Employment Rights Act: February update

New measures now in place

As a reminder, here are the measures that came in this month.

Paternity and Parental Leave

• In anticipation of paternity and parental leave becoming a day one right, those employees who will become eligible for the leave from 6th April 2026 are now able to give notice of their intention to take the leave. The notice period has been temporarily reduced to 28 days for those who are newly eligible (who wouldn’t have been entitled to leave before the legislative change).

Industrial Action (Trade Unions)

• Protection against dismissal for taking part in industrial action – removal of the 12-week cap that an employee is protected for, increasing their protection against unfair dismissal.
• The repeal of the great majority of the Trade Union Act 2016, simplifying requirements on trade unions, including in relation to industrial action and political funds.
• Removing the 10-year ballot requirement for trade union political funds.
• Simplifying industrial action notices and industrial action ballot notices.

More dates for the diary

August 2026

Trade Unions 

• Trade union members will be able to vote electronically or in-person in ballots for industrial action, union elections and other statutory ballots – if the employer and trade union agree.
• The requirement for a 50% turnout for industrial action ballots will be removed.

October 2026

Harassment

• Duty on employers to take all reasonable steps to prevent sexual harassment (currently “reasonable steps”).
• Duty on employers to prevent any type of harassment of their employees by third parties.
• Introduction of regulations to specify steps that are to be regarded as “reasonable”, to determine if an employer has taken all reasonable steps to prevent sexual harassment.

Tipping

• Employers will need to consult with workers before creating a tipping policy.
• Tipping policies will need to be updated every 3 years.

Trade unions

• Workers will be protected against detriment for taking part in industrial action, in addition to unfair dismissal.
• New duty on employers to inform workers of their right to join a trade union.
• Update rules on unions’ right of access to workplaces.
• Updated code of practice on trade union recognition.
• New right to reasonable accommodation and facilities for trade union representatives carrying out their duties.
• New right to time off for union equality representatives to carry out their duties.

Two-tier code (Public sector)

• New measures for public sector outsourcing to prevent different terms and conditions for ex-public sector employees (TUPE) and private sector employees.

Adult social care negotiating body

• A new negotiating body for adult social care will be established for fair pay agreements.

No earlier than October 2026

Employment tribunal time limits

• The time limit in which an individual can make a claim to an employment tribunal will increase from 3 months to 6 months for all claims.

December 2026

• Commencement of the Mandatory Seafarer’s Charter.

Later changes

There are of course many more changes set to come in 2027. We’ll be sure to update and remind you of these in the upcoming months.

Have your say – five new open consultations

The Government have opened several new consultations relating to the Employment Rights Act 2025 and their plan to “Make Work Pay”. They are inviting views from employers, workers, trade unions and members of the public who are likely to be affected by the new framework. If you would like to get involved in any of the topics below, you can follow the links and submit your views by the closing dates shown.

• Recognition code of practice and e-balloting unfair practices - closes 1st April 2026, link here.
• Fire and rehire: changes to expenses, benefits, and shift patterns - closes: 1st April 2026, link here.
• Strengthening the law on tipping - closes: 1st April 2026, link here.
• Improving access to flexible working - closes: 30th April 2026, link here.
• Modernising the Agency Work Regulatory Framework - closes: 1st May 2026, link here.

You can also take part in a consultation by Acas as they update their statutory code of practice for trade union duties and activities.

• Draft Code of Practice on time off for trade union duties and activities -closes: 5pm on 17th March 2026, link here.

New statutory rates from April 2026

The Government have confirmed the new statutory rates that will come into effect from 1st April 2026.

Statutory family-friendly payments

Maternity, adoption, paternity, shared parental, parental bereavement and neonatal care pay will be increasing:

• 2025 rate: £187.18
• 2026 rate: £194.32
• Lower earnings limit rising from £125 to £129.

Statutory sick pay

• 2025 rate: £118.75
• 2026 rate: £123.25
• The lower earnings limit will be removed.

National Minimum/Living Wage

Real living wage update

Employers who have voluntarily committed to paying the Real Living Wage have until 1st May 2026 to pay the uprated amount.

London rate

• Previous rate: £13.85
• New rate: £14.80

Rest-of-UK rate

• Previous rate: £12.60
• New rate: £13.45

As always, we’ll continue to monitor developments closely and share further updates as the new employment framework takes shape.