The government has published an updated timeline for implementing changes under the Employment Rights Act 2025 (ERA 25). This sees the changes restricting employers’ ability to ‘fire and rehire’ being pushed back again – with this now expected to come into force in March 2027.
The timeline has also been updated with further detail on expected commencement dates for 2027 measures. However, no specific timing is given for the introduction of the ‘right to guaranteed hours for zero / low hours workers’, the right to reasonable notice and payment for shifts cancelled or changed at short notice. The government has stated that this will be updated following the consultation process.
So, what are the key things your business needs to know? We take a look at what is ahead that will be of most interest to employers.
- Forthcoming changes 2026
- Looking ahead to January 2027
- Further ahead
Forthcoming changes 2026
30th October 2026 brings changes in relation to harassment:
- The pro-active duty on employers to take reasonable steps to prevent sexual harassment is set to expand to taking ‘all’ reasonable steps. As part of preparing for the change, businesses should assess and identify whether there are any further steps that can be taken to prevent sexual harassment, so that these can be implemented in good time.
- Employers will be liable for harassment of their employees by third parties if the harassment occurs during the course of the employee’s employment and the employer fails to take all reasonable steps to prevent it. A third party could be a customer, client, visitor, contractor for example. Businesses will need to identify and implement all the reasonable steps that they can take to prevent any third party harassment of their employees.
Also from 30th October 2026, a new statutory right will allow any independent trade union to request an access agreement with an employer. It could be for physical and/or digital access to meet, support, recruit or organise workers and to facilitate collective bargaining (but not for organising industrial action).
Looking ahead to January 2027
As you are likely already aware, there will be a reduction of the ordinary unfair dismissal qualifying period to six months for dismissals that take effect on or after 1st January 2027. The removal of the statutory cap on the compensatory award for unfair dismissal is also taking effect on 1st January 2027.
It is always important to seek advice on the facts of your case before you take action such as dismissing an employee, this will be especially so in light of the forthcoming changes particularly as employees can gain sufficient service to claim ordinary unfair dismissal sooner than you may expect due to the way this is calculated.
The duty to inform workers of their right to join a trade union is also expected to come into force on 1st January 2027. You can find out further information on this in an earlier Legal Update.
Further Ahead
Other key changes that are on their way, and when, include:
- March 2027 – fire and rehire protections
- April 2027 – bereavement leave (including pregnancy loss), changes to the collective redundancy threshold
- September 2027 – regulations to prevent the misuse of non-disclosure agreements in cases of workplace harassment or discrimination
- October 2027 – enhanced dismissal protections for pregnant women and new mothers, changes to flexible working
We will keep you updated on developments, in the meantime if you have a HR matter you would like assistance with, please get in touch.