The Countdown to April: New Developments in Employment Law

If you employ people, the rules are about to change. We are now one month away from the Employment Rights Act 2025 taking effect, and for small business owners, this is the most significant overhaul of staff rights in years. It moves the goalposts on everything from how you handle the first day of a new hire to how you manage long-term sickness.
These updates aren’t just administrative; they carry heavy financial risks. With Statutory Sick Pay becoming a day-one right and the penalties for redundancy mistakes doubling, being unorganised is now a massive liability.
Statutory Sick Pay (SSP)
The removal of waiting days before sick pay kicks in is the most significant practical change for any small firm. Previously, the three day buffer acted as a natural deterrent against casual absences. While those absences may have caused issues with scheduling and finding cover, the financial impact was minimal. Now that Statutory Sick Pay is payable from day one, staff who regularly take a sick day, coincidentally after payday, bank holidays, or annual leave, will have a much larger immediate impact on your business bottom line. This affects not just your time as an employer, but your business finances.
So what does this mean for small businesses? You should be proactive and take note of absences. When do they happen? Are they always on a Friday, or do you find sick days being added on to annual leave? You should be aware that employees with chronic health issues may have patterns in their sickness, but by spotting these trends, you can address them before they become habits. A robust sickness policy is vital. Most importantly, do not let it just collect dust on a shelf. You should ensure it complies with current employment law, is active, and is something you actually stick to. Make sure your staff have read and understood it, and have signed to say so. If your policy includes trigger points for a formal review, you should ensure you are using them consistently with every member of staff. This keeps the process fair while protecting the business from the costs of frequent short term absence.
Paternity and Parental Leave
From 6 April, the 26 week qualifying period for paternity leave and the one year requirement for unpaid parental leave are being removed to make them day one rights. While employees no longer have to wait to be eligible, they still have a legal obligation to provide you with notice and evidence. For babies due between 5 April and 25 July 2026, the notice period for paternity leave is 28 days, while unpaid parental leave always requires exactly 21 days of notice. Without these rules being clearly enforced, a small team faces the risk of a staff member simply not showing up one morning, which creates an immediate gap in your workforce that you have not had time to fill.
Reviewing your staff handbook now to remove any mention of the old service requirements ensures your policies are actually legal and up to date. Your induction process should also clearly outline the paperwork and evidence, such as a MATB1 form, that you require to approve these leave requests. Being clear about these requirements from the first day someone starts encourages an open culture where staff feel they can tell you about their plans early without you overstepping personal boundaries. Getting this right means you get the correct notice, allowing you to plan your rotas and workloads properly rather than dealing with a sudden, unexpected absence.
Collective Redundancy
A Protective Award is a specific financial penalty that an Employment Tribunal orders a business to pay directly to its employees if the redundancy consultation process is not handled correctly. Currently, the maximum penalty is 90 days of gross pay per person, but from 6 April 2026, this doubles to 180 days of pay. This is not a one off fine to the government; it is a payment to every single affected member of staff, and it is calculated using their actual, uncapped gross salary rather than the statutory limits used for redundancy pay.
Consulting an HR expert should be a top priority even if you are in a situation where you are trying to reduce expenses. Not consulting someone might do the opposite and lead to a bill that could easily reach hundreds of thousands of pounds. There are plenty of options available to fit all budgets, ranging from one off advice to fully managed redundancies. To protect the business, you should treat the consultation process as a legal necessity from the moment redundancies are first proposed. Every meeting and conversation must be recorded to create a clear paper trail that proves you have followed the correct steps.
Whistleblowing
Reporting sexual harassment will be explicitly defined as a protected disclosure under whistleblowing rules. This change will provide staff with significant legal protection against any unfair treatment or detriment after they have made a report. While harassment is already illegal, this update means that an employee who speaks up is automatically protected from any negative consequences, such as being sidelined, denied shifts, or treated differently by management. If a business fails to protect the person who makes a report, they are held liable for a whistleblowing claim, which carries uncapped compensation.
Setting up a clear, written procedure tells staff exactly who to talk to if they have a concern. This is about making sure employees feel they can speak to you directly and trust that the situation will be handled fairly, rather than feeling their only option is to go to an outside agency. Ensuring anyone in a supervisory role knows how to handle a complaint professionally and understands the legal protections that will be in place for the whistleblower is also essential. Taking these reports seriously from the start allows you to resolve issues internally and demonstrates that you take your responsibilities as an employer seriously. By fostering an environment where staff feel safe to speak up, you can fix problems at the source and maintain a positive, professional workplace.
Gender Pay Gap and Menopause
While large firms with 250 or more staff must report their gender pay gap, from April 2026 they are also being encouraged to publish a formal Equality Action Plan. This plan must explain the specific steps the business is taking to close its pay gap and support employees experiencing the menopause. For a small business, publishing these formal, public plans remains voluntary. However, you are still legally bound by the Equality Act 2010. If an employee’s menopause symptoms are severe and meet the legal definition of a disability, you have a duty to make reasonable adjustments. If you trigger a disciplinary for poor performance or attendance without considering whether these symptoms are the cause, you risk a claim for disability or sex discrimination.
The best way to protect your business is to add a straightforward equality and menopause section to your handbook now. This should outline the practical support you can offer, such as flexible start times, changes to the office temperature, or allowing for more regular breaks. Having this in writing ensures that your management team handles requests consistently and does not accidentally ignore a medical issue that could lead to a tribunal. It is a simple way to bring your HR standards up to date and shows that you are a professional employer who handles these sensitive issues correctly, without the need for a complex public report.
Trade Union Recognition
The rules for trade unions are being simplified, and they no longer have to show majority support at the very start of a recognition application. This lowers the bar for unions to get involved in your workplace, which is a change many small business owners may not have navigated before. It is vital to remember that employees have a clear legal right to join a trade union and to seek recognition. Discouraging this or attempting to block union involvement can lead to significant legal trouble for the business, even if you feel your current management is already fair and follows the law.
The most effective approach for a small firm is to ensure that your staff feel their voices are heard directly by you through regular, honest dialogue. By maintaining open communication and taking visible action on the feedback you receive, you can address frustrations before they escalate. While a healthy relationship with your team may reduce the perceived need for external representation, you must remain supportive of their right to choose it. Staying close to your team and their needs is the best way to keep the business running smoothly and ensures you stay on the right side of the law.
Fair Work Agency
The Fair Work Agency launches on 7 April and has been granted the authority to enforce employment law across all sectors. They do not need a specific complaint from an employee to visit your premises; they have the power to inspect your National Minimum Wage records and holiday pay at any time. Every single employee must have an up to date written statement of terms, and your holiday pay calculations must include overtime where required. Being unorganised with your paperwork is now a major financial and legal liability.
Checking that every employee has a signed contract and that your holiday pay calculations are accurate before the April deadline is a priority. You should also ensure that all of your records are easily accessible and up to date in case an inspector does decide to visit. Making sure your paperwork is in order is not just about avoiding fines; it is about proving that your business is run professionally. Taking the time now to audit your files will save a lot of stress and potential expense later on.
Looking Ahead
April is about more than just updated contracts. Handbooks and daily management habits need to match the new laws. Staying alert and keeping communication open with your team allows you to manage these changes without them becoming a conflict. You can find the full details of the upcoming legislation here.
If you are worried about the impact of these changes on your business, we can help with everything from one off advice through to fully managed redundancies, with options to suit all budgets.
