As part of our ten‑minute podcast series, The Bellevue Brief, Head of Legal Practice Susanne Hartigan sat down with Associate Chloe Grant to explore some of the most significant family‑friendly reforms introduced by the Employment Rights Act 2025 (ERA). These changes are expected to have a meaningful impact on businesses, HR teams and expecting or new parents in the workplace.
Recorded at the end of January 2026, this discussion reflects the legal position as it currently stands. Some areas remain subject to ongoing consultation and further regulations, so employers should monitor updates closely.
In this blog, we highlight the key takeaways from the conversation, including:
- The shift to day‑one rights for paternity and unpaid parental leave
- New bereavement leave provisions
- Enhanced protection from dismissal for pregnant employees and new mothers
- What employers should be doing now to prepare
Paternity Leave and Unpaid Parental Leave: The Current Position
Until the reforms take effect, statutory paternity leave is available only to employees with at least 26 weeks’ continuous service by the end of the “qualifying week” (the 15th week before the baby’s due date). As Susanne and Chloe note, this means that new fathers who have recently moved jobs are not entitled to take paternity leave.
Unpaid parental leave, meanwhile, has an even longer service threshold: employees must have at least one year of continuous service before they can take this form of leave. While the two rights differ, parents face similar issues in respect of each, in that they are not entitled to access them early in their employment.
What’s Changing Under the Employment Rights Act 2025?
Day‑One Rights for Paternity Leave
One of the most impactful reforms is that paternity leave will become a day‑one right. This means eligible employees will be entitled to take up to two weeks’ statutory paternity leave from the very start of their employment, removing the previous six‑month waiting period.
This is a substantial shift and will bring the UK into closer alignment with other jurisdictions that offer early parental rights to support family life from the outset.
Unpaid Parental Leave Also Moving to Day‑One Entitlement
As Chloe explains, unpaid parental leave will also become available from day one of employment, removing the existing one‑year service requirement. This will give parents far greater flexibility, particularly in the early years of a child’s life.
Further detail on notice periods, eligibility and operation in practice will depend on forthcoming regulations, but the direction of travel is clear: parental rights are becoming more accessible and more immediate.
Why These Reforms Matter
These changes support more family‑friendly working practices. They also mean that HR teams will need to:
- Update policies and handbooks
- Review onboarding materials
- Train managers on responding appropriately to requests for leave
- Adjust payroll and HR systems to reflect new entitlements
Because the new rights apply from the first day of employment, organisations should also review how leave interacts with probationary periods and resourcing plans.
What Employers Should Be Doing Now
Although some details of the reforms are still subject to consultation, employers can begin preparing by:
- Auditing existing family‑friendly policies to identify areas that will need amendment
- Planning for day‑one entitlements, including how requests will be managed operationally
- Training managers, who are often the first point of contact for expecting or new parents
- Communicating upcoming changes to employees
- Monitoring official updates, as more detailed regulations are expected in the coming months
Need Support Preparing for the Upcoming Changes?
Our team at Bellevue Law can assist with reviewing contracts, updating policies, training managers, or preparing your business for the Employment Rights Act reforms.
If you’d like to discuss how we can help, please get in touch.
You can watch and/or listen to their episode here: Bellevue Law | Instagram | Linktree
