TUC GUIDE
A further wave of employment rights introduced under the Employment Rights Act 2025 came into force yesterday (6 April).
Trade union campaigning has delivered a transformative package of new rights. The April changes will improve statutory sick pay for millions of workers, enable more working parents to take leave and give more workers a voice at work, by making it easier for unions to get recognised by employers for the purposes of representation and negotiation.
But changes delivered by the ERA will go much further than just these protections, with wide ranging new rights coming into force in a staggered timetable.
Further rights are scheduled to come into force on October 6 2026, with many more to follow in 2027.
Keep an eye on our Employment Rights Act homepage for further details.
What’s changing from April 6?
Statutory sick pay
No more earnings threshold and no more waiting days. All eligible employees can receive Statutory Sick Pay regardless of how much they earn. From their first full day of sickness absence.
Day one rights to Paternity Leave or Unpaid Parental Leave
Currently there are lengthy qualifying periods before working parents become entitled to paternity and parental leave. Both types of leave will become “day one” rights. Employees will also be able take Paternity Leave and Pay after Shared Parental Leave and Pay (currently they can’t).
Stronger protections against unfair redundancy
If an employer fails to comply with collective redundancy consultation obligations, employees may be entitled to a higher “protective award” (fine paid by the employer). The maximum protective award that an employment tribunal can make where an employer has not properly consulted during large scale redundancies – is increasing from 90 days’ pay to 180 days’ pay.
Whistleblowing protections – sexual harassment
Workers will have stronger legal protection if they ‘blow the whistle’ on sexual harassment at work. If a worker makes a whistleblowing disclosure about sexual harassment they may be protected from detriment (adverse treatment) and dismissal by their employer, as long as certain conditions are met.
New Fair Work Agency enforcement body
A new government agency called the Fair Work Agency will:
- Bring together enforcement of key workplace rights in one place.
- Work closely with Acas to provide better support and guidance to workers about their rights.
- Investigate employers who break the law.
- Issue penalties to employers who don’t comply.
- Enforce rights including the national minimum wage.
Trade unions will have representation on the Fair Work Agency Advisory Board, ensuring workers’ voices are heard in how the agency operates.
Easier union recognition
The process for statutory recognition of a trade union has been simplified:
- When applying for recognition to the Central Arbitration Committee (CAC), unions will no longer have to show that a majority of the bargaining unit is likely to support recognition. The requirement that ten per cent of the bargaining unit are members remains in place, although the government has committed to consult on lowering this later this year.
- A simple majority voting in support will secure recognition. The requirement that 40 per cent of workers in the bargaining unit must vote in favour to achieve recognition will be abolished.
What this means for you
The ERA will continue to transform the lives of all workers in years ahead.
Improvements to statutory sick pay will mean that up to 9.6 million workers will have improved rights if they are unwell. Trade unions will be given groundbreaking new rights enabling them to access workplaces and speak to workers who have never seen or heard from trade unions before.
And enforcement of core workplace rights will improve as the new Fair Work Agency is given new powers, a wider remit, and increased resources.
The changes are too significant and too wide reaching to reference in one blog. But the TUC will be developing its guidance to reflect the new changes as they happen.
More information
- Learn about the full range of new rights in our guide.
- Talk to your union rep about the new rights, think about how they might impact colleagues in your workplace and think about next steps.
- Keep an eye out for an extensive, new Trade Union Education offering.
- Share this with colleagues in your workplace.