Update (March / April 2026)
This blog reflects employment law changes taking effect from 6 April 2026. Employers should ensure they are prepared for implementation.
Employment law changes from April 2026 (UK): SSP reform, day-one leave rights and what employers need to do now
As we move through 2026, employers are facing another significant set of employment law changes. Several reforms linked to the Employment Rights Act are taking effect from 6 April 2026, meaning employers should now ensure they are fully prepared for implementation
This blog summarises what’s changing, what’s coming later, and the practical HR policy and payroll updates employers should make ahead of implementation.
Key dates (2026 first)
1) Statutory Sick Pay changes from April 2026
One of the biggest operational changes for employers is SSP reform. Under the new rules SSP will:
What this means in practice: more employees will qualify, SSP will start earlier, and payroll systems and absence procedures should be reviewed to manage cost, consistency and compliance.
SSP overview (current framework): https://www.gov.uk/statutory-sick-pay
2) Day-one Paternity Leave (leave eligibility) from April 2026
From 6 April 2026, Paternity Leave will become day-one right (subject to the correct notice being provided). Importantly:
The day-one right will apply to newly eligible parents where:
ACAS guidance on paternity leave: https://www.acas.org.uk/paternity-rights-leave-and-pay
3) Day-one Unpaid Parental Leave from April 2026
Unpaid Parental Leave is also expected to become a day-one right from 6 April 2026, meaning employees will no longer need one year’s service. The notice requirements remain in place.
Source: https://assets.publishing.service.gov.uk/media/69613116d6532b76df7dcd89/bereavement-paternity-and-unpaid-parental-leave.pdf
Unpaid Parental Leave overview (current framework): https://www.gov.uk/parental-leave
4) Shared Parental Leave: removing a common paternity trap
The Act removes the restriction that previously prevented taking Paternity Leave and Pay after Shared Parental Leave and Pay. This is designed to increase flexibility and reduce the risk of employees losing paternity rights due to misunderstanding the rules.
Source: https://assets.publishing.service.gov.uk/media/69613116d6532b76df7dcd89/bereavement-paternity-and-unpaid-parental-leave.pdf
5) Sexual Harassment Prevention Duty (Already in Force – Critical Focus)
While not part of the April 2026 changes, this is one of the most important legal duties employers should already be addressing.
Since October 2024, employers have a legal obligation to take reasonable steps to prevent sexual harassment.
This is a proactive duty, meaning employers must actively assess and reduce risk — not simply respond to complaints.
The risk:
- Employment tribunals can apply up to a 25% uplift in compensation if this duty is breached
What this means in practice:
- Conducting sexual harassment risk assessments
- Delivering training for managers and staff
- Creating clear reporting channels
- Embedding a safe, speak-up culture
- Reviewing policies and investigation processes
This is a major enforcement shift — and one many organisations are still underprepared for.
6) Protected Disclosures (Whistleblowing) – April 2026 Update
From 6 April 2026, sexual harassment disclosures relating to sexual harassment will be explicitly recognised as capable of qualifying for protection under whistleblowing law.
This means that workers who raise concerns about sexual harassment will benefit from protection against detriment and, for employees, unfair dismissal.
Previously, individuals had to rely on existing categories such as breach of legal obligation or health and safety to gain protection. The new legislation removes this ambiguity and makes it clear that disclosures relating to sexual harassment can qualify for protection under whistleblowing law.
What this means for employers:
• Whistleblowing policies should explicitly reference sexual harassment
• Reporting channels must be clear, trusted, and accessible
• Managers must understand how to recognise and respond to protected disclosures
• Any detrimental treatment following a disclosure could lead to additional legal claims
This change reinforces the importance of creating a culture where individuals feel safe to speak up early, not just when issues escalate.
Source: Whistleblowing Protections for Sexual Harassment
7) Bereavement Leave (including pregnancy loss) – expected 2027
The Act establishes a framework for a new statutory Bereavement Leave entitlement (unpaid, day one), including pregnancy loss. However, the detailed entitlement will be confirmed in regulations and is currently expected in 2027.
Source: https://assets.publishing.service.gov.uk/media/69613116d6532b76df7dcd89/bereavement-paternity-and-unpaid-parental-leave.pdf
Government consultation page: https://www.gov.uk/government/consultations/make-work-pay-leave-for-bereavement-including-pregnancy-loss
What employers should do now (ahead of April 2026)
HR policy updates to complete before 6 April 2026
-
Sickness Absence / Managing Attendance Policy (day-one SSP and wider eligibility)
-
Sick Pay Policy (how contractual sick pay interacts with SSP day one)
-
Paternity Leave Policy (day-one leave eligibility; pay qualifying rules unchanged)
-
Unpaid Parental Leave Policy (day-one eligibility from April)
-
Shared Parental Leave guidance (avoid confusion around paternity after SPL)
- Whistleblowing / Protected Disclosure Policy (ensure clear reporting routes and protections)
Employment contracts – do these need updating?
In most cases, employers do not need to update contracts to reflect these changes. As these are statutory employment rights, a statutory update communication to employees will usually be sufficient.
This applies to both:
- Statutory Sick Pay changes
- Day-one family-friendly leave rights
Contracts should only be reviewed and updated where:
- They contain specific wording that the employer wishes to formally amend, or
- They would benefit from a broader refresh
In practice, many contracts may still reference previous SSP rules (such as waiting days). While this wording will become outdated, the statutory entitlement will override it.
As a result, most employers can implement these changes via a statutory employment rights update communication, without needing to formally vary contracts.
For many employers, this presents a good opportunity to review and modernise contracts more broadly.
Process and payroll checks
-
Configure payroll for no SSP waiting days and the 80% capped calculation for low earners
-
Review absence reporting, fit note/self-certification practices, return-to-work meetings and trigger points
-
Brief managers on the practical changes and how to handle requests consistently
Need support preparing for April 2026?
If you’d like help reviewing policies, updating payroll/absence processes, or delivering manager briefings, we can help you prepare without unnecessary disruption.
👉 Get in touch to discuss your 2026 HR readiness.
Additional reference (overview): ACAS Employment Rights Act page
https://www.acas.org.uk/em
