Blog | TaxCalc

The Employment Rights Act Is a Payroll Problem: What Firms Must Flag

Written by Elizabeth Sullivan | Sep 19, 2026, 7:00:01 AM

The Compliance Story That Is Not About MTD

Ask a UK practice owner what has consumed 2026 and the answer is predictable: quarterly updates, AML supervision, agent account security. Meanwhile a second wave of change has been landing quietly on the same clients, and it arrives through payroll rather than through HMRC.

The Employment Rights Act 2025 received Royal Assent in December 2025 and is being switched on in phases across 2026 and 2027. Several measures are already live. Two more land this October. The biggest one, a cut to the unfair dismissal qualifying period, applies to dismissals from the 1st of January 2027. If your firm runs payroll, prepares management accounts for owner managed businesses, or is simply the first person a client phones when something goes wrong, this is your inbox in the making.

 

What Has Already Changed

Since the 6th of April 2026 your employer clients have been operating under a materially different set of rules:

  • Statutory Sick Pay from day one. The three waiting days are gone and the Lower Earnings Limit test has been removed, so almost every employee now qualifies. Employees earning below the old threshold receive the lower of 80 percent of their average weekly earnings or the standard weekly rate, currently £123.25.
  • Day one Paternity Leave and Unpaid Parental Leave. The old qualifying service periods no longer apply.
  • Holiday and holiday pay records. Employers are expected to keep adequate records of leave taken and holiday pay made, which is a real problem for clients running irregular hours off spreadsheets.
  • The Fair Work Agency. Established on April 7th 2026, it consolidates state enforcement of employment rights, can inspect records, issue notices of underpayment and levy civil penalties. Holiday pay enforcement is expected to follow, and will not begin before April 2027.
  • Collective redundancy. The maximum protective award has doubled, which changes the arithmetic on any consultation failure.

The practical point for practices is that sick pay is no longer a rounding error. A client with twenty staff on modest or variable hours has just seen the cost and the administrative burden of short absences rise, and the data behind it now needs to survive inspection.

 

The Two October Deadlines

October 1st 2026: the time limit for bringing an Employment Tribunal claim doubles from three months to six months. For breach of contract claims in Scotland the change takes effect on 9 November 2026. Longer exposure means employers must retain payroll, absence and disciplinary records for longer, and be able to reconstruct what was paid and why, many months after an exit.

October 30th 2026: employers must take all reasonable steps to prevent sexual harassment of their employees, and must not permit harassment of their employees by third parties. The same date brings the duty to inform workers of their right to join a trade union, strengthened union access rights, and new protections for union representatives.

Strengthened tipping law also arrives by the end of 2026, which matters if you act for hospitality, hair and beauty or food service clients where tronc arrangements run through payroll.

 

January 2027 Is the One Clients Will Underestimate

For dismissals from the 1st of January 2027 the unfair dismissal qualifying period falls from two years to six months, and compensatory awards become uncapped. New protections restricting fire and rehire arrive at the same time.

Two years of service has been the informal safety net for small employers for a generation. Removing most of it changes how quickly hiring mistakes must be identified and handled, and it changes the risk profile of every probation conversation. Beyond that, 2027 brings guaranteed hours and reasonable shift notice for zero and low hours workers, regulation of umbrella companies, reform of flexible working, bereavement leave including pregnancy loss, a new collective consultation threshold and enhanced dismissal protections for pregnant women and new mothers. Timings for the guaranteed hours regime will be confirmed after consultation.

 

Why This Is a Practice Opportunity, Not Just Client Noise

Accountants are not employment lawyers, and nobody should be drafting dismissal advice outside the scope of their engagement letter or professional indemnity cover. But three pieces of this sit squarely inside what a practice already does well.

  • Numbers. Modelling the cash effect of day one SSP, higher protective awards and guaranteed hours on a client's wage bill is a forecasting job, and forecasting is your work.
  • Records. Holiday pay records, absence data and clean employee data are payroll hygiene issues. Firms that fix this before the Fair Work Agency starts enforcing holiday pay are selling reassurance, not compliance.
  • Timing. You know which clients hire seasonally, which run zero hours rotas and which have never written a probation policy. That segmentation is worth more than any generic law firm bulletin.

 

A Ninety Day Plan for Your Firm

  • Segment your client list in your practice management system. Tag every client that employs staff, then flag those with irregular hours, high absence or seasonal peaks as priority one.
  • Check sickness policies for surviving references to three waiting days or the Lower Earnings Limit. Anything still saying that is wrong and has been since April.
  • Test the holiday pay trail. Pick three clients at random and ask whether you could evidence leave taken and holiday paid for a specific employee across the last twelve months.
  • Extend your record retention. With a six month claim window from October 1st, payroll and absence records need to be retrievable well beyond the current year.
  • Diarise January 2027. Write to employer clients before Christmas about the six month unfair dismissal qualifying period and uncapped awards, so nobody hears it first from an aggrieved leaver.
  • Build a referral route. Agree now which employment law adviser or HR partner you refer to, and put the boundary of your own advice in writing.
  • Price it. If you are absorbing extra payroll work created by statute, that is a fee conversation, not a goodwill gesture.

 

The Bottom Line

2026 has trained the profession to watch HMRC. The Employment Rights Act is a reminder that a client's biggest unbudgeted cost this year may arrive from a different department entirely. The measures are published, the dates are fixed, and the first of them is a fortnight away. Firms that raise it now look prepared. Firms that wait until a client is already in a dispute look reactive.

Start with the client list. Everything else follows from knowing which of your clients employ people, and how well they can prove what they paid them.