With April payrolls closing in, ministers have confirmed the next wave of the Employment Rights Act 2025. Key measures take effect on 1 April, 6 April and 7 April 2026, shaping how employers handle NDAs, union recognition, leave records and state enforcement. The underlying statute is on legislation.gov.uk, with legal and government updates pointing to April as the first major rollout window. (legislation.gov.uk)

From 6 April, complaints about sexual harassment will be expressly protected as whistleblowing disclosures. That removes grey areas about whether a report qualifies and means individuals are shielded from dismissal or detriment if they raise concerns. In parallel, clauses that purport to gag allegations about harassment or discrimination-including how an employer handled them-will not be enforceable. HR should assume settlement agreements and contracts need updated wording. (employmentsolicitor.com)

Our take for SMEs: refresh template NDAs and settlement agreements before onboarding or exits in April. Make sure managers understand that confidentiality provisions cannot prevent workers discussing alleged harassment or discriminatory treatment, or the employer’s response to it. The legal direction here is clear and now explicit in statute-backed guidance. (thackraywilliams.com)

Two further changes land on 6 April that alter dismissal risk management. First, new protection around dismissal following periods of statutory family leave tightens what is fair. Second, the government is switching on powers to regulate dismissals linked to refusing contractual changes-so‑called ‘fire and rehire’. While detailed regulations are still being finalised, ministers and advisers are already signalling how they expect consultation and documentation to look. Treat any restructure with heightened care and keep contemporaneous evidence. (womblebonddickinson.com)

Collective redundancy sanctions step up too. The protected period used to calculate a tribunal ‘protective award’ is being extended-law firms expect the ceiling to double to 180 days’ pay per affected worker. Plan consultations and timelines conservatively; the change applies prospectively to dismissals taking effect on or after 6 April. (hilldickinson.com)

Large employers will also need to prepare for equality action plans. The Act creates a duty-expected to apply to 250+ headcount-to publish plans annually on prescribed gender‑equality matters. The enabling power starts in April, with implementing regulations and guidance to set the format. Finance and HR should align on data readiness and governance. (littler.co.uk)

Record‑keeping moves from ‘good practice’ to legal obligation. A new duty to keep records relating to annual leave starts on 6 April. Expect to retain usable data showing entitlement, accrual, carry‑over, requests, approval and calculation methodology for holiday pay. For a 120‑person manufacturer in Coventry, that likely means tightening timesheets, self‑service portals and payroll audit trails before year‑end. (publications.parliament.uk)

Union recognition rules shift in ways that matter on the shopfloor. From 6 April, when the Central Arbitration Committee orders a ballot on union recognition, a union will only need a simple majority of votes cast-no longer at least 40% of everyone in the bargaining unit. In parallel, unions won’t have to prove at the point of application that a majority would be likely to favour recognition. Employers should expect more applications to clear the gate. (hansard.parliament.uk)

Further, ministers have the power to alter the minimum membership threshold for applications-between 2% and 10%-via regulations. Transitional carve‑outs will keep older cases on the previous rules, but for new applications lodged from 6 April the simpler tests will apply. If you have fast hiring or seasonal peaks, model recognition risk and freeze non‑critical org‑chart changes during a live CAC process. (hilldickinson.com)

Enforcement hardens from 7 April. Part 5 of the Act activates a state enforcement regime led by the Secretary of State, with powers to demand documents, enter premises under warrant, issue underpayment notices, levy financial penalties, and seek labour market enforcement undertakings and court orders. Obstruction and providing false information are criminal offences, and corporate bodies can be prosecuted. Holiday pay, SSP and other rights that rarely saw proactive enforcement will now be in scope. (legislation.gov.uk)

What this means in practice: if payroll underpays holiday pay in a recurring pattern, you could receive a notice of underpayment, a penalty, and-if non‑compliance persists-be pushed into an ‘LME undertaking’ or face a court order. Keep a defensible paper trail for calculations and respond quickly to information requests. This is a material risk shift for HR, finance and boards. (lewissilkin.com)

Sector watch: the Act also enables a Social Care Negotiating Body, setting the framework for sector‑level talks on pay and conditions, with further regulations to come. For providers, expect additional record‑keeping and compliance expectations once agreements are ratified. (littler.co.uk)

A smaller but notable change arrives first: on 1 April the government removes the power to impose a levy on trade unions and employers’ associations to fund the Certification Officer, reversing a 2022 policy. Budget and compliance teams in membership bodies should note the funding model reverts to central government. (legislation.gov.uk)

Actions for the next fortnight: update NDAs and settlement templates; brief managers on harassment reporting; tighten holiday records; rehearse your redundancy consultation timeline; map potential bargaining units and ready a playbook for CAC applications; and document pay and hours data so you can evidence compliance if enforcement comes calling. The April dates are now locked; boards should treat this as a hard compliance deadline. (womblebonddickinson.com)