Human Resources
Written by Joanne Hughes, Policy & Compliance SpecialistLast reviewed Published

Employment Rights Act 2025 - Updated Timeline and What Employers Must Do

The government updated its Employment Rights Act 2025 implementation timeline on 25 September 2026. Most dates held, but two moved: the duty to tell workers about their right to join a union went from October 2026 to January 2027, and stronger tipping law slipped to "by the end of 2026".

This page sets out where every major change now stands. We keep it updated as the timeline changes, so it is the one to bookmark.

The Timeline at a Glance

DateChangeStatus
18 February 2026Industrial action reforms, including shorter strike notice and automatic unfair dismissal for taking partIn force
6 April 2026Day-one paternity and unpaid parental leave; day-one SSP with no lower earnings limit; 180-day protective award; six-year holiday records duty; voluntary action plansIn force
7 April 2026Fair Work Agency establishedIn force
25 August 2026Electronic and workplace balloting for statutory union ballotsIn force
1 October 2026Tribunal time limits rise from three months to sixIn force
30 October 2026All reasonable steps to prevent sexual harassment; third-party harassment liability; union access and rep protectionsConfirmed date
By the end of 2026Consultation and review duties for tipping policiesMoved from October 2026
1 January 2027Unfair dismissal qualifying period cut to six months; compensation cap removed; fire and rehire protections; right to join a union statementPlanned
Autumn 2027Flexible working refusals must be reasonable, after a set consultation meetingPlanned
2027 (no date yet)Guaranteed hours and shift notice; bereavement leave; mandatory action plans; pregnancy dismissal protection; NDAs; umbrella companiesPlanned, subject to consultation

Every future date is subject to parliamentary process and can still move. The Acas Employment Rights Act hub tracks the same dates.

Already in Force

The April 2026 wave changed several documents most employers hold. Paternity leave and unpaid parental leave became day-one rights, and SSP became payable from the first day of absence at the lower of £123.25 a week or 80% of average weekly earnings.

The maximum protective award for failing to consult on collective redundancies doubled to 180 days' pay. Employers must also keep records showing annual leave and holiday pay compliance for six years, and the new Fair Work Agency enforces those rules.

Two more changes followed in the autumn. Unions have been able to ask for electronic and workplace ballots since 25 August 2026, and since 1 October 2026 most tribunal claims can be brought within six months rather than three.

What Started on 30 October 2026

The duty to prevent sexual harassment rose from reasonable steps to all reasonable steps. On the same day employers became liable for harassment of their staff by third parties, such as customers and suppliers, unless they took all reasonable steps to stop it.

Unions also gain a strengthened right of access to workplaces, with new rights for representatives. Our October 2026 checklist sets out the document changes, and the union access requests guide covers the response procedure.

What Moved in the September Update

The written statement of the right to join a trade union now applies from January 2027, not October 2026. Our right to join a union guide covers what the statement involves.

Tipping law now comes in "by the end of 2026". Hospitality businesses get a little longer to put a consultation process behind their written tipping policy.

January 2027

For dismissals on or after 1 January 2027, the qualifying period for ordinary unfair dismissal drops from two years to six months and the cap on the compensatory award is removed. Staff hired since 1 July 2026 will already have six months' service on that date.

That makes probation the pressure point. Our guides to the six-month qualifying period and probation for July 2026 hires cover the procedures to put in place now.

Dismissing and re-engaging staff to force through contract changes also becomes automatically unfair in most cases from January 2027. See our fire and rehire guide.

2027 Without a Fixed Date

A long list of measures is planned for 2027 with no month attached yet. They include guaranteed hours offers and shift notice for zero and low-hours workers, statutory bereavement leave including pregnancy loss, and mandatory gender equality and menopause action plans for larger employers.

Flexible working refusals will have to be reasonable from autumn 2027, after a set consultation meeting; our guide to the flexible working reasonableness test covers the detail. Pregnant employees and new mothers get stronger dismissal protection, and NDAs that stop workers raising harassment or discrimination become void. The detail of the zero-hours reforms was consulted on until 25 August 2026; our consultation guide covers the options.

What Employers Should Do Now

  1. Now: if you have not already, update your anti-harassment policy to cover third parties, refresh your sexual harassment risk assessment and training records, and set up a procedure for union access requests.
  2. Before 1 January 2027: review probation clauses and review meetings, train managers to document performance concerns, add the right to join statement to your offer pack, and stop any planned fire and rehire exercise for legal advice.
  3. Through 2027: plan the zero-hours, bereavement leave and flexible working policy changes, and watch for the consultation responses that will fix their dates.

How Policy Pros Can Help

We update contracts, handbooks and HR policies as each wave lands, so your documents match the law on the day it changes. Our HR policies and procedures service covers the employment documents, and our policy review service checks what you already have against the current timeline.

For the full list of documents a business needs, see policies every company should have.

Frequently Asked Questions

When was the Employment Rights Act timeline last updated?

The government published its latest timeline update on 25 September 2026. It moved the right to join a union statement to January 2027 and tipping law to the end of 2026; the other autumn dates held.

What changed on 30 October 2026?

Employers must take all reasonable steps to prevent sexual harassment, became liable for harassment of staff by third parties unless they took all reasonable steps, and now face a strengthened union right of access to the workplace.

When does the six-month unfair dismissal qualifying period start?

It applies to dismissals on or after 1 January 2027. The cap on the compensatory award is removed at the same time, and fire and rehire becomes automatically unfair in most cases.

Which Employment Rights Act changes have no date yet?

Guaranteed hours and shift notice, statutory bereavement leave, mandatory gender equality and menopause action plans, the flexible working changes, stronger pregnancy dismissal protection and the NDA rules are all planned for 2027 without a fixed month.

Are tribunal time limits now six months?

Yes. Since 1 October 2026 most employment tribunal claims can be brought within six months of the act complained of, where that act happened on or after 1 October 2026.

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