Government publishes enabling regulation ahead of April changes

The Employment Rights Act 2025 (Commencement No.2 and Transitional and Saving Provisions) (Amendment) Regulation 2026, confirm a number of key commencement dates for the key employment law reform taking effect in April 2026.

These changes form part of the Government’s broader agenda to strengthen worker protections and enhance enforcement mechanisms.

From 6 April 2026

• The maximum protective award for failure to comply with collective redundancy consultation requirement will increase to 180 days’ gross pay per affected employee (up from 90 days)
• Sexual harassment will now explicitly fall within the scope of ‘protected disclosure’ under whistle blowing
• New provision aimed at simplifying statutory Trade Union recognition processes will take effect.
• Employers will be required to keep records of employee’s annual leave for six years. Notably, there had been no prior indication that this obligation would commence in April.

From 7 April 2026

• The new Fair Work Agency will be formally established as a central enforcement body. The Regulations highlight its broad enforcement powers, which are expected to include oversight of minimum wage compliance, Statutory Sick Pay enforcement and other workplace updates.

These changes underline the Government’s continued focus on strengthening worker protections and increasing employer accountability, making it essential for organisations to review and update their practices ahead of implementation.

Employers should review their redundancy procedures, whistleblowing policies and record-keeping systems, ensure managers are appropriately trained on the new requirements, and take steps now to prepare for increased regulatory scrutiny and enforcement.

Morgan Francis, Trainee Solicitor: mfr@bto.co.uk / 0131 222 2939