When founders are asked what truly keeps them awake at night, the answer is rarely “legal change”. More often, it is people: finding and retaining the right talent, managing absence, addressing conflict before it escalates, maintaining morale, and building a culture that customers can sense from their very first interaction with the business.
This is precisely why employment law deserves a place at the top of your 2026 priority list. Your employees are the heartbeat of your company. When employment practices are consistent, fair and well-managed, the business operates more smoothly. When they are not, even relatively minor issues can quickly become costly and disruptive.
The Employment Rights Act 2025, which received Royal Assent on 18 December 2025, introduces a substantial programme of reform. Importantly, these changes are not being implemented overnight. They will be phased in over approximately two years, with much of the practical impact taking effect during 2026 and 2027.
So, let's go through what is changing in 2026, what it means, and what we are focusing on with SME clients so that you can stay compliant without losing sight of building a resilient business with a supported, motivated team.
In 2026, it is easiest to think of employment changes as arriving in three waves: February, April and October.
From February 2026, dismissal for taking part in industrial action becomes automatically unfair, removing the current 12-week limit on claiming unfair dismissal in these circumstances.
From February 2026, a number of provisions introduced by the Trade Union Act 2016 will be repealed, alongside several key changes to the law on industrial action.
In summary, the reforms will:
These changes represent a notable shift in the legal framework surrounding trade unions and industrial action, and employers should ensure they understand the practical implications.
April is when many SMEs will start to feel the practical impact. A number of significant employment law reforms will then come into force. Many of these changes expand employee rights and increase employer obligations, making advance planning essential. From April 2026:
SSP will become payable from the first day of illness, rather than the fourth day.
Paternity leave will become a day-one right, replacing the current requirement for 26 weeks’ service.
Ordinary unpaid parental leave will become a day-one right.
The maximum protective award for failure to consult will double from 90 days’ pay to 180 days’ pay.
Sexual harassment will become a qualifying disclosure for whistleblowing, giving individuals stronger legal protection when raising concerns.
A new Fair Work Agency will be established, bringing together enforcement bodies and taking responsibility for enforcing key rights, including SSP and holiday pay.
Employers will be encouraged to introduce gender pay gap and menopause action plans on a voluntary basis initially. These measures are expected to become mandatory in 2027, making 2026 a key year for developing practical, effective approaches.
What this means for SMEs
April marks the point at which people policies move from being theoretical documents to operational tools. Absence management, leave planning, and the way workplace concerns are handled will matter more than ever, and will be subject to closer scrutiny.
Policies should reflect how managers operate in practice, enabling issues to be addressed promptly and consistently as they arise. The forthcoming changes mean employers will need to review existing policies and ensure managers fully understand the expanded eligibility for rights from the very start of employment.
In the context of collective redundancy, the stakes are particularly high. The increase in the maximum protective award significantly raises the financial risk for employers who fail to follow the correct consultation process, reinforcing the importance of robust procedures and early legal input.
Further significant reforms will take effect in October 2026, many of which strengthen employee protections and place additional obligations on employers. While these changes are some way off, early awareness and planning will be important. Key changes include:
“Dismissal and rehire” (often referred to as fire and rehire) will become automatically unfair in most cases.
Employers will become liable for harassment by third parties, such as customers or clients, unless they have taken all reasonable steps to prevent it.
The legal duty to prevent sexual harassment will rise from taking “reasonable steps” to taking “all reasonable steps”.
The time limit for bringing most employment tribunal claims will extend to six months, up from the current three-month limit.
Businesses will be required to consult with workers or their representatives before introducing a tipping policy. These policies should be reviewed and updated at least every three years.
Employers will have a new duty to inform workers of their right to join a trade union.
Workers taking part in industrial action will be protected not only from unfair dismissal, but also from detriment, meaning they must not be treated less favourably for participating.
New measures will apply to public sector outsourcing to prevent disparities in terms and conditions between former public sector employees and private sector workers working alongside them. These changes aim to address “two-tier” workforces.
What this means for SMEs
October is the time when it pays to be ahead of the curve, particularly for businesses in retail, hospitality, leisure, healthcare, professional services, or any other customer-facing sector where third-party behaviour can quickly become an issue.
In addition, further changes to the law on non-disclosure agreements (NDAs) are expected. While NDAs are already limited in their ability to prevent disclosures of wrongdoing, proposed reforms would go further by rendering unenforceable any clauses that seek to prevent workers from alleging or disclosing work-related harassment or discrimination, including how such issues were handled by the employer. These changes are not yet in force, and the implementation date has not been confirmed.
Our approach at Lawyerlink is built around clarity, practicality and the protection of workplace culture. With these changes, we are prioritising these 5 actions:
SSP from day one and expanded eligibility can increase cost exposure in high-absence environments. More commonly, however, the real risk is inconsistency: different managers taking different approaches, conversations not being recorded, and return-to-work processes being informal.
What we are doing with clients
We are working with clients to review and update absence and sickness policies, including fit note management and return-to-work processes. We are also refining manager guidance to promote consistency, with clear direction on appropriate conversations, escalation points, and robust decision-making records. In parallel, we are supporting clients in reviewing and preparing their payroll and HR systems so they are ready to implement the forthcoming changes to Statutory Sick Pay from April.
Day-one paternity and parental leave rights are positive for families and retention. For small teams, however, planning is also required.
What we are doing with clients
To support clients in preparing for these changes, we are updating contracts and handbooks to reflect revised eligibility and notice requirements, helping managers plan and manage requests in a fair and predictable way, and introducing simple internal templates to ensure requests are handled consistently across the business.
From April 2026, whistleblowing legislation will explicitly include disclosures relating to sexual harassment. This change heightens the importance of calm, consistent and well-documented handling of concerns from the outset.
How we are assisting clients
To support clients in preparing for this change, we are implementing clear, straightforward reporting routes, including confidential options, providing managers with practical guidance on how to respond appropriately without creating retaliation risk, and ensuring that investigation processes are proportionate, fair and legally defensible.
From October 2026, employers may be liable for third-party harassment, unless they can show they took all reasonable steps to prevent it. We are helping our clients understand what reasonable steps look like in practice:
If tribunal time limits extend to six months, more disputes are likely to remain live for longer.
We would strongly urge you to have the basics in place: a clear and consistent paper trail for performance discussions, absence management, grievances and disciplinary outcomes. Getting the basics right reduces risk, supports fair decision-making and puts you in a far stronger position if issues escalate.
If you do nothing else in the first quarter, do these five things:
Update sickness absence processes ahead of April (policy and manager guidance).
Refresh family leave policies to reflect day-one rights.
Put in place a clear reporting route and a basic investigation playbook.
Identify any roles where terms may need to change in late 2026 or early 2027 and plan carefully in light of October’s dismissal and rehire reforms.
Brief leadership teams on the February industrial action changes and the shift to a 10-day notice period.