New SSP rules from April 2026: who qualifies, what they’re owed, and how to calculate it
From day one entitlement to universal coverage, the Employment Rights Act is overhauling Statutory Sick Pay. If you employ anyone...
Employment Rights Act: What are the new employment law changes in April 2026?
8 minutes read | Published on April 1, 2026
Written by 
Gillian McAteer.
Technically reviewed by Emma McGrath
Key takeaways: April 2026 employment law changes
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Several employment law changes came into force in April 2026 as part of the government’s Employment Rights Act reforms. If you employ people, some of these will require you to act — whether that’s updating contracts, revising absence procedures, or reviewing how you handle collective consultation.
Here’s what’s changed, what it means in practice, and what you should have in place.
What’s changing on 6 April 2026?
Nine significant changes take effect this April. Some affect day-to-day HR processes directly; others affect how employment rights are enforced at a national level. The ones most likely to require action from a small employer are: SSP, paternity leave, parental leave, collective redundancy rules, and whistleblowing.
Statutory Sick Pay: payable from day one, for almost all employees
What’s changed: SSP is now payable from the first day of sickness absence, with no qualifying earnings threshold.
Previously, employees had to earn at least £125 per week (the Lower Earnings Limit) to qualify for SSP, and SSP wasn’t payable for the first three waiting days of any absence. Both of those rules have gone.
From 6 April 2026:
- SSP is payable from day one of absence, with no waiting days
- The earnings requirement is removed — even very low-paid or casual workers are now eligible
- The standard rate of SSP increases to £123.25 per week from 6 April
- Low earners receive either the flat rate or 80% of their average weekly earnings, whichever is lower
What this means for you: If you have staff on variable or low hours, casual contracts, or zero-hours arrangements who you previously didn’t pay SSP to, that changes now. Your sickness absence policy and payroll processes should reflect the day-one entitlement and the revised rate. You can read the government’s Statutory Sick Pay guidance on GOV.UK for the official eligibility rules.
Paternity leave: now a day-one right
What’s changed: Employees no longer need 26 weeks’ service to take paternity leave.
Previously, an employee had to have 26 weeks’ service by the 15th week before the expected week of childbirth (or matching/placement for adoption) to be eligible for paternity leave. That service requirement has been removed for births or adoptions from 6 April 2026.
Important distinction: The right to take paternity leave is now available from day one of employment. The right to receive Statutory Paternity Pay still requires 26 weeks’ service — that hasn’t changed. ACAS has guidance on paternity leave and pay that sets out the rules in full, or you can read our guide to maternity and paternity.
What this means for you: A new employee who joins and whose partner gives birth the following week is entitled to take paternity leave. Check your paternity leave policy reflects the updated eligibility rules.
Parental leave: service requirement removed
What’s changed: Unpaid parental leave is now a day-one right.
Employees previously needed 12 months’ service before they could take unpaid parental leave (up to 18 weeks per child, up to the child’s 18th birthday). That requirement has been removed from 6 April 2026. ACAS provides further detail on parental leave entitlements.
What this means for you: Any employee with a child under 18 can now request unpaid parental leave regardless of how long they’ve been with you. If your contracts or policies still reference the 12-month qualifying period, update them.
Collective redundancy: protective awards doubled
What’s changed: The maximum protective award for breaching collective consultation rules has doubled to 180 days’ pay per employee.
Collective consultation rules apply where you’re proposing to make 20 or more redundancies at one establishment within a 90-day period. These rules also apply to dismissals based on changes to terms and conditions. If you breach them, employment tribunals can order a protective award to affected employees.
From 6 April 2026, that maximum award increases from 90 days’ pay to 180 days’ pay per employee.
What this means for you: If you’re approaching or managing a situation involving 20+ redundancies, the cost of getting the process wrong has materially increased. Proper collective consultation — including adequate notice to the Secretary of State (HR1 form, GOV.UK) and meaningful employee representative engagement — is not optional. The ACAS guide to collective redundancy is the most useful starting point for understanding what a compliant process looks like, or talk to our HR consultants about your specific situation.
Equality Action Plans: voluntary for employers with 250+ employees
What’s changed: Large employers are encouraged (but not required) to publish Equality Action Plans from April 2026.
These plans should cover measures to address gender pay gaps and support employees through the menopause. This is a voluntary step ahead of mandatory requirements expected to come into force in 2027, which may also extend to reporting on outsourced workers.
What this means for you: This doesn’t require action from most small employers. If you have 250 or more employees, consider whether publishing a plan now gets ahead of what will become a legal requirement. The government’s gender pay gap reporting guidance covers the existing mandatory framework for context.
Trade union recognition: simpler threshold for ballot wins
What’s changed: Trade unions no longer need 40% of eligible voters to support recognition — a simple majority of votes cast is now sufficient.
Previously, a trade union seeking statutory recognition had to achieve support from at least 40% of the workers eligible to vote in the recognition ballot, not just a majority of those who voted. That 40% threshold has been removed.
What this means for you: This makes it easier for a union to achieve statutory recognition through the ballot process. If you employ staff in sectors with active union organising, this is worth being aware of. The GOV.UK guidance on trade union recognition explains how statutory recognition works.
Whistleblowing: sexual harassment complaints now protected disclosures
What’s changed: A complaint of sexual harassment at work now qualifies as a whistleblowing protected disclosure.
