Written by Kirsten McKenzie at Hunter Adams. This information is correct as of February 2026.
The Employment Rights Act 2025 marks the most significant overhaul of UK employment legislation in decades. At the heart of these changes is a bold shift towards family-friendly employment rights. This means that HR teams need to start preparing now.
Following a series of consultations and draft proposals dating back to April 2024, the Employment Rights Bill progressed through Parliament and the House of Lords, receiving Royal Assent in late 2025 and setting a new legal standard for UK employers.
For HR leaders, founders and standalone HR professionals, these updates aren’t just legal boxes to tick. They represent a cultural shift in how we support working parents, carers, and employees navigating life’s biggest moments, from pregnancy and parenting to loss and bereavement.
This guide walks you through the changes, what they mean in practice, and how your business can prepare with confidence and care.
The Fair Work Agency will also have powers to investigate mistreatment of vulnerable groups, such as agency workers and those on zero-hours contracts.
What are the new family-friendly rights under the Employment Rights Act 2025?
The Employment Rights Act 2025 will begin implementation of the family-friendly reforms in phases from April 2026. It introduces a suite of day-one employment rights, most notably regarding paternity and parental leave. Changes to bereavement leave and stricter guidelines on flexible working and maternity protections will be introduced in 2027.
Note: While the Employment Rights Act applies across Great Britain, employers in Northern Ireland should check for regional variations in implementation and enforcement timelines.
Here are the headline changes every employer should be ready for:
1. Day-One Rights for Leave
One of the biggest shifts is that paternity leave and unpaid parental leave will now be available from day one of employment, removing the previous 26-week service requirement for paternity leave and 1 year’s service for parental leave.
What this means:
- Employees no longer need to ‘qualify’ through length of service before taking either form of leave.
- The right applies immediately from their first day in the job.
- It’s a legal shift, but also a cultural cue for organisations to build inclusive, supportive onboarding processes.
- For anyone who will gain the right to parental or paternity leave on or after 6 April 2026, but who does not yet have the necessary length of service to qualify, they will be able to give notice from 18 February 2026. This reduces the current notice period to allow employees access to new entitlements as soon as possible.
Questions we’re hearing:
- Is paternity leave a day-one right now? Yes, as of April 2026, under the new act, it will be.
- Is maternity leave a day-one right? Yes, it already was. But the new act plans to strengthen associated protections.
2. Enhanced Paternity Leave Flexibility
Another welcome change removes the rule that previously prevented employees from taking paternity leave or receiving statutory paternity pay after a period of shared parental leave.
Statutory paternity leave will now be available from day one of employment, aligning with other new family-friendly provisions.
This will apply to babies born on or after 6 April 2026, or whose expected week of birth is on or after that date, even if they are born early. In adoption cases, the changes only apply to placements starting on or after 6 April 2026 (unless the mother/adopter dies on or after that date).
Statutory paternity pay will not become a day-one right. Eligibility for statutory paternity pay is still subject to minimum average weekly earnings thresholds, so payroll compliance remains key.
Why this matters:
- This gives families more flexibility in planning leave that works for them.
- It encourages more shared responsibility and recognises different family structures.
- For HR, this may mean reviewing internal processes to ensure employees understand their entitlements and how to apply.
3. Expanded Bereavement Leave – Including Pregnancy Loss
The Employment Rights Act introduces a more inclusive and compassionate framework for bereavement leave, coming into effect in 2027. Key changes include:
- A new statutory right to time off for employees who experience pregnancy loss before 24 weeks, recognising the emotional impact of early miscarriage, which previously lacked formal protection.
- An expanded bereavement leave entitlement beyond the loss of a child, allowing time off for the death of close family members or dependants, with clearer employer obligations around compassionate support.
Why this change matters:
- It reflects the emotional complexity of pregnancy loss and bereavement in general.
- It sets an expectation for a compassionate culture, not just minimum compliance.
This builds on earlier legislation around parental bereavement leave, extending the right to cover more types of loss, including early pregnancy.
Key questions:
- What is bereavement leave? It’s time off work following the death of a loved one. The new act widens this right beyond the loss of a child.
- Is this leave paid? Statutory pay may not apply in all cases. Many employers are choosing to go beyond the minimum. This is something worth addressing in your policies before the changes come into effect in 2027.
