A blog about being human at work | Human by Practice

Is Employment Law Catching Up With Reality?

Written by Jess Sandham | Jan 7, 2026 10:07:32 PM
At the end of 2025, the UK’s Employment Rights Act 2025 passed into law. It’s being described as the most significant overhaul of employment rights in a generation. That’s a big claim, but in this case, it’s not an exaggeration.

From 2026 onwards, we’ll see wide-ranging changes to how work is regulated and protected, relating to:

  • Unfair dismissal rights
  • Flexible working
  • Family leave
  • Enhanced sick pay
  • Protections around harassment
Workplaces are being asked, finally, to catch up with the realities people have been living for years. And I’ll be honest. Part of me feels relieved. Another part feels wary.

In my experience, law is the low bar. Law can mandate minimum standards. It can’t, on its own, create humane cultures.

What’s actually changing?

The Employment Rights Act is a phased shift that will unfold through 2026 and beyond, requiring organisations to revisit contracts, policies, processes, and everyday practices.

Alongside it sits a related suite of reforms expected in 2026, expanding workers’ rights further, including:

  • Day-one paternity and unpaid parental leave
  • Simplified industrial action and union representation rights
  • Stronger protection against harassment and unfair dismissal, particularly for people who raise concerns or take action

These changes reflect the fact that many workplace systems were built for a different era. One with fewer voices, less transparency, and much lower expectations of accountability.

But, that era is ending.

Harassment, prevention, and the end of “we tried our best”

Under the Worker Protection (Amendment of Equality Act 2010) Act 2023, employers already have a duty to take proactive steps to prevent sexual harassment. From 2026, the expectation moves further. Organisations will be required to take all reasonable steps, not just some.

What this means is: “We didn’t know” isn’t good enough. “We had a policy” won’t stand on its own. “We dealt with it when it happened” will be too late.

This moves the focus upstream into leadership behaviour and everyday norms. It means looking at how power is used, how feedback is given, and how concerns are responded to when they’re still “small”.

In my work on preventing sexual harassment, I focus on building individual and collective capability to shape culture early, through active bystander intervention, stronger speak-up practices, and practical tools that help people act before harm escalates.

When culture becomes a regulatory issue

Wooden letter tiles scattered across a table, spelling out the word "regulation".

A person stands facing the camera, holding a cardboard sign that reads “We need a change.” Their expression is serious and direct, reflecting urgency and the need for meaningful changeIn financial services, forthcoming FCA rules on non-financial misconduct mean bullying, discrimination, and harassment are now more than simple internal HR matters. They become regulatory risks. Firms will be expected to record, assess, and act on serious personal misconduct as part of compliance reporting.

I think this sends a big signal and matters more than finance.

Culture is not soft, optional, or intangible. Behaviour, values, and how people are treated are increasingly understood as indicators of organisational health and risk. Tools like culture diagnostics and DEI audit help organisations understand where they are now and how to get to where they need to be.

If you’ve ever tried to argue that inclusion is a business issue, not a mere moral add-on, the law is finally backing you up.

What to watch in early 2026

As we move through January and into the year ahead, a few things are worth paying close attention to:

  • The ongoing rollout of Employment Rights Act provisions, particularly around family leave, sick pay, and flexibility
  • Rising expectations around harassment prevention, not just response
  • Continued scrutiny from regulators and the Equality and Human Rights Commission on organisational culture, behaviour, and accountability.

I’m also holding out for long-awaited guidance on gender identity and single-sex services. Not because this is easy territory, but because organisations need clarity on how to navigate real complexity with care rather than fear.

With the rise in frankly abhorrent and unacceptable hate directed toward trans people, this guidance matters deeply. My hope is that it clearly reinforces organisations’ responsibilities to protect trans people from harm, to uphold dignity at work, and to resist allowing uncertainty to become an excuse for inaction or exclusion.

So, what does this mean?

Inclusion and legal compliance are moving closer together. Culture isn’t just a “nice-to-have”, not anymore. It’s quickly becoming a core part of organisational responsibility.

But tighter laws won’t magically fix broken cultures.

The reality is most of your managers and leaders might not fully appreciate the implications of these changes. And when issues come to light, it may be too late.

This is where I spend most of my time. Helping managers build confidence, judgement, and practical skill, so legal change doesn’t lead to panic: Leadership & Management Training.

What matters, then, is making sure people, especially managers, are ready. Equipped with small, consistent practices they can use every day. Supported to take concerns seriously. Confident in offering flexibility when it’s needed.

It means learning how to lead difficult conversations, how to manage disagreement without harm, and how to navigate complexity without retreating into silence or defensiveness.

2026 is about rebuilding trust, acting with care and curiosity, being courageous, and being more human.

Chat to me

If you’re navigating these changes, questioning what they mean for your culture, or trying to move beyond compliance toward something more meaningful, I’d love to talk. Book a call with me.