Employment Rights Act 2025: HR Policies UK Employers Must Update Before April 2026

The Employment Rights Act 2025 represents one of the most significant shifts in UK employment law in recent years. While many changes focus on employee protections, the real impact for employers will be felt in the policies, procedures, and documentation that sit behind everyday people management.

April 2026 may sound a long way off, but for many organisations, the work needs to start now. HR policies that were compliant even a year ago may soon be outdated, incomplete, or legally risky if they are not reviewed and updated in line with the new rules.

This is not just about legal compliance.

Clear, up-to-date HR policies protect your business, support managers to act consistently, and give employees confidence that they are being treated fairly.

Why HR policy updates matter more than ever

HR policies are often seen as background documents, something you update occasionally and hope you never need to rely on. In reality, they are one of your strongest lines of defence when things go wrong.

From April 2026, more employees will gain rights earlier in their employment, more claims will be possible, and more scrutiny will be placed on how employers make decisions. Policies that are vague, inconsistent, or outdated will leave employers exposed.

The new act doesn’t just introduce new rights; it raises expectations around how employers document decisions, handle requests, and demonstrate fairness. HR policies need to reflect this shift.

Day-one rights: policies can no longer rely on length of service

One of the most immediate changes for HR policies is the removal of service requirements for certain types of leave. From April 2026, both paternity leave and unpaid parental leave will become day-one rights.

Many organisations still have policies that reference qualifying periods or minimum service thresholds. These will need to be reviewed carefully. Even small wording issues can cause confusion or delays when employees make requests, which in turn can lead to grievances or claims.

Policies relating to parental leave, family leave, and flexible working should clearly reflect that eligibility begins from the first day of employment.

Sickness absence and Statutory Sick Pay changes

Another major policy area affected by the Employment Rights Act 2025 is sickness absence.

The removal of the lower earnings limit and waiting period for Statutory Sick Pay means that more employees will qualify, and SSP will be payable from the first day of absence. This has cost implications, but it also places greater importance on having effective absence management policies.

HR policies will need to clearly explain

• Employee entitlement

• Reporting requirements

• And the process for managing short-term and long-term absence.

Employers will also need to ensure their policies support early intervention and fair decision-making, rather than relying on informal or inconsistent approaches.

With SSP bills likely to rise, well-designed sickness absence policies are no longer optional. They are a key tool for managing attendance while remaining compliant.

Whistleblowing and harassment protections

The Employment Rights Act extends whistleblowing protections to cover disclosures relating to sexual harassment. This means that employees who raise concerns about harassment, whether it has happened, is happening, or is likely to happen, will be protected from detriment.

Many whistleblowing policies do not currently reference sexual harassment explicitly. This will need to change. Employers should ensure their whistleblowing policies clearly define protected disclosures and explain how concerns can be raised safely and confidentially.

This links closely with changes to harassment law more broadly. Policies must show that employers are taking concerns seriously and providing clear routes for reporting, investigation, and support.

preparing for stronger enforcement

The creation of the Fair Work Agency brings together enforcement powers that were previously spread across multiple bodies.

While this may simplify enforcement from a regulatory perspective, it also increases the likelihood of scrutiny for employers.

HR policies should be written with enforcement in mind. This means being clear, compliant, and capable of passing an external review. Informal practices that sit outside documented policy will become harder to defend.

Getting HR policies ready for 2026

The key takeaway for employers is that HR policies can no longer be treated as static documents. They must evolve alongside the law.

Reviewing policies now gives employers time to:

• Identify gaps or outdated wording

• Align policies with actual practice

• Train managers on what has changed

• Communicate updates clearly to employees

Leaving this too late increases the risk of rushed changes, confusion, and mistakes.

How Swan HR can help

Swan HR supports UK employers to review, update, and implement HR policies that are clear, compliant, and practical. If you want confidence that your HR policies are ready for the Employment Rights Act 2025, and that your managers know how to use them properly.

We can help you prepare well ahead of April 2026, get in touch today to find out how.