If you have been injured at work, or if you are currently recovering from a workplace accident, 2026 is a year that matters enormously for your legal rights. The Employment Rights Act 2025 — which received Royal Assent on 18 December 2025 — represents the most sweeping overhaul of UK employment law in a generation. Its provisions are being rolled out in phases throughout 2026 and into 2027, and many of the changes have a direct bearing on injured workers, their entitlement to sick pay, and their ability to pursue compensation claims.
This guide explains the most important changes, when they come into force, and what they mean if you have suffered a workplace injury or illness.
Statutory Sick Pay Is Changing Significantly in April 2026
One of the most impactful changes for injured workers is the reform of Statutory Sick Pay (SSP). Under the rules that applied before April 2026, SSP was not payable for the first three days of any illness or injury — these were known as the “waiting days.” Workers also had to be earning above a lower earnings limit to qualify at all, which meant that many part-time workers, lower-paid employees, and those on zero-hours contracts received nothing from their employer during the early days of an injury absence.
What changes from 6 April 2026
From 6 April 2026, the three-day waiting period is abolished entirely. SSP is now payable from the very first day of sickness absence. At the same time, the lower earnings limit is removed, meaning that all workers — regardless of how much they earn each week — are now eligible for SSP. For lower-paid workers, SSP is calculated at the lower of either the flat weekly rate of £123.25 or 80% of their normal weekly earnings.
For injured workers, this is a substantial improvement. Previously, an employee injured on a Monday and unable to return until the following week would receive no SSP for those first three days. Under the new rules, pay begins immediately, providing crucial financial breathing room while you focus on recovery and, where appropriate, pursue a compensation claim.
Why this matters for your injury claim
SSP is separate from compensation you may be entitled to through a personal injury claim. If your workplace injury was caused by your employer’s negligence — through inadequate safety measures, poor training, defective equipment, or failure to carry out risk assessments — you may have grounds to claim special damages covering your actual financial losses, including lost earnings above and beyond SSP. The new day-one SSP entitlement does not limit or replace this right; it simply provides a baseline of income while your broader claim is pursued.
Employer Liability for Third-Party Harassment Arrives in October 2026
A significant change scheduled for October 2026 directly affects workers in customer-facing, client-facing, and public-sector roles. From that date, the Employment Rights Act 2025 introduces direct employer liability for harassment of employees by third parties — meaning customers, clients, contractors, patients, service users, or members of the public.
What the new third-party harassment rules mean
Under the new provisions — which amend the Equality Act 2010 — an employer will be found liable if a third party harasses an employee during the course of their employment and the employer failed to take all reasonable steps to prevent it. This is a higher bar than the previous standard of “reasonable steps” and applies across all protected characteristics, not just sexual harassment.
This matters for workplace injury claims because harassment — including physical harassment or intimidation by third parties — can cause both psychological harm and, in some cases, physical injury. If an employer knew or should have known about the risk of third-party harassment in a particular role or environment and failed to act, they can now be held directly liable. Workers in retail, hospitality, healthcare, transport, and social care are particularly likely to be affected.
Harassment, psychological harm, and the expanding scope of workplace injury
The arrival of third-party harassment liability sits alongside a wider trend in UK workplace law and health and safety regulation. The Health and Safety Executive now places equal weight on psychological harm alongside physical injury, and employers who fail to carry out psychosocial risk assessments face increasing exposure to claims. If you have suffered anxiety, depression, PTSD, or other psychological conditions as a result of harassment or a hostile working environment, you may have a valid personal injury claim even in the absence of any physical accident.
Other Key Changes Under the Employment Rights Act 2025
Beyond SSP reform and third-party harassment, the Employment Rights Act 2025 introduces a range of further changes that may affect workers who have been injured or who are considering legal action against an employer.
Unfair dismissal qualifying period cut to six months
Currently, employees need two years of continuous service before they can bring an unfair dismissal claim. From January 2027, this qualifying period is being reduced to just six months. This is highly relevant for workers who are dismissed after reporting a workplace injury or making a compensation claim. Dismissal in retaliation for exercising your legal rights is automatically unfair — but the new six-month threshold means far more workers will be protected should their employer act unlawfully.
Extended Employment Tribunal time limits
From October 2026, the time limit for bringing most claims to the Employment Tribunal is being extended from three months to six months. This gives injured workers additional time to seek legal advice and prepare their case before the deadline passes, reducing the risk of losing the right to claim due to missing the window while dealing with the aftermath of an injury.
