Employment Law +
Market-leading training, knowledge, and news at your fingertips.
Parliament and government advance first phase of ERA
Parliament has now approved secondary legislation to begin implementing the ERA. These implementation measures mainly affect trade union reforms scheduled for 18 February and family friendly ‘day one’ rights scheduled for 6 April:
18 February 2026:
• Transitional provisions support the reforms that simplify industrial action processes. For example, certain changes will not apply to ballots open before 18 February;
• Measures will extend unfair dismissal protection for the full duration of industrial action instead of ending 12 weeks after the worker starts taking action;
• Unions will automatically enrol employees into contributing to the union’s political fund; and
• Measures repeal public sector check off restrictions.
(The government originally planned to introduce detriment protection for participation in industrial action (in addition to dismissal protection) in October 2026. While the secondary legislation brings most of the framework for this new right into force on 18 February, further regulations are needed to make the right fully effective, so the original October 2026 date seems more likely.)
The government issued guidance for employers on the trade union reforms taking effect on 18 February. It has also laid before Parliament a revised draft picketing code of practice and a revised draft industrial action ballots and notice to employers code of practice.
6 April 2026:
• Measures will introduce ‘day one’ rights to paternity leave. These rights will apply to employed parents of babies with an EWC on or after 5 April 2026, babies born on or after 6 April 2026, and children placed for adoption on or after 6 April 2026;
• Measures will introduce ‘day one’ rights to parental leave from 6 April;
• Transitional provisions on notice periods allow newly eligible employees to give notice of their intention to take leave from 18 February. To support this, the government has temporarily reduced the notice period for paternity leave to 28 days so that eligible parents can take leave from 6 April 2026. The 21-day notice requirement for parental leave remains unchanged; and
• Measures will remove the restriction that previously prevented employees from taking paternity leave and pay after taking shared parental leave and pay.
The remaining implementing regulations bring into force various regulation making powers under the ERA across multiple topics, but these powers do not yet create any practical impact for employers.
Employers can follow developments as they emerge via our new hub: Implementing the Employment Rights Act. The government has also issued revised factsheets summarising all ERA changes.
Government announces new bereaved partner paternity leave
From April 2026, the government will extend rights to time off for fathers and partners who lose their partner before their child’s first birthday. It will introduce a new ‘bereaved partner’s paternity leave’, which will provide up to 52 weeks of leave and build on the December 2025 introduction of a ‘day one’ right to two weeks’ paternity leave where a mother dies from 29 December 2025. We await the draft legislation.
Government drops plans for mandatory digital ID to prove right to work
The government confirmed that it will move forward with the previously announced digital ID scheme on a voluntary basis only. As a result, individuals will not need to hold a digital ID to evidence their right to work. Despite this shift, the government continues to move away from physical document checks. It remains committed to requiring all employers to carry out right to work checks digitally by 2029. For most migrant workers, employers already follow this approach by using the Home Office’s online checking service. In contrast, employers can still carry out manual checks for British and Irish nationals unless they choose to use an Identity Service Provider to complete digital verification (a fee paying service). The government’s wider intention to expand digital checks indicates that employers may face additional compliance costs in the future unless it introduces a free service comparable to the Home Office tool for migrant workers.
The Home Office also publicised this week that illegal working arrests and raids have reached the highest level in British history after its Immigration Enforcement teams significantly increased their activity. Latest figures show that enforcement teams have carried out 77% more raids across the UK since the government came into power, which in turn has driven an 83% rise in arrests.
This page is updated weekly with News and Views from that week’s employment weekly briefing email. For previous articles, please contact us: Employment Law Plus.
Useful links:
Employment law horizon watching | Upcoming employment law changes