Key Takeaways
| Expanded unfair dismissal protections | The 2-year qualifying period for standard unfair dismissal claims has been reduced to 6 months in cases involving whistleblowing or health and safety breaches. |
| Enhanced family leave rights | Employees now have access to extended parental leave arrangements with improved job security guarantees and statutory pay provisions under the Employment Rights Act 2024. |
| Disability accommodation duty strengthened | Employers must now conduct formal impact assessments before implementing workplace changes that could disadvantage disabled employees, with specific timelines under the Equality Act 2010. |
| Minimum wage adjustments | The National Minimum Wage has increased across all age bands, with the adult rate now £12.42 per hour effective from 1st April 2026. |
| Whistleblower protections expanded | Protected disclosures now include concerns about financial misconduct and data protection breaches, with enhanced compensation limits and reinstatement rights under the Public Interest Disclosure Act 1998. |
| Working Time Regulations clarified | New guidance from the Employment Tribunal confirms that remote working breaks must be recorded and managed in line with the Working Time Regulations 1998. |
Understanding the reduced unfair dismissal qualifying period
The most significant change affecting employees this April involves a substantial reduction in the qualifying period for unfair dismissal claims. Previously, employees needed to complete two years of continuous service before they could bring an unfair dismissal claim — with limited exceptions. From April 2026, this period drops dramatically to just six months in specific circumstances.
This change particularly affects whistleblowers and employees raising health and safety concerns. If you report a genuine breach of health and safety legislation or make a protected disclosure in the public interest, you are now protected from unfair dismissal after only six months, rather than two years. This represents a meaningful shift in employment law protection and means employers face significantly greater liability for dismissing employees who raise legitimate concerns.
What counts as a protected disclosure?
A protected disclosure (whistleblowing) now covers a broader range of concerns. These include reports about criminal offences, breaches of legal obligations, miscarriages of justice, health and safety dangers, and environmental damage. The key requirement is that you reasonably believe the disclosure is made in the public interest. You must make the disclosure in good faith to your employer, a legal adviser, or a prescribed body (depending on the circumstances).
If your employer dismisses you for making such a disclosure, you can bring a claim immediately, regardless of how long you have worked there. This protection applies to all workers — not just employees with a formal contract.
Family leave entitlements and parental rights
The Employment Rights Act 2024 brings enhanced family leave provisions into force in April 2026. These changes extend protections for employees taking parental leave, adoption leave, and bereavement leave. The new rules ensure that employees cannot be disadvantaged for exercising these rights and introduce statutory paternity pay improvements.
Under the updated regulations, employees are entitled to unpaid parental leave on top of statutory maternity or paternity leave. This amounts to 18 weeks of unpaid leave per child before the child reaches their 18th birthday, though employers can limit this to sensible amounts per year. Importantly, this leave is now protected — employers cannot use it as a reason to dismiss or demote an employee.
How employers must handle family leave requests
Employers have clear duties under these new regulations. You must handle all family leave requests fairly and without discrimination. This means you cannot refuse leave simply because it is inconvenient for your business — you must consider the request on its merits. Genuine operational difficulties are a valid reason to postpone leave, but you must document your reasons and offer alternative dates.
If you dismiss an employee for taking family leave, or select them for redundancy because they requested leave, you expose yourself to an automatic unfair dismissal claim. The burden then shifts to you to prove your decision was not related to the family leave. Courts recognise that this is extremely difficult to demonstrate convincingly.
Disability accommodations and workplace adjustments
From April 2026, the duty to make reasonable adjustments for disabled employees becomes more rigorous and procedurally complex. Employers must now conduct formal impact assessments before implementing any significant workplace change — from office restructuring to introducing new software systems — if those changes could disadvantage disabled employees.
An impact assessment documents the potential disadvantage, explores reasonable adjustments, and considers the employee’s views. This is not merely advisory — it is a legal requirement. Failure to conduct a proper assessment can itself amount to discrimination, regardless of the outcome. The assessment must be completed within a statutory timeframe (usually 10 working days of the change being proposed) and the results must be shared with the affected employee.
What counts as reasonable adjustments?
Reasonable adjustments are changes to the workplace or working arrangements that reduce disadvantage for a disabled person. These might include modified equipment, flexible hours, home working options, task restructuring, or specialist support. The test is whether the adjustment is reasonable — meaning it is proportionate to the cost, the size of your business, and the scale of benefit to the employee.