4. Flexible Working Becomes the Default, With Accountability
Flexible working has been a hot topic since the pandemic. As with now, under the Employment Rights Act 2025:
- Employees have the right to request flexible working from day one of employment.
- The process must be handled fairly, transparently and promptly.
The key change under the Act will be that, should employers reject any application, they will be required to give the reason in writing, including why they consider it reasonable.
Key takeaways:
Flexible working is a legal right from the start of employment, not just a benefit. All employees now have the legal right to request flexible working from day one, and employers must respond clearly and reasonably.
- Employers will need clear, defensible processes to handle requests.
- Manager training is vital, especially in balancing team needs, business goals, and individual flexible requests.
A broader range of flexible working arrangements, including hybrid schedules, compressed hours, and part-time roles, must now be considered fairly and promptly, and a full rationale must be submitted as to why it is reasonable for the employer to refuse any part of the application.
Key Questions:
- Is flexible working a day-one right under the ERA 2025? Yes, and refusals must be clearly justified in writing as to the reasons why and how this is considered to be reasonable.
5. Stronger Protections for Pregnant Workers and New Mothers
The Act also strengthens protection from dismissal and discrimination for pregnant employees and those returning from maternity leave.
This includes enhanced protections that make it unlawful to dismiss pregnant women or new mothers (those who have given birth in the last 18 months), except in specific circumstances.
Consultation regarding this reform closed on 15th January 2026, and the output of which will inform the details of secondary legislation which is planned to take effect in 2027.
Key points:
- Employers will be required to adhere to a stricter standard when relying on an existing fair reason to dismiss a pregnant employee or new mother, with potential removal or narrowing of scope to existing fair reasons.
- Extended protection periods during redundancy processes.
- Employers must ensure that policies and practices protect against unfair dismissal during and after maternity leave.
- This is an area where tribunal risk is increasing, and poor handling can cause reputational damage and legal exposure.
- You should also review your health and safety risks for pregnant employees, especially in roles that involve physical work or night shifts.
Internal training and policy updates are essential to maintain compliance and fairness.
How These Changes Shift the Legal and Cultural Landscape
These reforms reflect a bigger shift in UK employment law – one that recognises the realities of modern working life. And with the Fair Work Agency launching in 2026 to enforce these changes, organisations will be under greater scrutiny than ever before.
For HR teams and business leaders, this means:
- Proactive preparation is essential; these aren’t changes you can ‘react to’ after April 2026 and beyond.
- Policy, process, and manager readiness are all equally important.
This isn’t just a legal update; it’s a culture change moment.
How to Prepare: Your Action Plan
At Hunter Adams, we’re working with clients across the UK to ensure they’re not just compliant but confident in navigating this new chapter.
Here’s where to focus your efforts now:
1. Update Policies and Contracts
It’s essential to review and update your employment contracts, ensuring they reflect the latest legal rights from day one.
Ensure your policies reflect the necessary changes in advance of the go-live dates:
- Day-one leave entitlements
- Clear procedures for flexible working requests
- Expanded bereavement rights
- Strengthened maternity protections
Our HR Outsourcing and Employee Relations Services teams can support this directly.
2. Train Your People Managers
Legal rights are only half the story. It’s how managers handle them that matters.
We offer targeted learning and development programmes covering:
- Absence management
- Parental leave conversations
- Flexible working discussions
- Compassionate response to bereavement
Line managers are often the first point of contact for flexible working requests and family leave conversations, so getting them trained and confident is critical.
3. Audit Your Culture and Wellbeing Approach
Use this as a catalyst to re-examine your approach to inclusion and support. Flexible leave policies and better support during life events have a direct impact on mental health, wellbeing, and trust in leadership.
Our Employee Wellbeing Services can help you:
- Improve manager empathy and EQ
- Implement wellbeing policies that reflect real life
- Build trust and retention through how you support people
These reforms also offer an opportunity to improve employee engagement by demonstrating your commitment to supporting staff at every life stage.
Leading with compassion, clarity, and commercial confidence
The Employment Rights Act 2025 is an opportunity to lead with compassion, clarity, and commercial confidence, as well as to consider compliance.
By taking action now, your business can:
- Reduce legal risk
- Strengthen culture
- Attract and retain the right talent
And with Hunter Adams by your side, you don’t have to navigate these changes alone.
Need help getting ready for day-one rights and the full family-friendly reform package?
Let’s have a chat. We’ll take the hassle off your plate.
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