In force from April 2026: Changes to collective redundancy, paternity and parental leave, SSP and whistleblowing reforms

A number of provisions in the Employment Rights Act 2025 ('ERA 2025') came into force on 6 April 2026. We set out the key changes.

Collective redundancy consultation

The maximum 'protective award' for failure to consult on collective redundancies has increased. This may be awarded when an employer is proposing to dismiss 20 or more employees at an establishment within a 90 day period and fails to carry out collective redundancy consultation in accordance with statutory requirements. The award is intended to act as a penalty and was previously a maximum of 90 days' (uncapped) pay in respect of each affected employee. From 6 April 2026, that maximum doubled to 180 days' (uncapped) pay per affected employee. Although further regulations about this are yet to be published, the Government information website for employers suggests that it will apply to any dismissals that take place on or after 6 April 2026.

Day-one rights to paternity leave and unpaid parental leave 

Paternity leave and unpaid (not shared) parental leave are now 'day one' rights, so employees no longer need a qualifying period of employment to take such leave.  It is also possible to take paternity leave after shared parental leave (rather than requiring it to be taken first).

In cases where the mother or adopter has died, employees have had the right to 'day one' paternity leave since 18 February 2026.  This right extends to all other cases from 6 April 2026, though employees who would not otherwise have the necessary length of service are allowed to give notices related to such leave from 18 February 2026. 

Similarly, employees have the right to 'day one' parental leave from 6 April 2026, though employees who would not otherwise have the necessary length of service are allowed to give notices related to such leave from 18 February 2026.

Statutory sick pay ('SSP')

The concept of 'waiting days' has been removed, so SSP is now payable from the first day of sickness. SSP is also payable to those earning less than the National Insurance lower earnings limit (which is currently £125 per week). The rate at which SSP is paid will remain fixed at a rate set annually. From 6 April 2026, the rate increased from £118.75 to £125.25, or 80 per cent of the employee's weekly earnings if that is lower than £125.25. The cost of these changes will be met by employers.

Sexual harassment and whistleblowing

From 6 April 2026, a disclosure that sexual harassment 'has occurred, is occurring or is likely to occur' is explicitly protected under whistleblowing law. Commencement regulations will clarify the date on which such disclosures need to be made to gain the protection. Although sexual harassment complaints are often already protected, the change in the law removes any ambiguity about whether that is the case, where the other statutory requirements are met. This change also makes it clear, for example, that a provision in a non-disclosure agreement that seeks to prevent a complainant from making protected disclosures about sexual harassment is void and unenforceable. 

Further changes are expected and we will keep you updated as we learn more.

This article was authored by Christina Morton, senior knowledge lawyer, and Melissa Paz, special counsel, in the UK employment team.