The Employment Rights Act has recently become law and will begin affecting the workplace throughout 2026 and into 2027.
One of the cornerstones of the new Act is the expansion of many rights and protections to begin from day one of employment.
This change has the potential to add additional financial and administrative burdens for the unprepared employer, so it is imperative that you understand the changes ahead of time.
Which rights will workers now have from day one?
Prospective parents are set to find more equal protection for their right to leave.
Maternity leave is already enshrined as a day one right, but non-birthing parents have historically struggled to access the same degree of consideration.
This likely stems from pregnancy being a protected characteristic, whereas being a parent does not inherently confer legal protection.
This has meant that non-birthing parents must have worked continuously for at least 26 weeks by the end of the 15th week before the baby is due.
Under the Employment Rights Act, paternity and parental leave also become day one rights, meaning it will be necessary to prepare for workers to take time out as soon as their employment commences. Although it is important to note that currently there is no proposal for statutory paternity pay to also become a day one right. It is understood that the government intends for the measures to come into force in April 2026.
It is hoped by many advocates that this may pave the way for future reforms to paternity leave that would see more time afforded to non-birthing parents and work to reduce the patriarchal expectation placed on birthing parents to stay out of work.
Bereavement leave will also be accessible to any worker from day one.
As yet, the exact specifications of qualifying grief have not yet been outlined, but it is assumed that the deaths of close relatives will be considered a valid reason for bereavement leave. It appears that this entitlement is likely to come into force in 2027.
The proposed bereavement leave will be applicable under the following conditions:
- Employees can take one week’s bereavement leave for the death of an eligible relative
- If multiple bereavements occur, employees will be entitled to separate leave for each loss
In addition to greater access to leave, employers also need to consider how flexible they are with working conditions.
Employees have a day one right to request flexible working, including options for hybrid or remote work. This has been in place since 6 April 2024 but the Employment Rights Act 2025 introduces a reasonableness test.
This does not mean that all requests are automatically granted, as employers can still reject requests for flexible working if the employer believes that there are specified business grounds for doing so and if it is reasonable for the employer to refuse the request on that basis.
To limit any challenging conversations, be sure to highlight the scope of flexibility during the recruitment process and work arrangements into contracts where possible.
What happened to the unfair dismissal protections?
Protection from unfair dismissal was supposed to be a day-one right in earlier drafts of the Employment Rights Act, but an eleventh-hour amendment has changed this.
Instead, the right to protection from unfair dismissal will take effect after six months of continuous employment. This is a reduction from the current two-year threshold and will require a change in approach for employers.
Due to that fact this will no longer be a day-one right, there are no longer proposals regarding a set probationary process and these processes are likely to remain similar.
It is expected that the reduction in the qualifying period for unfair dismissal claims will be in force from 1 January 2027.
It will be essential to take a probation period seriously and conduct a detailed review after three months.
This will let the employee know what, if anything, needs to change to ensure they are suitable for continued employment.
No later than five months after hiring someone, employers should make a firm decision about whether to continue their employment or let them go.
This will avoid a situation where an employee creeps past the threshold, which could see them lodge legal challenges for failing probation if they feel they were unfairly assessed.
It is important to remember, however, that employees can still bring claims for discrimination or automatic unfair dismissal if they do not have the qualifying service to bring a claim for unfair dismissal.
The Employment Rights Act is set to change the very foundations of the employer-employee dynamic and we want to help you stay compliant.
As each measure takes effect, we can help you to prepare and adjust any contracts accordingly.
We have also put together a helpful guide that details the scope of changes introduced by the Employment Rights Act, so this can help you learn about your new obligations.
Download our guide to the Employment Rights Act here.
For expert help in staying ahead of the Employment Rights Act, speak to our team today!