The ERA 2025 - a planning and readiness guide for employers

Navigating the

Navigating the Employment Rights Act 2025 - A planning and readiness guide for employers Holiday records • Since 6 April 2026, employers have been subject to a new duty to make and retain records showing that they have provided workers with their statutory holiday entitlement and complied with holiday pay obligations for that leave. • Employers are required to retain holiday records for six years. • Find out more about the reform Does your organisation keep and retain records of your employees’ statutory holiday entitlement & pay (including pay in lieu on termination)? If not, you will need to set up a system which allows you to record this data so as to demonstrate compliance. If you already record the data, how easy will it be to demonstrate compliance? Identify ‘test cases’ across different types of workers to stress test compliance. If the data is recorded across a number of different sources, review how systems may be updated to streamline record-keeping. If you already record this required information coherently, do you keep the records for six years? If not, implement the requisite changes to your systems in order to comply. Notes Burges Salmon 6

Navigating the Employment Rights Act 2025 - A planning and readiness guide for employers Whistleblowing and sexual harassment • Since 6 April 2026, sexual harassment has constituted a ‘relevant failure’ for the purposes of the whistleblowing legislation. This means disclosures of this nature no longer need to be framed as a criminal offence, a legal breach, or a health and safety issue in order to gain protection. Review your whistleblowing policy to identify whether it needs to be updated to reflect this change. • Find out more about the reform Notes Burges Salmon 7