A number of leading employment lawyers believe this week’s changes to the Employment Rights Act (ERA) provide the opportune moment for businesses to act.
Changes to statutory sick pay, trade union law and parental leave are amongst those that were implemented on 6th April 2026 as part of the Act – with the new and independent Fair Work Agency having started up a day later.
Other areas that saw change included strengthening protections for whistleblowers, creating action plans on gender pay and menopause and improving collective redundancy protection.
It will be some time before we see the impact of these changes but top experts at Knights have highlighted how, with some arguably more substantial changes due in October, now is the best time to review your policies and procedures.
Partner in Leicester, John Wood, said:
“These changes are a bit of a taster in terms of the changes that will be coming in. Whilst they’re important and give additional rights – ultimately nothing coming in this April is groundbreaking and are probably the most straightforward ones to deal with.
“There’s a real danger that, if businesses don’t deal with these at the time they’re implemented, they could find themselves in a position where they’re trying to deal with a lot of different changes at the same time come October. This would put themselves at significant risk of employees bringing claims against them if they are not up to speed.”
Julie Temple, a Partner in Colchester, has highlighted protections for whistleblowers as a key change:
“Many organisations are not confident managers recognise whistleblowing, let alone how to properly deal with it so the addition of reporting sexual harassment to the list is a great opportunity to raise awareness of the change and implications of whistleblowing generally.
“These changes, both in April and October of this year, highlight an opportunity to increase the confidence of staff in their employers’ ability to action against and decrease sexual harassment in the workplace. This is a win, win.
“To do this, employers need to ensure all staff know what types of behaviour are and are not acceptable through updated policies and procedures shared with the entire staff base, training and regular reminders – especially ahead of higher risk activities taking places.
“Managers also need to be aware of the changes, how to identify whistleblowing and take prompt and effective action - including escalating issues when necessary.”
Senior Associate in Kings Hill, Elaine Abbs, says changes to statutory sick pay need to be considered:
“Statutory sick pay will be available to many more employees because the lower earnings limit will no longer apply and this will clearly be an increased financial burden for employers.
“Looking at it from a different perspective, it’s likely to mean that fewer employees who should not be bringing their illness into work, will come into work and, managers who manage sickness absence early, is likely to mean fewer sick days are taken. Taking a day off sick could be a red flag that someone is not coping with work. The new changes will mean that this should be picked up earlier.
“We know that where managers engage with their staff to talk about a day off sick and listen to staff, this can result in improved attendance. Managing illness absence is key to a more positive working environment, which will contribute to staff retention and success.”
Clive Day, a Partner in Nottingham has flagged trade union law changes:
“The additional rights that trade unions began to gain in February this year, are more fundamental than many people appreciate. It is important to understand the context: the government is committed to strengthening worker voice through union participation.
“To that end, they are granting unions a whole new toolkit for gaining access to workplaces. When fully in force by the end of this year, the new measures will act progressively: they start with raising awareness of union rights and protections against union discrimination, progress through new workplace and digital access rights for unions, and end in easier legal tests for unions to gain formal recognition.”
Partner in Brighton, Leon Deakin, says it’s important not to forget the introduction of the Fair Work Agency:
“Protecting yourself is even more key with the launch of the Fair Work Agency – which came into play from 7th April. In my opinion, its introduction has the potential to be one of the most significant changes.
“As the new unified body to enforced workers’ rights it will have the power to investigate and take action in relation to a wide range of topics including minimum wage, holiday pay and sick pay. The remit to cover holiday pay is especially noteworthy as, prior to this enforcement, it depended on employees bringing claims.”
Caroline Rayner, a Partner in Manchester, concluded:
“These changes in April provide an opportune moment for businesses to reset their policies – ensuring everything is in place ahead of some more substantial changes later this year and beyond.
“It is also vitally important to make sure that managers are equipped to recognise what might amount to a protected disclosure and what to do if this arises.
“Delaying a review of your current procedures, risk profile and associated measures will increase the chances of claims against you. There is still time to act but do so now so you ensure you’re not left with too much to do when future changes come into play.”