Employment Rights Act 2025: Government Update on Timeline for Implementation 

The government has published an updated timeline for implementing changes under the Employment Rights Act 2025 (ERA 25). Whilst most of the changes are expected to be implemented as originally planned, there are a couple of alterations that are likely to be welcomed by businesses.

Changes restricting employers’ ability to ‘fire and rehire’, which were expected to come into force in October 2026, have now been pushed back to 2027. The doubling of employment tribunal time limits for bringing most claims may also be coming in later than anticipated – it too was due to be implemented in October 2026, but the revised timeline now says “no earlier than October 2026”, so this will be an area to watch.

With so many employment law changes ahead, it can be hard to keep track. With this in mind, we take a look at some of the key developments under the revised timetable and otherwise.

1. Key developments under the ERA 25
2. Some other changes ahead 
3. Next steps

1. Key developments under the ERA 25

February 2026 

From 18^th February 2026, employees who are ‘newly eligible’ for ‘day 1’ paternity leave and parental leave can give notice.

6^th April 2026 

• For employees whose child’s expected week of birth is on or after 5th April 2026, whose child is born on or after 6th April 2026 or where a child is placed with the adopter on or after 6th April 2026, the length of service requirement is removed for statutory paternity leave, and there is no longer a restriction on taking it after shared parental leave

• The length of service requirement is removed for parental leave 

• Whistleblowing protection is strengthened for those who blow the whistle on sexual harassment – the definition of the types of wrongdoing that count as a qualifying disclosure will be expanded to include “that sexual harassment has occurred, is occurring or is likely to occur”. This makes the position more explicit than is currently the case.

• Changes will be made to statutory sick pay (SSP); the 3-day waiting period will be removed, making it available from the first day of absence, and the lower earnings limit will be removed. The rate of SSP will be the lower of the prescribed weekly rate or 80% of the employee’s normal weekly earnings

• The maximum protective award for failing to follow collective redundancy consultation rules will double from 90 to 180 days’ pay per employee. 

7^th April 2026 

A new enforcement body, the Fair Work Agency, will be established. 

October 2026 

Changes include:

• A new duty to inform workers of their right to join a trade union 
• The strengthening of trade unions’ right of access 
• An obligation on employers not to permit the harassment of their employees by third parties 
• A requirement for employers to take ‘all reasonable steps’ to prevent sexual harassment of their employees 
• The introduction of a power to enable regulations to specify steps that are to be regarded as ‘reasonable’, to determine whether an employer has taken all reasonable steps to prevent sexual harassment 

No Earlier Than October 2026 

• The extension of employment tribunal time limits to six months 

Measures That Will Take Effect in January 2027 

• The qualifying period for ordinary unfair dismissal will be reduced from two years of continuity of service to six months from 1 January 2027. This means that any employee whose dismissal takes effect on or after that date, and who has at least six months’ continuous service at the date of their dismissal, will be able to bring a claim for ordinary unfair dismissal. We will be providing a further update on this area in due course.
• Statutory caps on compensation for unfair dismissal will also be removed
• ‘Fire and rehire’ restrictions will take effect 

Measures That Will Take Effect in 2027 

• A new right to bereavement leave, including pregnancy loss
• Enhanced dismissal protections for pregnant women and new mothers  
• Specifying steps that are to be regarded as ‘reasonable’, to determine whether an employer has taken all reasonable steps to prevent sexual harassment
• Guaranteed hours offers for zero / low-hour workers
• Changes to the collective redundancy consultation threshold 

2. Some other changes ahead 

It’s not just changes under the ERA 25 that businesses need to be alert to:

• Remember, annual increases to statutory family leave rates and the prescribed rate of SSP are also on their way in April. You can find out more about these in our earlier Legal Update.
• From 1 April 2026, the National Minimum Wage will increase, with the rate for workers aged 21+ rising to £12.71 per hour. The 18-20 age group rate rises to £10.85, and the 16-17 and apprentice rates increase to £8.00 (when it comes to NMW and apprentices, bear in mind that the apprentice rate applies for apprentices under 19 and those aged 19 and over in the first 12 months of their apprenticeship)
• Bereaved Partner’s Paternity Leave is also expected. As you may remember from our earlier Legal Update, in outline, this will enable bereaved fathers and partners to take up to 52 weeks of bereaved partner’s paternity leave if the mother or primary adopter dies within the first year of the child’s life/placement for adoption. According to the government’s timeline, this is expected to come into force on 6^th April 2026 (although the draft regulations are currently awaiting Parliamentary approval). 

3. Next steps 

As part of your business’s preparations for the changes, it will be important to keep up to date with developments, including government consultations, as we move throughout the year. 

The government has just launched a consultation on which expenses, benefits, and shift changes should be ‘covered’ by new fire and rehire protections. If you wish to have your say, you can do so here. 

If you need help with an HR matter in your business, please don’t hesitate to get in touch, as we are happy to help.