Crucially, you cannot ask the disabled employee to bear the cost of a reasonable adjustment. These are your responsibility as the employer. If you fail to make a reasonable adjustment that you are capable of making, you discriminate against that employee under the Equality Act 2010, and they can claim compensation for any loss they suffer as a result.
Minimum wage increases and compliance requirements
The National Minimum Wage increases on 1st April 2026. The adult minimum wage (for those aged 21 and over) rises to £12.42 per hour. This applies to all employees and workers, regardless of employment status. Failure to pay the minimum wage is a serious breach of employment law and can result in significant financial penalties from the Employment Agency Standards Inspectorate.
Employers must ensure all payroll systems are updated and backdated payments made if any worker has been underpaid. This includes agency workers, zero-hours workers, and those on flexible contracts. The minimum wage is a legal floor — you cannot contract out of it or use clauses in employment contracts to reduce it. If a contract specifies a lower rate, the statutory minimum wage still applies.
Calculating compliance and record-keeping
You must keep detailed records of all hours worked and all payments made to demonstrate compliance. This includes time spent on training, travelling between sites, or on call. The records must be kept for at least three years and must be provided to workers if they request them. Failure to maintain proper records is treated as evidence of non-compliance, shifting the burden of proof to you to demonstrate that the minimum wage was actually paid.
If an employee brings a claim for non-payment of the minimum wage, you must prove you paid the correct rate. Without proper records, this is extremely difficult. The Employment Tribunal can award compensation covering the shortfall, plus interest, plus potentially penalties of up to £10,000 per breach.
FAQ
If I was dismissed before April 2026, can I still make an unfair dismissal claim?
No. These changes only apply to dismissals occurring on or after 1st April 2026. If you were dismissed before that date, the old two-year qualifying period applies. However, if you made a protected disclosure before April 2026, you may have had protection regardless of qualifying period — speak to Wolf Law to discuss your individual circumstances.
Does the reduced qualifying period apply to all employees?
No. The six-month period applies only to whistleblowers and employees raising health and safety concerns. For all other types of unfair dismissal, the standard two-year qualifying period still applies. However, there are some exceptions to the two-year rule (for example, dismissal for pregnancy, jury service, or protected strike action) which remain unaffected by this change.
What if my employer says they cannot afford the reasonable adjustment?
Cost alone is not sufficient justification for refusing a reasonable adjustment. You must assess whether the adjustment is reasonable considering the cost relative to your business size and the benefit to the disabled employee. Large employers cannot easily argue that cost is an unreasonable barrier. If you genuinely cannot make an adjustment, you must document your reasons and explore alternative adjustments. Refusing without exploration is unlawful.
Can my employer require me to take parental leave unpaid?
No. Parental leave is an entitlement you choose to exercise. Your employer cannot require you to take parental leave, nor can they use parental leave against you in any decision about redundancy, promotion, or pay. However, your employer can manage the timing of leave if it would cause genuine operational difficulty — but they must offer alternative dates.
If I am paid just above the minimum wage now, will my pay automatically increase?
No. The minimum wage is a legal floor — employers have no obligation to increase wages for those earning above the new minimum. However, your contract of employment may contain terms protecting your relative pay position. Check your contract and speak with your employer or contact Wolf Law if you believe you have been unfairly disadvantaged.
What if my employer has not updated payroll for the new minimum wage?
You have the right to be paid at least the legal minimum wage. If your employer has not updated systems and you are underpaid from 1st April, you should raise this immediately in writing. If the issue is not resolved within 7 days, contact Wolf Law to discuss your position. You can bring a claim for the underpayment, and you are also protected from dismissal or detriment for raising this concern.
Are these changes definitely taking effect on 1st April 2026?
Yes. These changes are confirmed in secondary legislation (Employment Law (Amendment) Regulations 2025) and have been fully implemented. However, transitional provisions apply in certain cases — for example, claims arising from events before 1st April but brought after that date may be subject to different rules depending on when the key event occurred. For clarity on your specific situation, contact Wolf Law for specialist advice.
This article is intended for informational purposes only and does not constitute legal advice. For specific advice relating to your circumstances, please contact Wolf Law directly to arrange a consultation with one of our qualified solicitors.
External references
Sources: UK Legislation.gov.uk | UK Government Employment Rights | The Law Society | The Judiciary
