The Employment Rights Bill received royal assent on 18 December 2025, updating Employment Law Rights in England and Wales from the existing legislation, including the Employment Rights Act 1996.
The changes have been viewed as an improvement to employee’s rights in England and Wales, and have been described by some, including the Government, as ‘bringing the world of work into the 21st century’.
Whilst the majority of the changes won’t come into force immediately, we can expect the changes and amendments to take effect in 2026 and 2027.
In this article, Grace Murray will explore the forthcoming changes to sick pay, flexible working, and bereavement entitlement. These updates are especially relevant for employees who have experienced a serious injury or illness.
Sick pay
Current position
At present you may be entitled to £118.75 per week of Statutory Sick Pay (“SSP”) if you are unable to work due to being unwell. SSP is paid by your employer for up to 28 weeks.
To be eligible for SSP you must:
- Be an ‘employee’ working under an employment contract and have done some work for your employer (agency workers are also entitled to SSP)
- Earn an average of at least £125 per week
- Have been unwell for over 3 consecutive days which includes non-working days
Employers are responsible for paying employees sick pay in the same way they pay an employee’s wages, for example, weekly or monthly.
If you are off sick for more than 7 consecutive days you must give your employer a fit note which is also sometimes referred to as a sick note. The note can be obtained from anyone on your hospital treating team such as your GP or hospital doctor, a registered nurse, occupational therapist and physiotherapist.
Changes expected in April 2026
Under the new legislation, you will not need to earn a minimum amount to be eligible for SSP and you will be eligible for SSP from the first day you are unwell, therefore abolishing the current requirement of being ill for more than 3 consecutive days before you can expect to be paid SSP.
Flexible working
Current position
Currently, from the first day of employment, employees have the right to request flexible working arrangements, which may include changes to their working hours, the days they work or their work location.
Employers must consider such requests in a ‘reasonable manner’, and may only refuse them if there is a valid business reason.
Changes expected in 2027
We expect to see an amendment to the flexible working law which requires any employer rejecting a flexible working request for a genuine business reason to:
- state the reasons for their refusal; and
- explain why they consider their refusal is reasonable.
Returning to work with a disability
If you have sustained a serious injury that may prevent you from returning to your previous role or working in the same capacity, it is important to note that your employer cannot discriminate against you due to your disability.
The new Employment Rights Act 2025 does not alter this position and employers still have a duty to provide reasonable adjustments to an employee.
Bereavement leave
Anyone who is an employee is currently entitled to bereavement leave if their child dies before 18 years old, or if their child is stillborn after 24 weeks.
From 2027, more employees can expect to be entitled to statutory bereavement leave, including provision for pregnancy loss that occurs before 24 weeks.
It has not yet been confirmed whether this new entitlement will be paid or unpaid leave.
Summary
The new Employment Rights Act 2025 marks a positive step forward in strengthening employees’ rights at work, from granting entitlement to SSP from the first day of illness to ensuring that requests for flexible working are taken seriously.
Grace Murray is a paralegal in the Pro Bono team at Stewarts.
You can find further information regarding our expertise, experience and team on our Personal Injury and page.
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