Top 10 HR Policies You Must Update Before the Employment Rights Bill Comes into Force

With the Employment Rights Bill set to come into force in 2026, many employers are reviewing their HR policies to ensure they remain compliant, consistent and fit for purpose.

While some policies may only require minor updates, others will need more careful attention to reflect changing employee rights, expectations and employer responsibilities. Keeping policies up to date isn’t just about compliance – it also plays a key role in creating a fair and transparent employee experience.

Below are ten HR policies employers should review and update ahead of the Employment Rights Bill coming into force.

1. Sickness Absence Policy

Sickness absence is one of the most closely scrutinised areas of employment law. Policies should clearly outline how absence is reported, recorded and managed, ensuring fair and consistent treatment for all employees.

With greater focus on employee rights, clarity around sickness absence procedures is essential.

2. Statutory Sick Pay Policy

SSP remains a key employer responsibility and is closely linked to absence management. Employers should ensure SSP policies clearly explain eligibility, payment processes and employee entitlements.

Any ambiguity around SSP can lead to confusion, disputes and compliance risk – particularly as expectations increase under the Employment Rights Bill.

3. Absence Management Procedure

Beyond policy wording, employers should review how absence is managed in practice. This includes triggers, monitoring processes and escalation steps.

A clear and well-communicated absence management procedure helps ensure decisions are applied consistently and fairly.

4. Flexible Working Policy

As employee expectations around flexibility continue to evolve, flexible working policies should reflect current rights and organisational practices.

Clear guidance helps manage requests fairly while supporting employee wellbeing and work-life balance.

5. Equality, Diversity and Inclusion Policy

The Employment Rights Bill reinforces the importance of fair treatment at work. EDI policies should be reviewed to ensure they support inclusive practices and align with wider organisational values.

Well-defined policies help demonstrate commitment to equality while reducing risk.

6. Health and Wellbeing Policy

Health and wellbeing policies are increasingly intertwined with absence and employee support. Employers should ensure these policies clearly outline available support and how wellbeing concerns are addressed.

This can play an important role in prevention as well as support during periods of ill health.

7. Return-to-Work Policy

Return-to-work processes are a key part of effective absence management. Policies should outline how employees are supported back into work following sickness absence.

Structured, supportive return-to-work processes help reinforce trust and consistency.

8. Disciplinary and Capability Policy

Policies covering disciplinary and capability processes should be reviewed to ensure they are fair, transparent and aligned with current employment rights.

Clear separation between sickness absence and performance concerns is particularly important.

9. Manager Guidance and Responsibilities

Many policy failures stem from inconsistent application rather than poor policy design. Employers should review the guidance provided to managers to ensure they understand their responsibilities under updated policies.

Consistency is critical as employee awareness of rights continues to grow.

10. Employee Handbook

Finally, employers should review their employee handbook. Individual policy updates should be reflected clearly and consistently across all documentation.

A well-maintained handbook helps ensure employees understand their rights and what to expect from their employer.

Preparing Your Policies for 2026

With the Employment Rights Bill approaching, now is the time for employers to review and refresh their HR policies. Early preparation allows organisations to identify gaps, improve clarity and reduce the risk of non-compliance.

Updating policies isn’t just a compliance exercise – it’s an opportunity to create clearer, fairer and more supportive experiences for employees.