The Employment Rights Act, without the jargon

Sick pay from day one

Statutory Sick Pay is now paid from the first day off sick, not the fourth, and the lower earnings limit has gone - so part-timers on low hours qualify too. The rate is £123.25 a week or 80% of average weekly earnings, whichever is lower.

• Paternity leave and unpaid parental leave became day-one rights.
• Whistleblowing protection now covers disclosures about sexual harassment.
• Employers must keep records of annual leave and holiday pay for at least 6 years (Acas).
• 7 April 2026: the Fair Work Agency was set up. Acas says it takes on enforcement of rights including holiday pay and Statutory Sick Pay.

Worked example

Example: a part-timer earning £100 a week, working Monday to Friday, is off sick for a full week. 80% of £100 is £80, which is lower than £123.25, so SSP for the week is £80 - paid from the first day. Before April 2026 they'd have got nothing, because they earned under the old £125 lower earnings limit.

Try the free SSP calculator →

Do this: Log every sickness absence and pay SSP from the first qualifying day.

Sources: GOV.UK: Statutory Sick Pay · Acas: SSP

Six months to bring a claim

The time limit for most employment tribunal claims doubled from 3 months to 6 months (minus a day) for problems on or after 1 October 2026. Issues stay live for longer, so your records matter more.

• Acas early conciliation still pauses the clock.
• In Scotland, breach of contract claims move to 6 months on 9 November 2026 (GOV.UK timeline).

Do this: Keep notes of meetings, decisions and reasons - dated and stored safely.

Sources: Acas: tribunal time limits

All reasonable steps

The duty to take reasonable steps to prevent sexual harassment has applied since 26 October 2024. From 30 October 2026 it becomes stronger: employers must take all reasonable steps - and become liable for harassment of their staff by third parties such as customers and clients unless they've taken all reasonable steps to prevent it.

• Third-party liability isn't limited to sexual harassment: Acas says employers will be liable for harassment from third parties, which covers harassment related to race, religion, disability and the other protected characteristics too.
• Acas's examples: assess risks regularly, have a policy, train staff, record incidents, and tell customers what behaviour you won't accept.

What "all reasonable steps" looks like in a small business

• A written risk assessment covering customers, lone working, late shifts and alcohol.
• A policy that covers harassment by third parties, with more than one way to report.
• Training for everyone, and records of who was trained and when.
• Telling customers what behaviour you won't accept - signs, booking terms, emails.
• Recording incidents and what you did about them.
• Asking staff about the risks, naming someone to lead on it, and writing down why you didn't take any step you decided wasn't reasonable.

Do this: Do a risk assessment, publish a policy, get it acknowledged and record training.

Sources: Acas: harassment law changes

Tipping policies: consult and review

GOV.UK lists stronger tipping law for the end of 2026, with no exact date yet. Acas says employers will have to consult workers before creating or reviewing a tipping policy, share an anonymised summary of the feedback with the workers affected, and update the policy at least every 3 years.

• Since 1 October 2024 tips have had to be passed to workers fairly and in full, and employers who get tips regularly need a written tipping policy.

Do this: If you take tips, keep your written tipping policy and be ready to consult staff on the next review.

Sources: GOV.UK timeline · Acas: Employment Rights Act 2025

Six months is all it takes

The qualifying period for unfair dismissal drops from 2 years to 6 months, and the cap on the compensatory award is removed. Probation reviews before the 6-month mark become the moment that matters.

• New protections against fire and rehire (GOV.UK: January 2027).
• A new duty to tell workers about their right to join a trade union (Acas: 1 January 2027).
• The 6-month rule applies where employment ends on or after 1 January 2027, even if notice was given before then (SI 2026/559, reg 4).

How the six-month date works

Service is counted in calendar months from the first day up to the day employment ends. Someone who starts on 3 August 2026 completes six months on 2 February 2027, so their employment would have to end by 1 February 2027. Statutory notice (one week for most people in their first two years) is added to service even if you pay in lieu, so a dismissal with pay in lieu needs to happen by 25 January 2027. If they work a longer contractual notice, give it earlier so it ends in time: with one month's notice, by 1 January 2027.

The new rule applies wherever employment ends on or after 1 January 2027, even if notice was given before (SI 2026/559, reg 4). So staff who already have more than six months' service are protected if their employment ends on or after 1 January 2027: notice given on 20 December 2026 with four weeks' notice ends on 17 January 2027, inside the new rules. Information, not legal advice.

Work out any employee's dates with our free calculator →

Do this: Know every employee's 6-month date and review performance well before it.

Sources: GOV.UK timeline · Acas: Employment Rights Act 2025

Still being consulted on

The government expects further changes during 2027. Details and dates are subject to consultation, so treat these as a heads-up rather than rules.

• Guaranteed hours and reasonable notice of shifts for zero and low-hours workers.
• Changes to how flexible working requests are decided.
• Bereavement leave, including pregnancy loss.
• Stronger dismissal protection for pregnant women and new mothers.
• Rules limiting non-disclosure agreements (NDAs) about harassment and discrimination.

Do this: Nothing to do yet - we'll update Gaffer when the rules are confirmed.

Sources: GOV.UK timeline