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

Support for Mossmorran workers

£9 million to boost skills and job opportunities

Deputy First Minister Kate Forbes has set out that Scottish Government funding will be deployed to boost skills and employment opportunities for workers facing redundancy at ExxonMobil’s ethylene plant at Mossmorran.

Options being considered include apprenticeships, a college-led training programme and investing in new employment opportunities at the plant.

A taskforce led by Fife Council meets for the first time today in response to the planned closure. The Scottish Government will use the meeting to further understand the needs of the workforce and local community to inform its decisions regarding the deployment of the £9 million investment.

Deputy First Minister Kate Forbes said: “This is a worrying time for the workforce at Mossmorran and they rightly expect urgent action. I met worker representatives earlier this month to assure them that we are doing all we can to support them and the wider community.  

“We have allocated £9 million over three years in our draft Budget to help staff and communities affected by the plant’s closure. Today’s meeting is an opportunity to engage with the UK Government, Fife Council, unions and local partners to agree how we best support individuals impacted by ExxonMobil’s decision.

“In the meantime, our Partnership Action for Continuing Employment initiative is providing skills and employability support for workers.”