New Acas survey on the Employment Rights Act reveals that sick pay changes will have biggest impact on employers in Scotland

More than half (53%) of Scottish employers say changes to statutory sick pay will have a significant impact on their business, according to a new survey.

Workplace expert, Acas, commissioned YouGov to ask which changes in the Employment Rights Act 2025 will have the biggest impact on bosses in Scotland

New rights on sick pay topped the polls, with Scottish employers ranking new rules around unfair dismissal and flexible working second.

The valuable insights gained from the results will help Acas target its support for workers and bosses where they need it the most.

Niall Mackenzie, Acas Chief Executive, said: “The Employment Rights Act is a major shake-up in employment law and will impact businesses and workers in Scotland.

“It’s crucial that both employer and employees get to grips with the new rules, and Acas remains best placed as independent experts helping everyone at work throughout this period of change.

“Acas will be working with employers, workers and their representatives on the implementation of the Employment Rights Act and we will be updating our advice and training.”

The survey results revealed that:

        More than half of Scottish employers (53%) said that workers getting sick pay for the first day of illness rather than the fourth day would have the biggest impact on them.

        Employers also said flexible working rules (19%) and new protections around unfair dismissal (39%) would likely have an impact.

New rules, brought in by the Employment Rights Act, regarding paternity leave and sick pay will come into force on 6th April 2026.

From 6 April, employees will be eligible for paternity leave from the first day of employment. Currently employees must have worked for their employer for 26 weeks before they are eligible.

From 1 January 2027, employees will be protected from unfair dismissal if they have worked for their employer for at least six months. Currently an employee must have two years continuous service to be able to claim unfair dismissal.

A dismissal may be considered unfair by law if there was no fair reason for the dismissal; the reason was not enough to justify dismissing them; or the employer did not follow a fair procedure.

In 2027 new measures will come into force intended to improve access to flexible working.

Flexible working can involve a change to when, where or how someone works. Employers and employees should follow the Acas Code of Practice on flexible working when handling a request.

Acas has an online roadmap of when all the new expected law changes in the Employment Rights Act are likely to come into effect, which includes webinars and training: Employment Rights Act 2025 – Acas

Acas survey on the Employment Rights Act reveals that sick pay changes will have biggest impact at work

Workplace expert, Acas, commissioned YouGov to ask which changes in the Employment Rights Act 2025 will have the biggest impact on bosses and workers.

New rights on sick pay topped the polls for both, followed by new protections on unfair dismissals. Employers ranked new paternity leave rights as their third biggest while workers opted for the new changes on flexible working.

The valuable insights gained from the results will help Acas target its support for workers and bosses where they need it the most.

Niall Mackenzie, Acas Chief Executive, said: “It is clear from our polls that new worker rights on sick pay and protections from being unfairly dismissed from work are at the forefront in the minds of employers and workers.

“Acas will play a crucial role working with employers, workers and their representatives on the implementation of the Employment Rights Act and updating its advice and training.

“These reforms represent the biggest shake-up to employment law in a generation. Acas remain best placed as independent experts helping everyone at work throughout this period of change.”

The survey results revealed that:

  • 43% of employers said that workers getting sick pay for the first day of illness rather than the fourth day would have the biggest impact on them and 36% of workers also listed it as their biggest impact too.
  • Workers being protected from unfair dismissal after six months in a job instead of two years was the second most-commonly chosen reform with 31% of employers and 30% of employees selecting this.
  • For employers, rights for paternity leave from the first day of employment was their third-most important reform (28%), while workers said making it easier to get flexible working arrangements at work (28%) was theirs.

New rules, brought in by the Employment Rights Act, regarding paternity leave and sick pay will come into force on 6th April 2026.

From 6 April, employees will be eligible for paternity leave from the first day of employment. Currently employees must have worked for their employer for 26 weeks before they are eligible.

From 1 January 2027, employees will be protected from unfair dismissal if they have worked for their employer for at least six months. Currently an employee must have two years continuous service to be able to claim unfair dismissal.

A dismissal may be considered unfair by law if there was no fair reason for the dismissal; the reason was not enough to justify dismissing them; or the employer did not follow a fair procedure.

In 2027 new measures will come into force intended to improve access to flexible working.

Flexible working can involve a change to when, where or how someone works. Employers and employees should follow the Acas Code of Practice on flexible working when handling a request.

Acas has an online roadmap of when all the new expected law changes in the Employment Rights Act are likely to come into effect, which includes webinars and training: Employment Rights Act 2025 – Acas

TUC: Employment Rights Act passing is a “landmark day for millions of workers”

Commenting on the Employment Rights Act becoming law (Thursday), TUC General Secretary Paul Nowak said: “This is a landmark day for millions of workers.

“The Employment Rights Act represents the biggest upgrade in workers’ rights in a generation.

“It will deliver common sense changes like banning exploitative zero hours contracts, protecting workers from harassment and sick pay for all – and so much more. These are hard-won rights that the union movement and workers have long campaigned for.

“For too long, we have lagged behind our European counterparts on workers’ rights. This legislation takes us closer to the mainstream.

“We are finally closing the door on the broken status quo defined by insecurity, poor pay and weak rights.

“It’s now vital the government finishes the job – ensuring workers feel the benefits of all these new protections as soon as possible. That means watertight secondary legislation, which delivers new rights fully and quickly.”

The Advisory, Conciliation and Arbitration Service (Acas) has welcomed the new Employment Rights Act, describing it as a significant opportunity for employers and staff to work together to help businesses thrive and improve working lives.

The Act, which received Royal Assent on Thursday, will update British employment law and includes the following changes:

·       protection from unfair dismissal will become a right after 6 months of being in a job instead of two years

·       new rules to limit “fire and rehire” practices

·       the right to guaranteed hours for workers on zero hours contracts

·       statutory sick pay will be paid from the first day of illness

·       whistleblowing protection for disclosing sexual harassment at work

·       proactive duty on employers to take all reasonable steps to prevent sexual harassment and obligations to prevent employees from 3rd party harassment

·       paternity leave will become a day one right instead of needing to work for an employer for 26 weeks

·       stronger protections against dismissal for pregnant workers and those returning from maternity leave

·       new rules around trade unions’ right to access workplaces to meet and support workers, and simplified rules for trade unions to negotiate with employers over pay and conditions

Niall Mackenzie, Acas Chief Executive, said: “This is a once-in-a-generation change to employment law in Britain and an opportunity for employers and workers to work together to bring all workplace relations up to the standard of current best practice, and help businesses thrive and improve working lives.

“Acas will be updating its training and advice as the new laws are implemented. We stand ready to help employers, workers and their trade unions work together to make the most of the opportunity presented by these reforms to build better, healthier and more productive workplaces.”

Acas will play a crucial role in supporting the Act’s implementation, through:

·       developing comprehensive advice on all aspects of the new legislation as they take effect

·       producing statutory Codes of Practice to ensure employers and workers understand their legal obligations and good working practices

·       providing a range of training and support, including webinars, workshops and resources

·       continuing to provide expert, impartial conflict resolution through its conciliation and mediation services

Acas is working with the Department for Business and Trade, as well as other partners to provide advice and help employers and employees prepare for the changes.

Employers and workers seeking information can visit www.acas.org.uk.