The government has published an update on its planned implementation of the Employment Rights Act 2025. Whilst the majority of the timeline is remaining the same, there have been a few changes that businesses will want to be aware of – with 30th October 2026 becoming a key date for the diary.
So, what does your business need to know?
- What are the key updates to the timeline?
- What other key changes are on the way and when?
- What should I do now?
1. What are the key updates to the timeline?
Of most interest to businesses:
- The extension of employment tribunal time limits is to double from three to six months. The government originally stated that this would take place no earlier than October 2026. As widely expected, this has now been timetabled for 1st October 2026.
- The duty to inform workers of their right to join a trade union and provisions strengthening trade unions’ right of access to workplaces are now timetabled to take effect on 30th October 2026, rather than some unspecified time in that month.
- Provisions making employers liable for third party harassment, for example by customers or contractors, if it occurs in the course of the employee’s employment and the employer fails to take all reasonable steps to prevent it, are also timetabled for 30th October 2026. Likewise, the expansion of the pro-active duty to take reasonable steps to prevent sexual harassment to ‘all’ reasonable steps.
- Measures strengthening tipping law have potentially been pushed back, with the government now stating that they will take effect by the end of 2026. The government had previously indicated that these were expected to take effect in October 2026.
2. What other key changes are on the way and when?
As a reminder, some of the other key changes to be alert to are:
- 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
- Fire and rehire protections are taking effect on 1st January 2027
Measures that will take effect some time in 2027 include:
- The introduction of the right to guaranteed hours for eligible zero hours and ‘low hours’ workers’ and the right to reasonable notice and short notice payments
- Statutory bereavement leave including pregnancy loss
- Changes to flexible working
- Changes to the collective redundancy consultation threshold
- Enhanced dismissal protections for pregnant women and new mothers
The government has stated that “longer-term timings will remain under review as we continue to consult on and develop the details of these policies”.
3. What should I do now?
It is important to keep up to date with forthcoming changes and to identify and consider in good time how they may impact your business and what steps you may need to take. We will continue to provide Legal Updates to businesses in the run up to implementation of the changes. In the meantime, if there is a specific matter you would like to discuss, please don’t hesitate to get in touch as we are happy to help.