Employment Law Changes in April 2026: What Employers in Sport Need to Know

Lowering the bar to Statutory sick pay (SSP): SSP will be paid from the first day of illness, instead of the fourth day. For employers who currently pay nothing to employees who are off sick for short periods (e.g. for one or two days off), they will now need to pay at least the SSP rate from the first day of absence. Employers should review their current sick pay practices to assess the potential costs of the additional payments and to ensure their payroll systems can manage the extra administration.

The change will also affect athletes who employ staff personally. For example, the athlete who personally employs a nanny may now need to pay for any days off sick from the first day of absence.

Whistleblowing protections for sexual harassment disclosures: Sexual harassment will become a ‘qualifying disclosure’ under whistleblowing laws, providing protection from detrimental treatment and unfair dismissal for whistleblowers making a sexual harassment disclosure. Further reforms will follow in October 2026 to increase the obligations on employers to prevent sexual harassment in the workplace.

Sport is an industry where allegations of sexual harassment unfortunately remain common. Employers should consider providing training to management and staff who may be involved in investigating or handling any sexual harassment complaints to ensure that any individual disclosing concerns is not mistreated.

Increased compensation for failures to collectively consult on redundancies: The maximum “protective award” payable where employers have failed to meet the requirements of collective consultation in large scale redundancies (currently triggered by 20 or more proposed redundancies at one establishment over a 90-day period) will double from 90 to 180 days’ gross pay per employee. For employers looking to significantly reduce employee headcount, such as a relegated club, the financial risks of getting consultation wrong have substantially increased.

Simplification of Trade Union recognition process:  Where an employer refuses to recognise a union voluntarily, the ERA is making it easier for unions to obtain statutory recognition from the Central Arbitration Committee (CAC). The changes, which will be followed by further reforms in October 2026, include abolishing the requirement for at least 40% of the workforce in the proposed bargaining unit to vote in favour of recognition.

Workforces in sport are unique. They generally include a mixture of employees and other staff types (e.g. large numbers of casual staff on matchdays) and are often subject to seasonal fluctuations in headcount. Whilst player representation by player unions is nothing new, making access to trade unions easier means that employers in sport may need to be more prepared to negotiate working arrangements for other areas of their workforce with unions on a collective basis.

Enhanced family policies: From this month, employees will benefit from the enhanced family rights below. Whilst these are unlikely to be used by athletes (who often choose to continue playing in men’s sport or who may be subject to bespoke policies in women’s sport), they will be relied on by more conventional staff:

• Paternity and ordinary parental leave will become a ‘day one’ right with no requirement for any length of service (currently 26 weeks and one year respectively).
• Eligible fathers and partners will be able to take up to 52 weeks of unpaid bereaved partner’s paternity leave if the mother or primary adopter dies.

Fair Work Agency (FWA) established:  The FWA will be a new single body with powers to investigate workplaces and enforce compliance with employment laws. Its specific powers will include the ability to require employers to produce evidence to demonstrate compliance with employment laws, issue penalties for non-compliance and bring Employment Tribunal proceedings on a worker’s behalf. The FWA’s enforcement powers will be implemented in phases, but from 7 April it will have powers to regulate and enforce compliance in respect of employment agencies, the National Minimum Wage and modern slavery.

At Onside, we are keeping up to date with developments on the ERA and helping our clients to prepare. If you have any questions, please get in touch.