04 Informed Legal


Employment Rights Act update


Te Employment Rights Act marks one of the most ambitious and far reaching reforms to UK labour law in decades. As the legislation begins its phased rollout, it signals a decisive shiſt toward greater stability, dignity, and protection for workers across the economy. For employers, it represents a fundamental recalibration of workplace responsibilities and expectations. At its core, the Act responds to long standing concerns raised by the NUJ and other unions about insecure work, unequal treatment, and outdated employment protections. It introduces a suite of new rights, some already in force, others awaiting commencement that collectively reshape the modern employment landscape. Te changes introduced during 2026,


particularly those that came into force from 6 April, show a clear move towards stronger protections, easier access to workplace rights and increased collective strength for unions and their members. For trade unions, this is significant because many of the reforms reverse restrictions introduced over previous years and place organised labour back at the centre of workplace relations. One of the most positive developments


for members is the expansion of “day one” rights. From 6 April 2026, employees gained immediate access to paternity leave and unpaid parental leave without lengthy qualifying periods. Tis is a major change, particularly for workers moving between roles or beginning new employment who would previously have had limited protection. Statutory Sick Pay has also been strengthened by removing the lower earnings threshold and abolishing ‘waiting days’, meaning workers can access sick pay from the first day of illness and lower-paid workers are


now covered. Tese reforms particularly benefit members in sectors with irregular work paterns, some freelance arrangements and lower pay structures. Collective redundancy protections


have also been strengthened. Te maximum protective award for employers who fail to properly consult during collective redundancy exercises has doubled from 90 days’ pay to 180 days’ pay. Tis significantly increases the consequences for employers who do not comply with consultation obligations and gives unions stronger leverage when challenging flawed redundancy exercises. For members facing restructures, this reinforces the importance of consultation, transparency and meaningful engagement before jobs are lost. Trade union reforms remain one of the most important aspects of the legislation. Te Act simplifies recognition procedures by removing some of the previous barriers that made union recognition harder to achieve. Recognition can now be secured through a simpler voting majority process, and unions no longer need to atain the historic thresholds that previously restricted access. Tis should make organising easier, improve representation and strengthen collective bargaining rights across workplaces. Te wider programme of reform is


equally important. Earlier provisions already repealed major parts of previous trade union restrictions, strengthened protections for workers taking lawful industrial action and removed minimum service level legislation during strike action. Looking ahead, further measures expected later in 2026 include electronic balloting, workplace access rights for unions and stronger rights for union representatives. Tese changes will


make engagement with members easier and modernise organising methods across workplaces. Te NUJ continues to contribute to ongoing government consultations on various parts of the legislation, including codes of practice. Te Act places a new statutory duty on employers to take all reasonable steps to prevent sexual harassment in the workplace. Tis is supported by forthcoming regulatory guidance that will clarify what “reasonable steps” mean in practice. Additionally, the Act restricts the use of non disclosure agreements (NDAs) in cases involving harassment or discrimination, promoting greater transparency and accountability – something the NUJ has long advocated. Te Act also introduces targeted measures to address systemic issues in key sectors, such as requiring employers to produce equality action plans and increased transparency around outsourced workforces. Tese provisions reflect a broader commitment to tackling inequality and improving standards. April 6 also saw the introduction of


the Fair Work Agency, which brings together employment enforcement functions into a single body. Te Agency is expected to play an increasingly active role in enforcing rights around pay, holiday entitlement and statutory payments, moving away from a system where workers oſten carried the burden of enforcement alone. For unions, this provides another route to support members and hold employers accountable. However, how useful the Agency remains to be seen. Te Act lays the groundwork for a


more secure, fair working practices, moving the focus back towards collective representation. Te reforms recognise that stronger worker protections and stronger unions are not obstacles to modern employment relations but essential parts of them. For the NUJ and its members, it represents an opportunity to improve workplace representation and secure meaningful improvements across the sector.


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