Workers who raise concerns about sexual harassment are now protected under the whistleblowing framework, in addition to any existing protections under the Equality Act 2010. This means they have additional legal protection against detriment or dismissal for raising the concern. ACAS has guidance on whistleblowing at work that covers how employers should handle protected disclosures.
What this means for you: Ensure your grievance and whistleblowing policies are consistent with each other and reflect this change. Anyone handling internal complaints of sexual harassment should be aware that the person raising the concern may have whistleblowing protections.
The Fair Work Agency: a new enforcement body from 7 April 2026
What’s changed: A new national enforcement body — the Fair Work Agency — established on 7 April 2026.
The Fair Work Agency takes over responsibility for all areas of state-enforced employment rights, including National Minimum Wage compliance and agency worker regulations. It also has an extended remit to enforce SSP and holiday pay rights — areas that weren’t previously subject to state enforcement. Employers will need to keep annual leave records for 6 years.
The agency has new powers backed by civil and criminal penalties.
What this means for you: Non-payment of the National Minimum Wage and underpayment of SSP or holiday pay can now be pursued by a dedicated enforcement agency with meaningful sanctions. Keeping accurate pay and holiday records and following the correct rates isn’t just about tribunal risk — it’s now subject to direct enforcement. The current National Minimum Wage rates are published on GOV.UK.
Fair Pay Agreement Adult Social Care Negotiating Body: powers granted
What’s changed: From 6 April 2026, the government has been granted the power to establish a Fair Pay Agreement Adult Social Care Negotiating Body.
This body will be involved in setting minimum terms and conditions for social care employees. The power to create the body has now been legislated; the body itself and any resulting minimum terms are yet to be established.
What this means for you: If you operate in adult social care — as a care home, domiciliary care provider, or similar — this is a change to watch. It does not require immediate action, but the direction of travel is toward sector-wide minimum standards for pay and conditions. CQC-regulated providers in particular should keep track of developments here alongside their existing compliance obligations.
Bereaved Partner’s Paternity Leave: a new entitlement from 6 April
What’s changed: Partners of a mother or primary adopter who dies within the first year of birth or adoption now have a right to up to 52 weeks’ unpaid leave to care for the child.
This right was introduced under separate legislation (not the ERA) and is available to partners whose child is born or adopted from 6 April 2026.
What this means for you: This is an unpaid leave entitlement. If you encounter a situation where an employee needs to take this leave, they are legally entitled to it and you should treat it accordingly.
What you should do now
Most small employers will need to review and update the following:
- Sickness absence policy: reflect day-one SSP entitlement, the updated rate (£123.25/week), and eligibility for low earners and casual workers
- Paternity leave policy: remove the 26-week service requirement for the right to leave (while retaining it for Statutory Paternity Pay)
- Parental leave policy: remove the 12-month service requirement
- Whistleblowing policy: ensure sexual harassment complaints are covered as protected disclosures
- Redundancy process: if you’re managing collective redundancies, take advice before you begin; the financial exposure for procedural errors has doubled
The Fair Work Agency and the changes to collective redundancy protective awards both increase the cost of getting things wrong. If you’re unsure whether your contracts and policies reflect the April 2026 changes, it’s worth checking before an issue arises rather than after. Our HR advisers can review your documentation and flag anything that needs updating.
Quick answers: Your April 2026 ERA questions
Does SSP now apply to zero-hours workers? Yes. From 6 April 2026, there is no minimum earnings threshold for SSP eligibility. Employees on zero-hours or casual contracts who earn below the previous Lower Earnings Limit are now entitled to SSP from day one of sickness absence. They will receive either the flat rate of SSP (£123.25 per week) or 80% of their average weekly earnings, whichever is the lower amount.
Can an employee take paternity leave from their first day? Yes — the right to take paternity leave is now available from day one of employment for births or adoptions from 6 April 2026. However, the right to receive Statutory Paternity Pay still requires 26 weeks’ service by the 15th week before the expected week of childbirth or matching.
What is the maximum protective award for collective redundancy now? From 6 April 2026, an employment tribunal can award up to 180 days’ pay per affected employee where an employer has failed to follow collective consultation obligations. The previous maximum was 90 days’ pay. The rules apply where 20 or more redundancies (or dismissals for changes to terms) are proposed within a 90-day period at one establishment.
Does the Fair Work Agency replace HMRC enforcement of the National Minimum Wage? The Fair Work Agency takes over responsibility for enforcement of National Minimum Wage, agency worker regulations, and has a new remit covering SSP and holiday pay. Employers who underpay in these areas are now subject to enforcement by a dedicated agency with both civil and criminal penalties available.
When does the change to unfair dismissal qualifying periods take effect? The reduction in the unfair dismissal qualifying period (from two years to six months) is part of the Employment Rights Act but does not take effect in April 2026. That change is expected to come into force from 1 January 2027.
Do I need to publish an Equality Action Plan? Not yet, and not unless you have 250 or more employees. From April 2026, large employers are encouraged on a voluntary basis to publish plans covering gender pay gaps and menopause support. Mandatory requirements are expected to follow in 2027.
Need help reviewing your contracts and policies?
Our HR consultants can check that your employment contracts, handbooks, and absence policies reflect the April 2026 changes — and advise on anything coming next. Citation works with over 30,000 SMEs across the UK, and our 140+ CIPD-qualified HR consultants provide advice backed by £1.5m of legal indemnity.
