Business

Preparing For The First Phase Of The Employment Rights Act

Issue 121

By Michael Dobson, Director of Sapphire HR

What actions businesses must take before April.

April will mark a significant turning point for UK employers as the first confirmed phase of the Government’s Employment Rights Act comes into effect.

While there has been widespread discussion about future possibilities, the immediate priority for businesses is understanding what is changing and taking practical steps now. Waiting until implementation could leave organisations exposed and underprepared.

One of the most immediate changes relates to Statutory Sick Pay (SSP). The removal of traditional waiting days means employees will be eligible for SSP from the first day of sickness absence. Eligibility is also being broadened so lower-paid workers who previously fell below the earnings threshold will now qualify.

This will require payroll systems and absence management policies to be reviewed to ensure compliance and consistency. Organisations relying on informal reporting or outdated procedures will otherwise face unnecessary cost and employee relations challenges.

As an employer, before April, you should:

1. Speak with your payroll provider to confirm SSP calculations are updated and tested.

2. Review employment contracts for any ‘waiting day’ clauses that will no longer be lawful.

3. Update absence management policies and internal guidance documents.

Family-related leave rights are also shifting, with certain types of leave, including paternity and unpaid parental leave, becoming day-one rights. Eligible employees will be able to request these from the start of employment.

While the administrative changes are modest, consistent managerial understanding is essential to avoid grievances or inconsistent decision-making.

Before April, employers must:

1. Amend paternity, parental and shared parental leave policies to remove qualifying service periods.

2. Ensure HR handbooks and onboarding materials reflect day-one rights.

3. Provide short refresher training or guidance to line managers so leave is applied in line with the updated legal requirements.

Enforcement and accountability measures are also strengthening. Increased protective awards in collective redundancy situations raise the financial risk of failing to follow correct consultation processes.

At the same time, enhanced protections for individuals raising serious workplace concerns, including harassment, heighten the need for clear reporting channels and well-documented investigations.

Actions employers should take include:

1. Update whistleblowing policies to explicitly include sexual harassment as a qualifying disclosure.

2. Check that investigation and grievance procedures are documented and accessible.

3. Brief senior managers on the increased legal risks of retaliation or procedural shortcuts.

For employers, the priority is turning these legal changes into workable internal practice. Reviewing policies, confirming payroll capability, refreshing reporting procedures and preparing managers now will significantly reduce last-minute risk. Creating a short internal compliance checklist can help ensure nothing is missed.

April should not come as a surprise to any organisation. The timelines are clear and the actions required are largely preventative. Employers who review their processes in advance will be in a far stronger position than those who wait until the changes are already in force.

If you would like support in preparing your policies and procedures, now is the time to seek advice rather than after the legislation is in place. Please get in touch with us today.

www.sapphire-hr.co.uk

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