The Westminster government are rolling out the new employment rights secured when the Employment Rights Act was passed on 18 December 2025. New rights and support for individuals, and the trade unions that represent them, are now being introduced in phases. As a key function of the PDA is to help members understand and exercise their rights at work, these changes are being enthusiastically welcomed by the PDA.
Despite significant promotion of the new rights by the government, it is recognised that not every line manager or HR colleague may grasp the full extent of changes immediately, and it may take some employers a period before they update their staff handbooks/contracts to reflect the new law. However, it is always the law which takes precedence, and so individuals should be treated in accordance with their increased rights in any event.
Paul Day, PDA Union Director, said: “The ERA was promised by the government before the last general election, and we welcome its implementation. Though it does not deliver everything that is needed, it is certainly a big step forward regarding pharmacists’ working experience. We want to see further improvements through a further employment rights act in the near future.
In the meantime, we are highlighting the new rights so that members understand their entitlements to fair treatment from their employers. If an employed member believes they are being treated in breach of these new rights, they should contact the PDA member support centre.”
What has already changed?
From 18 December 2025
- Rules around ‘minimum service levels’ for strikes were removed. These rules were about keeping services running when there’s a strike.
From 18 February 2026
- Dismissal for taking part in industrial action became ‘automatically unfair’. This removed the 12-week limit for claiming unfair dismissal.
- So that trade unions can better represent their members through industrial action, various process improvements were made:
- the time needed to give notice of industrial action reduced to 10 days, instead of 14 days
- picket line supervisors are no longer required
- industrial action mandates last for 12 months, instead of 6 months
- industrial action and ballot notices were simplified
- the support threshold rule has been removed – this rule required at least 40% of the total eligible votes to support action. It applied to important public services. Public and private sector ballots now follow the same requirement – they only need more votes in favour of industrial action than against (although the turnout threshold rules for industrial action ballots requiring at least a 50% turnout for industrial action ballots will remain until at least August 2026).
- Political fund rules changed so that members of unions with political funds will now contribute to the fund, unless they individually opt-out (Previously they must have individually opted in) – NB: The PDA does not have a trade union political fund.
From 6 April 2026
- Statutory Sick Pay (SSP) is paid from the first day of illness, instead of the fourth day.
- The lower earnings limit has been removed – previously, workers needed to earn a minimum amount to be eligible for SSP.
- The maximum ‘protective award’ for failure to consult in collective redundancy is 180 days’ pay. Before 6 April 2026, it was 90 days’ pay.
- Paternity leave became a ‘day one right’, allowing someone to give notice of leave from the first day of employment.
- Ordinary parental leave, or unpaid parental leave, became a day one right – previously someone must have worked for their employer for 1 year to be eligible.
- The restriction on taking paternity leave after shared parental leave has been removed.
- Eligible fathers and partners can take up to 52 weeks of unpaid bereaved partner’s paternity leave if the mother or primary adopter dies – they must take this leave within 52 weeks of the child’s birth (including surrogacy), adoption placement, or entry to Great Britain for overseas adoptions.
- Sexual harassment becomes a ‘qualifying disclosure’ under whistleblowing law. This means whistleblowers making a sexual harassment disclosure have protection from detriment and unfair dismissal.
- Employers of all sizes can voluntarily publish action plans around menopause and gender pay gaps. Sometime in 2027, this will become mandatory for employers with 250 or more workers.
- The process for how a trade union can be recognised in a workplace has been simplified. An updated Code of Practice on trade union recognition supporting this is expected to come into force in October 2026.
- Employers must keep records of annual leave and holiday pay. They must include:
- annual leave taken
- annual leave carried over from previous years
- holiday pay
- payments in lieu of holiday
- The employers must keep this information for a minimum of 6 years from the date it was recorded and manage those records in line with UK GDPR.
- The Fair Work Agency has been created to bring together existing enforcement bodies and take on enforcement of other employment rights, such as holiday pay and SSP.
What further improvements are to come?
In part two of this update, we will elaborate on the further improvements that will be implemented in later phases.
What about Northern Ireland?
Northern Ireland (NI) has its own employment law determined by members of the Legislative Assembly (MLAs) at Stormont. There is currently a proposed Good Jobs bill to introduce important rights, such as getting rid of exploitative zero and low-hour contracts in all but limited circumstances, as well as ensuring that every worker can access the support of a trade union in their workplace. If the bill becomes an Act, it will also regulate basic work-life balance measures such as carers leave, more flexibility for fathers and parents when taking paternity leave, introducing neonatal leave and pay and making the right to request flexible working a ‘day one right’.
As part of the Irish Congress of Trade Unions (ICTU), the PDA is working with those who represent other workers and sectors to support the Good Jobs bill becoming law. Pharmacists and others all deserve modern employment law that values individuals’ wellbeing, family life and the value they bring through their work.
While NI has not yet got the Good Jobs Act, it has nevertheless become the first part of the UK to introduce paid miscarriage leave to parents. From Monday 6 April, there is now two weeks of statutory paid leave specifically for miscarriage, whether through spontaneous loss or medical interventions necessary for health reasons. This also applies to a partner.
Learn more
- PDA calls on MLAs to support the Good Jobs Bill
- Improved rights at work for PDA members
- PDA Reps meet to discuss Employment Rights Bill
- PDA welcomes Employment Rights Bill
- PDA responds to the Employment Rights Bill omitted from the Queen’s Speech yet again (2022)
- PDA welcomes news that government attempts to restrict workers’ rights has been prevented
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