As of April, the UK workplace has undergone significant change with the latest wave of employment law updates now in effect. For HR leaders, the transformative Day 1 rights introduced by the Employment Rights Act 2025 (ERA25), including enhanced sick pay and the arrival of the Fair Work Agency (FWA), are no longer “upcoming” hurdles, but rather the new operational standard.
To help navigate this new reality, we sat down with Nic Elliott. Having specialised in employment law since 2006, Nic is recognised by The Legal 500 and has been named one of HR Magazine’s most influential practitioners. Nic’s dual role at Actons Solicitors (HR Director and Head of Employment Law), combined with his background in psychology and cognitive interviewing, makes him the go-to expert for businesses navigating the law while protecting a high performance culture.
In addition to breaking down April’s key compliance updates, we preview our upcoming event series with Nic, designed to guide our HR leadership community through the next two years of workplace evolution.
In this interview, we explore:
- April updates: why “fire and rehire” shouldn’t be underestimated and removing sick pay waiting periods is a management challenge, not just a financial one
- Preparing for the anticipated spike in employment tribunals as unfair dismissal rights move to a 6-month threshold
- A preview of our upcoming seminar series with Nic Elliott, starting on the 20th May, providing practical tools for HR leaders and employers.
The April 2026 law updates are now underway. What do you foresee as the single biggest “hidden” challenge businesses are facing that they might have missed in their initial Q1 preparations?
The changes to “fire & rehire” are the sleeping giant. Many employers dismiss this because they think, “We don’t do fire and rehire.” However, the new regulations fundamentally shift the balance of power between employers and their employees. For businesses, it’s about how you manage change within your workforce on a day-to-day basis.
For SME owners who feel that Day 1 rights are a direct threat to their margins, how would you reframe compliance as a commercial opportunity?
The reality is that SMEs have been hit hard with additional costs and absorbing them is a genuine challenge. However, there certainly are employers “flipping the script” and taking a positive approach to the ERA25 and using these changes to bolster their employer brand.
If everyone has to offer these rights, the differentiator becomes how you offer them. Employers who use it to improve their culture and brand are likely to benefit the most, especially when it comes to talent retention.
Sexual harassment is now a protected disclosure, with tighter updates due in October. Beyond a handbook update, what is your “number one” tip for leaders to meet the “reasonable steps” threshold?
My top tip is practical: Carry out a formal risk assessment. The law requires “reasonable steps,” and a risk assessment is a step in itself. It allows you to identify high-risk areas, perhaps specific departments or after-hours events, and take targeted action to address these risks. You can’t fix what you haven’t measured.
With the removal of the three-day waiting period for Statutory Sick Pay (SSP), how should companies be updating their absence policies right now to prevent a culture of short-term absence?
Managing absence is something I spend a lot of time helping clients with. Managing absence isn’t just about the payment; it’s about the process, including return to work interviews, medical evidence, manager responsibilities, the list goes on!
We’ve developed an absence audit tool to help clients find gaps in their management processes and how to have those difficult conversations. You can’t just change a policy; you have to evolve the management culture.
Looking ahead to 2027 and the shift to 6-month unfair dismissal rights, what should be at the top of an HR Director’s to-do list today?
Planning for the unfair dismissal change is paramount. We are anticipating a significant spike in employment tribunal claims, driven not just by the law but by AI-facilitated claims, the cost-of-living crisis and a tightening job market.
HR teams need to ensure their legal support is robust and ready to manage. You need advisors who don’t just defend claims but help you prevent them from landing in the first place.
We are thrilled to have you leading our upcoming series. Without giving too much away, what can attendees expect from our first session in May?
There is so much in the Employment Rights Act, but the “Fair Work Agency” is what’s really pricking people’s interest right now. Attendees can expect a morning that is strictly practical. No academic theory, just a clear, actionable roadmap for the months ahead.
Join the conversation
We would like to extend our appreciation to Nic for his valuable insights, and we are proud to partner with him for a new event series, taking place in May, September and January. These interactive workshops are designed to guide HR leaders and employers who want to move beyond theory and into action. Enquire via our events page to book your complimentary space.
About Nic Elliot
In his dual role at Actons, Nic is known for providing straight-talking, practical advice rooted in both legal expertise and a deep understanding of human behaviour.
With a background in psychology, Nic brings a fresh perspective to people issues, balancing the human impact with legal requirements. He has supported a diverse range of businesses, from fast-growing SMEs to global brands in retail, hospitality, and tech, including the likes of Waterstones, Rab, Randstad and Connells Property Group.
Nic is also a leading voice on the future of work. As host of The HRD Talks podcast, he interviews People Directors from organisations such as Boots, Severn Trent, and Equiniti, providing a platform for HR leaders to share insights and strategy. A prominent “Legal LinkedInfluencer,” Nic regularly shares insights that challenge the status quo of the UK workplace. You can follow him here.
