The Bottom Line
- From April 2026, the qualifying service period for Parental and Paternity Leave will be removed, making them ‘Day One’ rights for all employees. Businesses must update policies and prepare for this wider eligibility.
- New rules from February 2026 will strengthen protections for employees taking part in lawful industrial action, increasing the risk for employers who subject them to detriment or dismissal.
- The groundwork is being laid for significant new rights for zero-hours and agency workers, including guaranteed hours and compensation for cancelled shifts, though a firm date is not yet in place.
The Details
The government has fired the starting gun on the landmark Employment Rights Act 2025, publishing a commencement schedule that outlines a phased rollout of significant new workplace laws. The first wave of changes, effective from 18th February 2026, focuses on industrial relations. Employees will gain enhanced protection from detriment (such as being denied overtime or promotion opportunities) for participating in lawful industrial action. The existing protection against dismissal for taking part in a strike is also being bolstered. For businesses with unionised workforces, this raises the legal stakes around managing industrial disputes and requires a careful review of internal procedures.
The most immediate and wide-reaching change for all employers will arrive on 6th April 2026. From this date, both Paternity Leave and unpaid Parental Leave become ‘Day One’ rights. The requirement for an employee to have a minimum period of continuous service (previously 26 weeks for paternity and one year for parental leave) will be abolished. This expansion will significantly increase the number of eligible employees, particularly new hires. CEOs and HR departments must act now to update employee handbooks, internal policies, and manager training to ensure compliance from day one of the new tax year. Transitional provisions clarify that these new rules will apply for children born or placed for adoption on or after 6th April 2026.
Finally, these regulations pave the way for a future shake-up of the gig economy and atypical working arrangements. While a firm date is not yet set for implementation, the government has activated the powers needed to create detailed rules on a new right to guaranteed hours, reasonable notice of shifts, and compensation for shifts that are cancelled or significantly changed at short notice. This signals a clear move away from the less robust Workers (Predictable Terms and Conditions) Act 2023, which is now set to be repealed. Businesses heavily reliant on flexible or zero-hours contracts should begin strategic workforce planning in anticipation of these substantial forthcoming changes.
Source
The Employment Rights Act 2025 (Commencement No. 1 and Transitional and Saving Provisions) Regulations 2026
