Employment Rights Act: Updated Implementation Timeline
- Gu Legal
- 6月24日
- 讀畢需時 5 分鐘
The Employment Rights Act 2025 received Royal Assent on 18 December 2025, marking the most significant reform to UK employment law in a generation. With a phased implementation extending through 2027, employers must prepare for a steady stream of changes that will reshape workplace rights and obligations. Below is the anticipated timeline[i] based on the Government's implementation roadmap and subsequent updates.
February 2026-Trade Union Reforms (Effective 18 February 2026)
The first substantive reforms came into force, simplifying trade union requirements:
Repeal of the majority of the Trade Union Act 2016
Removal of 50% turnout and 40% support thresholds in industrial action ballots
Reduction of industrial action notice period from 14 to 10 days
Extension of strike ballot mandate validity from 6 to 12 months
Enhanced protection from dismissal for taking part in protected industrial action, with the 12-week limit removed
April 2026 -Wave of Day-One Rights & Reforms
6 April 2026
Collective Redundancy Protection Awards: The maximum protective award for failure to inform and consult on collective redundancies will double from 90 to 180 days' pay.
Family Leave Rights: Paternity leave and unpaid parental leave become “Day-1” rights, removing length of service requirements.
Statutory Sick Pay (SSP): SSP becomes payable from the first day of sickness, removing the 3-day waiting period, and the Lower Earnings Limit qualifying threshold is removed.
Whistleblowing-Sexual Harassment: Sexual harassment is added to the list of qualifying protected disclosures for whistleblowing purposes.
Annual Leave Records: Employers will be required to maintain records relating to annual leave and holiday pay.
Trade Union Recognition: The trade union recognition process is simplified.
Action plans on gender equality and supporting employees through the menopause (voluntary)
Menopause guidance
7 April 2026
Fair Work Agency (FWA): The FWA is established as a new statutory enforcement authority, bring together enforcement functions including minimum wage, statutory sick pay, holiday pay and labour exploitation. It is expected to become fully operational by 2027.
19 June 2026
Data (Use and Access) Act 2025: Organisations required to have complaints procedure for data subjects.
August 2026
ERA 2025: electronic and workplace balloting for Statutory Trade Union Ballots
October 2026
The trade union measures include:
the duty to inform workers of their right to join a trade union
strengthening trade unions’ right of access
dealing more effectively with unfair practices in the trade union recognition and derecognition process
new rights and protections for trade union representatives
extending protections against detriments for taking industrial action
The harassment measures include:
Third-Party Harassment: Introducing an obligation on employers not to permit the harassment of their employees by third parties. Employers become liable for harassment of employees by third parties (including clients, customers, and contractors) across all protected characteristics under the Equality Act 2010.
Sexual Harassment- “All Reasonable Steps”: The duty to prevent sexual harassment is raised significantly. Employers must now take ‘all reasonable steps’ to prevent sexual harassment of their employees (previously “reasonable steps”). The additional of “all” sets a higher bar. A statutory defence remains available but will be harder to establish. Regulations are expected to specify what constitutes “reasonable steps”.
Employment Tribunal Time Limits: The time limit for bringing an employment tribunal claim will increase from 3 to 6 months, though this is expected no earlier than October 2026.
Wider measures include:
bringing forward regulations to establish the Fair Pay Agreement Adult Social Care Negotiating Body in England
procurement – reinstating the two-tier code to ensure outsourced private sector employees are offered no less favourable terms and conditions to employees transferred from the public sector
tightening tipping law
introducing Seafarer Protection Regulations- measures that will take effect in December 2026.
1 January 2027- Unfair Dismissal & Fire and Rehire
Unfair Dismissal Reform: The qualifying period for ordinary unfair dismissal rights reduces from two years to six months. The statutory cap on unfair dismissal compensation (currently 52 weeks' pay or £118,223, whichever is lower) is removed – compensation is now potentially unlimited.
This means any employee with six months' service from 1 January 2027 will have unfair dismissal protection, and senior employees will present significantly higher litigation risk given the removal of the cap.
Fire and Rehire: Dismissal of an employee for refusing to agree to a "restricted variation" (relating to pay, hours, holidays, shift patterns, or pensions) will become automatically unfair, except in limited financial distress circumstances. This was delayed from October 2026 following consultation.
2027-Remaining Reforms (Implementation Dates to be Confirmed)
The following measures are expected to be implemented during 2027:
Zero Hours Contracts: Introduction of the right to guaranteed hours and the right to reasonable notice and short notice payments. Reforms to increase security and predictability of workers' hours and earnings, including rights to guaranteed hours.
Flexible Working: Employers must act reasonably when determining the reason for refusing a flexible working request and communicate this rationale
Pregnancy Protection: Enhanced dismissal protections for pregnant employees and new mothers, potentially including a complete ban on dismissals during pregnancy, maternity leave, and for a period after return, except in limited circumstances.
Bereavement Leave: A new statutory bereavement leave entitlement, including for pregnancy loss
Collective Redundancy Consultation: Changes to the thresholds triggering collective consultation obligations (under consultation until 21 May 2026)
Equality Action Plans: Employers with 250+ employees will be required to produce action plans focused on gender pay gap and menopause support. Actions plans on gender equality and supporting employees though the menopause (mandatory).
Guidance on preventing sexual harassment: Commencement of regulations which will set out specific steps that employers must take to prevent sexual harassment – the regulations will only be made following consultation, and the steps will complement, not replace, broader legislation and guidance.
Extending blacklisting protections
Industrial relations framework
Regulation of umbrella companies
Non-disclosure agreements (NDAs): Regulations to prevent the misuse of NDAs in cases of workplace harassment or discrimination. Provisions in non-disclosure agreements will be void where they prevent workers from speaking out about harassment or discrimination, or the employer's response to such allegations.
Ongoing Consultation
Several key reforms remain subject to consultation, meaning final implementation dates and operational details may change:
Consultation Topic | Closing Date |
Threshold for collective redundancy obligations | 21 May 2026 |
Fire and rehire: expenses, benefits, and shift patterns | 1 April 2026 |
Misuse of NDAs in harassment/discrimination cases | 8 July 2026 |
Flexible working: consultation requirements | 30 April 2026 |
Get Expert Guidance
The Employment Rights Act 2025 introduces the most significant changes to UK employment law in decades. With multiple implementation phases, ongoing consultations, and increased tribunal risks, early preparation is essential.
If you have any further questions or specific enquiry, please contact our Employment Law team today to discuss how these reforms affect your business and how we can help you navigate the transition.
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