Answers to frequently asked questions on key HR issues.

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How should employers treat transgender and non-binary employees when calculating the organisation's gender pay gap?

The Government has updated its gender pay gap reporting guidance to say that calculations must be based on employees’ biological sex. The guidance attempts to provide examples of how employers might obtain reliable data, but employers may find it difficult in practice.
Is an employee entitled to statutory sick pay if they are off sick on their first day of work?

To be eligible for statutory sick pay (SSP), an employee must have performed some work for the employer under their employment contract ...
In what circumstances can employees claim statutory sick pay?

Eligibility for SSP is extended to more employees from 6 April 2026, as the Employment Rights Act 2025 removes the three-day waiting period and the minimum earnings requirement.
What is a public interest disclosure?

The Employment Rights Act 2025 adds information about sexual harassment to the list of protected disclosures from 6 April 2026. The change removes any doubt about whether this kind of information is covered by whistleblowing protection.
What should an employee be paid during a phased return to work from sickness absence?

From 6 April 2026, the Employment Rights Act 2025 removes the three-day waiting period and minimum earnings requirement for eligibility for SSP. This simplifies the administration of SSP during a phased return to work.
What is the unfair dismissal basic award?

The maximum amount of a week's pay for calculating the basic unfair dismissal award is increased for dismissals on or after 6 April 2026.
What is the unfair dismissal compensatory award?

The maximum amount for a compensatory award is increased for claims about dismissals on or after 6 April 2026.
Is there a limit on the compensation that can be awarded in a discrimination claim?

Increased guideline amounts for injury to feelings compensation apply for claims made on or after 6 April 2026.
Are employees entitled to be paid their full contractual pay on keeping-in-touch days?

The statutory maternity pay rate increased on 5 April 2026. The example in this FAQ has been updated with the new rate.
What are an employer's record-keeping obligations under the Working Time Regulations 1998?

From 6 April 2026, employers have a duty to keep records relating to statutory annual leave for at least six years, under provisions in the Employment Rights Act 2025.

You said it...

If you want to avoid mounting legal costs, HR & Compliance Centre is a great one-stop shop for practical advice and guidance.

Ian Greaves, HR director, knowledge, skills and children’s services, Serco Group plc

Employment Rights Act 2025 Hub

Your single source for complete compliance clarity.

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Explore the Employment law guides on the topics impacted by the ERA.

Unfair dismissal

Trade unions and industrial action

Probationary periods

Harassment

FAQs

Answers to frequently asked questions on key HR issues.

All categories

New and updated

How should employers treat transgender and non-binary employees when calculating the organisation's gender pay gap?

Is an employee entitled to statutory sick pay if they are off sick on their first day of work?

In what circumstances can employees claim statutory sick pay?

What is a public interest disclosure?

What should an employee be paid during a phased return to work from sickness absence?

What is the unfair dismissal basic award?

What is the unfair dismissal compensatory award?

Is there a limit on the compensation that can be awarded in a discrimination claim?

Are employees entitled to be paid their full contractual pay on keeping-in-touch days?

What are an employer's record-keeping obligations under the Working Time Regulations 1998?

You said it...

Employment Rights Act 2025 Hub