The ERA 2025 Compliance Checklist for UK Employers
The Employment Rights Act 2025 is the biggest change to UK employment law in a generation, and it affects around 5.5 million employers. This checklist breaks every change down by phase, in plain English, with the concrete action you need to take. Work it top to bottom and you will know exactly where you stand.
How to use this checklist
Each phase below lists a change, what it actually means, and the one thing you must do about it. Start with April 2026: those four changes are already in force, so any gaps there are live risk today. Then work forward through Autumn 2026 and 2027 so nothing lands on you by surprise. Each item links to a deeper guide if you want the detail.
Phase 1: April 2026 (already in force)
These four changes are live. If your policies, contracts and payroll have not been updated, you are already exposed. Start here.
Statutory Sick Pay from day one
The three-day waiting period is gone. SSP is payable from the first day of sickness absence, and the lower earnings limit no longer blocks lower-paid staff from qualifying.
What you must do
Update your sickness absence policy and tell payroll to pay SSP from day one. Remove any reference to a three-day waiting period in contracts and the handbook.
Day-one family leave rights
Paternity, parental and adoption leave are now day-one rights. Staff no longer need a qualifying length of service before they can take them.
What you must do
Remove service qualifying periods from your family leave policies. Train line managers so they do not wrongly refuse a request from a new starter.
Collective redundancy protective award doubled
The maximum protective award for failing to consult collectively has doubled from 90 days' pay to 180 days' pay per affected employee.
What you must do
If you are planning 20 or more redundancies at one establishment, build full collective consultation into your timeline. Getting the process wrong now costs twice as much.
Sexual harassment as a whistleblowing disclosure
Reporting sexual harassment now counts as a qualifying whistleblowing disclosure. Anyone who raises it is protected from detriment and dismissal for doing so.
What you must do
Update your whistleblowing and anti-harassment policies to make this explicit. Make sure managers know a harassment complaint is protected and cannot trigger any reprisal.
Phase 2: Autumn 2026 (prepare now)
These changes land later in 2026. They take real preparation, so the work starts now, not when they go live.
Right to guaranteed hours for zero-hours workers
Workers on zero-hours and low-hours contracts gain a right to be offered guaranteed hours that reflect the hours they actually work over a reference period.
What you must do
Audit how you use zero-hours and casual contracts. Track the hours each worker actually does so you can offer guaranteed hours that match reality.
Flexible working as a strengthened default
Flexible working becomes a stronger default. You can only refuse a request where it is reasonable to do so, and you have to explain why in writing.
What you must do
Review your flexible working policy and decision process. Make sure every refusal is backed by one of the permitted business reasons and a written explanation.
Fire and rehire restrictions
Dismissing staff and re-engaging them on worse terms is heavily restricted. In most cases it will be automatically unfair.
What you must do
If you ever need to change terms, plan to do it through genuine consultation and agreement. Treat dismiss-and-rehire as a last resort that now carries serious legal risk.
Phase 3: 2027 (the big one)
The largest single change arrives in 2027. It removes the safety net most small employers have leaned on for years, so the foundations you lay now matter.
Day-one unfair dismissal rights
The two-year qualifying period for unfair dismissal is removed. Employees can bring an unfair dismissal claim from their first day of work.
What you must do
Tighten your hiring, probation and dismissal processes now. Document performance and conduct from day one, and follow a fair procedure for every exit.
Fair Work Agency enforcement powers
A new Fair Work Agency gains powers to enforce employment rights directly, including inspecting employers and pursuing breaches.
What you must do
Get your records, contracts and pay practices in order. Assume an external body can ask to see them, and that gaps will be acted on rather than ignored.
Want to know if your contracts are ERA-ready?
The checklist tells you what to do. An EmployerKit Audit checks whether you have actually done it. We review your contracts and policies against current law, flag the gaps, and draft replacement clauses. From £49.
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Frequently asked questions
The Employment Rights Act 2025 (ERA 2025) is the biggest change to UK employment law in a generation. It affects around 5.5 million UK employers and is rolled out in phases from April 2026 through to 2027. This checklist breaks every change down by phase, with the concrete action each one means for you as an employer.
Four changes went live in April 2026: Statutory Sick Pay from day one, day-one paternity, parental and adoption leave, a doubled collective redundancy protective award (from 90 to 180 days), and sexual harassment counting as a qualifying whistleblowing disclosure. If your policies and payroll have not been updated for these, you are already exposed.
Day-one unfair dismissal rights are due in 2027. This removes the current two-year qualifying period, so employees will be able to bring an unfair dismissal claim from their first day. It is the single biggest change in the Act, which is why tightening your hiring, probation and dismissal processes now matters.
Yes. The Employment Rights Act 2025 applies to employers of all sizes. There is no general small-business exemption. SME owners, office managers and HR managers carry the same obligations as large companies, which is exactly who this checklist is written for.
A note on what this is
This checklist is general guidance to help UK employers prepare for the Employment Rights Act 2025. It is not legal advice and does not cover every detail of your situation. Implementation dates can shift as regulations are finalised. For advice on a specific issue, speak to an employment solicitor or the Acas helpline on 0300 123 1100. EmployerKit is not a law firm.