The Fair Work Agency launches in April 2026
A new enforcement body — the Fair Work Agency — launches in April 2026. It brings together enforcement of the National Minimum Wage, holiday pay, and SSP into a single body with powers to investigate, issue penalties, and bring tribunal claims on behalf of workers. For employees whose employers attempt to withhold SSP following an injury, or who are underpaid during a period of sickness absence, the Fair Work Agency provides a new route to enforcement.
Bereavement leave extended to all workers
While not directly linked to physical injury, the extension of bereavement leave to all workers — including one week of unpaid leave for the death of any person — reflects the Act’s broader recognition that wellbeing and recovery time matter. Workers who have lost a family member following a fatal workplace accident will benefit from stronger protections around leave entitlement during their bereavement.
What These Changes Mean if You Have Already Been Injured
If you have already suffered a workplace injury and are currently in the process of recovering or pursuing a claim, the Employment Rights Act 2025 still has relevance for you. The new SSP rules apply from 6 April 2026 regardless of when the injury occurred, provided you are still absent from work or return to work on a phased basis after that date. Similarly, the extended tribunal time limits will apply to claims lodged after October 2026, even if the underlying events occurred earlier.
Your employer cannot dismiss you for pursuing a claim
UK law has long protected workers from dismissal for asserting their statutory rights, and this protection is strengthened under the Employment Rights Act 2025. If your employer dismisses you, threatens dismissal, or subjects you to a detriment because you reported an injury, made a personal injury claim, or raised health and safety concerns, this is unlawful. Depending on the circumstances, you may have grounds for a claim of automatic unfair dismissal, a detriment claim, or both. You can read more about your rights and the claims process in our guide to workplace injury claims and compensation in the UK.
Compensation and SSP are not the same thing
A point worth emphasising: SSP is a statutory minimum payment made by your employer during sickness absence. A personal injury compensation claim is entirely separate and can cover your full financial losses — including earnings above SSP, medical expenses, rehabilitation costs, travel, future loss of earnings, and the pain and suffering caused by your injury. Receiving SSP does not reduce or affect the compensation you may be entitled to through a successful negligence claim against your employer. The two routes exist alongside each other and can be pursued simultaneously.
How to Protect Your Rights After a Workplace Injury in 2026
Whether your injury happened recently or some time ago, there are clear steps that will protect your legal position and give your claim the best possible chance of success.
Report the injury immediately and formally
All workplace injuries should be reported to your employer and recorded in the workplace accident book. This creates a formal record that will be important evidence in any future compensation claim. If your employer does not have an accident book, send a written account of the incident by email so that there is a dated record you can refer to later.
Seek medical attention promptly
Medical evidence is the foundation of any personal injury claim. Visit your GP or A&E as soon as possible after any workplace injury and ensure your symptoms are recorded accurately. Keep copies of all fit notes, referral letters, prescription records, and any other medical documentation relating to your injury.
Take advice from a specialist solicitor
The Employment Rights Act 2025 has created a more complex legal environment for both employers and workers. Getting specialist advice early — from a solicitor with experience in workplace injury and employment law — ensures you understand your rights fully under both the new legislation and existing personal injury law. Most personal injury solicitors operate on a no win no fee basis, meaning you can access expert advice without any upfront cost. Read our guide on how to choose the right injury attorney for your compensation claim to find out what to look for when selecting representation.
Do not delay — the three-year limitation period still applies
While the Employment Rights Act 2025 extends tribunal time limits in employment law matters, the limitation period for personal injury claims remains three years from the date of the accident in most cases. Acting promptly ensures you preserve your right to claim and gives your solicitor time to gather the strongest possible evidence on your behalf. You can find a comprehensive overview of the personal injury claims process in our complete guide to seeking compensation in the UK.
The Employment Rights Act 2025 and Workplace Safety: A Broader Picture
The Employment Rights Act 2025 is one part of a wider legislative picture that is shifting the balance of power toward workers in 2026. Alongside the Act, the Health and Safety Executive continues to strengthen enforcement in areas including manual handling, psychological wellbeing, and occupational disease. The HSE’s guidance for workers sets out clearly what your employer is required to do to keep you safe at work — and where those obligations are breached, the law provides a route to justice and financial redress.
If you have been injured at work and are unsure whether the new rules apply to your situation, or if you want to understand what compensation you may be entitled to, speaking to a specialist as early as possible is always the right first step. The legal landscape in 2026 offers greater protection for injured workers than ever before — but those protections only work if you know they exist and choose to exercise them.
