Employment Rights Act 2025: a simple micro‑business guide

What you need to do and when ......



If you run a micro business, you probably don’t have time to wade through pages of legal updates. But the Employment Rights Act 2025 is one to pay attention to, because it brings some of the biggest changes to workplace law in decades.

Some changes are already in force, more are coming in October 2026 and January 2027, and there is now a new enforcement agency with stronger powers and tougher penalties for getting things wrong.


The good news? You don’t need to do everything at once — but you do need to start preparing.


What has already changed?

From April 2026:

  • Statutory Sick Pay (SSP) is now payable from Day One of sickness absence
  • The Lower Earnings Limit has been removed, meaning more employees qualify for SSP
  • Paternity Leave and unpaid Parental Leave are now Day One rights
  • Whistleblowing protection now covers disclosures about sexual harassment
  • A new Fair Work Agency is now active, with powers to investigate and issue penalties
  • Employers must now keep holiday records for six years


For micro businesses, this means making sure your payroll, policies and records are all up to date. Small admin issues can now become expensive ones.


What’s coming in October 2026?

The next big focus is harassment reform.


From October 2026:

  • Employers can be liable for third-party harassment (for example from customers, clients or contractors)
  • The duty to prevent sexual harassment becomes stricter, requiring employers to take “all reasonable steps”
  • Failure to do so could lead to a 25% uplift in compensation


If you have customer-facing staff, lone workers, or employees working on client sites, this is particularly important.


What’s coming in January 2027?

This is the big one for many small employers:

  • The qualifying period for unfair dismissal reduces from 2 years to 6 months
  • The cap on unfair dismissal compensation is removed


In practice, this means probation periods, early performance management and documentation will become much more important.


What should micro businesses do now?

You do not need a huge HR project plan — just a few sensible steps:


1) Review your payroll and SSP process

Make sure SSP is being paid correctly from Day One and that any contract or handbook wording is up to date.


2) Tidy up your family leave and whistleblowing policies

Check your documents reflect the new Day One leave rights and the updated whistleblowing protection.


3) Look at harassment risks

Think about whether staff could be exposed to harassment from customers, clients or contractors, and what practical safeguards you have in place.


4) Strengthen probation and performance processes

Consider whether your probation periods are clear, documented and reviewed properly. With dismissal rights moving to 6 months, early action matters.


5) Check your holiday records

Accurate record keeping is now essential, especially with stronger enforcement powers in place.


Final thought

For micro businesses, the key is not to panic — it’s to get the basics right.

Clear contracts, current policies, good records and sensible processes will go a long way in keeping your business compliant and reducing risk.


If you’d like help reviewing your documents or creating a simple action plan for the upcoming changes, AL HR Consulting can support you on a retained or ad-hoc basis.

By Andrea Llewellyn July 24, 2025
The Ministry of Justice has recently released the latest tribunal statistics covering January to March 2025 and employment tribunal claims are continuing to rise 📈⬆️. At the end of March 2025: Unfair dismissal claims were the most common at 22% Breach of contract claims were 14% and Disability discrimination claims were 13% - these claims have seen the biggest increase rising by 28% compared to the previous quarter.
By Andrea Llewellyn January 24, 2025
Certain industries are required to have a policy, these are industries where there is a risk to the public, a high-risk working environment and the potential for accidents and injuries. Alcohol and drug misuse can affect performance, behaviour and relationships at work.
By Andrea Llewellyn December 17, 2024
Menopause can be a challenging phase in life, marked by a variety of symptoms that can affect an employee’s well-being and performance at work. As an employer, it's crucial to create a supportive and inclusive environment where employees feel comfortable discussing their needs and accessing the support they require.
By Andrea Llewellyn October 21, 2024
From 26 October 2024 there is a duty on employers to take all “reasonable steps” to prevent sexual harassment of their employees. The duty requires that employers should anticipate scenarios when its workers may be subject to sexual harassment in the course of employment, including from third parties, and take action to prevent such harassment taking place.
By Andrea Llewellyn July 4, 2024
Its nearly the six weeks holidays, do you find that holiday requests start rushing in during the months before? Requesting leave Holidays can be very emotive and potentially create disputes in smaller businesses when staff all want the same period off.
By Andrea Llewellyn June 7, 2024
If you are considering taking on an apprentice, then make sure you have a genuine job role that allows them to gain knowledge, skills and behaviours to complete the apprenticeship. Don’t underestimate the time needed to support and supervise them in carrying out the role.
By Andrea Llewellyn May 2, 2024
Are you looking to employ someone to cover those weekend shifts and think that this would suit a young worker…. Did you know that you need to apply for a work permit from your local authority if you intend to employ a child of school age?
By Andrea Llewellyn April 9, 2024
If you have an employee who has been off on long term sickness absence, and this is impacting the business, or an employee has declared a medical condition, and you are unsure what the impact of this will be on their role. A medical report can help in determining your next steps, you can either use an occupational health provider or write to their GP.
By Andrea Llewellyn March 1, 2024
Business needs can change over time, maybe you’ve won a new contract and need to take on more staff, or you need to restructure the team and adjust job roles to suit the changes.
By Andrea Llewellyn February 8, 2024
So, you employed someone on a fixed term contract and that end date is now approaching, you haven’t thought about how the contract ends, should you follow a process, write them a letter, how does it work?
More Posts