Employment Rights Act 2025: updated implementation timetable from August 2026 onwards

On 7 August, the Government published its updated implementation timetable for upcoming changes under the Employment Rights Act 2025.

Some changes remain subject to consultation and secondary legislation and so some of the implementation dates are not set in stone. However, this update gives employers a clearer planning framework for significant changes coming into effect this year and early next year.

We now have more certainty on the implementation dates in some cases, including some trade union reforms, the extension of employment tribunal time limits, tightening of the sexual harassment preventative duty, provisions relating to harassment by third parties, changes to unfair dismissal rights and “fire and rehire” reforms.

There is still uncertainty on the implementation dates for changes expected in 2027, including those on flexible working decisions, workforce-wide collective redundancy thresholds, guaranteed hours rights for zero hours and low hours workers, bereavement leave and restrictions on the misuse of non-disclosure agreements.

Upcoming implementation dates

·       25 August 2026: electronic and workplace balloting

Statutory trade union ballots, which include ballots for industrial action, will be permissible by electronic and workplace balloting from this date. Currently these ballots must take place by post which can impact on turnout. This change is likely to increase turnout and make participation in industrial action ballots more accessible.

·       1 October 2026: extension of Employment Tribunal claim time limits

The time limit for bringing an Employment Tribunal claim will increase from three months to six months. This is a significant change for employers. It will lengthen the period during which claims may be brought and may lead to a longer window for potential settlement. It will also increase the importance of careful record keeping with documents needing to be retained for longer after employment issues arise. We understand this will not be retrospective and will impact on claims where the cause of action arises on or after 1 October 2026.

·       30 October 2026: further trade union reforms

The following trade union-related reforms will come into effect at the end of October:

• The duty on employers to inform workers of their right to join a trade union in the section 1 statement of written terms and at other prescribed times. Regulations will set out when this information must be provided, the information that must be included in the statement and the form which the statement must take.

• Establishing a process for eligible trade unions to seek access to the workplace and a Central Arbitration Committee procedure to resolve disagreements between employers and trade unions on terms of access.

• Changes and new protections for trade union representatives in relation to facilities arrangements.

• Protection against detriments for taking industrial action.

• 30 October 2026: harassment under the Equality Act 2010

  • Employers will be required to take ‘all reasonable steps’ to prevent sexual harassment of their employees and workers, including by third parties, in the course of their employment. This represents a higher standard than the current duty to take ‘reasonable steps’. Future regulations will set out specific steps which will be deemed reasonable, although these will not be comprehensive and employers will need to determine and take all steps which are reasonable given the relevant context.

  • Individuals will be able to bring claims against their employer for harassment in the course of employment by third parties in relation to all relevant protected characteristics where the employer has failed to take all reasonable steps to prevent that harassment.

• 30 October: Fair Pay Agreement Adult Social Care Negotiating Body

  • Regulations will be made to establish the Fair Pay Agreement Adult Social Care Negotiating Body in England. Negotiations for the financial year 2028 to 2029 are expected to begin around April 2027. The first pay agreement is expected to come into effect in April 2028.

• 30 October: Public sector outsourcing two-tier workforce code

• Ensuring outsourced private and third sector employees are offered no less favourable terms and conditions to employees transferred from the public sector, and vice versa, preventing a so-called “two-tier workforce” post transfer.

• 1 January 2027: Unfair dismissal right changes

• Reduction of the unfair dismissal qualifying period from two years to six months, where the effective date of termination (EDT) is on or after 1 January 2027. Employers should note that statutory notice must be taken into account when determining the EDT.

• Removing the cap on compensatory awards for unfair dismissal where the EDT is on or after 1 January 2027.

• Reducing the qualifying period for the right to a written statement of the reasons for dismissal from two years to six months.

• Removing the minimum service requirement for unfair dismissal claims relating to spent convictions unless the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 applies. Claims for unfair dismissal for this reason will be able to be brought from day one.

• January 2027: dismissal and re-engagement protections

  • Dismissals for refusing to agree most changes to an employment contract will be automatically unfair unless the employer is experiencing financial difficulties which impact on its ability to carry on the business as a going concern. Such claims will be available from day one of employment.

Changes that are expected to take effect in 2027

We do not yet have further detail on dates for implementation of the following changes under the Employment Rights Act 2025. However, employers should already be factoring these into their medium-term planning and keeping a watching brief.

• Action plans on gender equality and supporting employees through the menopause are currently voluntary but will become mandatory for larger employers – see the link to our upcoming free online event on this topic below

• Enhanced dismissal protections during and after pregnancy and statutory family leave

• Flexible working – requirement for any refusal of a request to be reasonable

• Bereavement leave including pregnancy loss

• Collective redundancy – adding a workforce-wide collective consultation threshold

• Employer’s duty to offer zero hours and low hours workers guaranteed hours, along with the right to reasonable notice of shifts and cancellation or curtailment of shifts and short notice payments

• Extending blacklisting protections

• Further changes to the industrial relations framework

• Electronic and workplace balloting for trade union recognition and derecognition ballots

• Regulation of umbrella companies

• Regulations to prevent the misuse of non-disclosure agreements (NDAs) in cases of workplace harassment or discrimination

Next steps for employers

Each organisation will have its own key priorities and areas of risk when it comes to the sweeping changes under the Employment Rights Act 2025, but the following are likely to be at the forefront of action plans for employers:

1. Review contractual probation periods and probation review procedures along with policies which refer to different application processes during probation – for example disciplinary policies. Consider whether probation periods will need to be shorter and more actively managed.

2. Review family leave and sickness absence policies to ensure they reflect the changes which came into effect earlier this year – see our previous article for more detail: Employment Rights Act 2025: changes in force from April 2026 - Wrigleys Solicitors LLP.

3. Review your equality action plans, including supporting those who are going through menopause and attend our upcoming online briefing for more detail: Employment Law Briefing: Menopause in the Workplace - Wrigleys Solicitors LLP.

4. Review your arrangements for employee and trade union engagement to prepare for potential trade union recognition requests and other changes. See our previous article for more detail: Essential update for employers on changes to trade union law under the Employment Rights Act 2025 - Wrigleys Solicitors LLP.

5. Review your policies and practices for preventing sexual harassment and other forms of harassment, including by third parties, and consider putting in place further steps to prevent such harassment and to deal with harassment effectively when it occurs.

6. Where changes to contractual terms may be needed in the short term, seek early legal advice on decision making and relevant processes as changing terms by dismissal and re-engagement already represents a significant risk for employers even before the new regime comes into effect. See our previous article for more detail on this topic: Employment Rights Act 2025: new fire and rehire protections put back to January 2027 - Wrigleys Solicitors LLP.

7. Review your use of zero hours and low hours contracts and consider the impact of the duty to offer guaranteed hours on your organisation. See our previous article for more detail on this topic and the current consultation which comes to an end on 25 August 2026: Employment Rights Act 2025: consultation on reforms to zero hours and low hours contracts - Wrigleys Solicitors LLP.

8. Review your flexible working request policies and procedures to prepare for the increased detail which will be needed when explaining a decision to refuse a request. See our previous article for more detail: Employment Rights Act 2025: consultation on changes to flexible working requests - Wrigleys Solicitors LLP.

If you would like to discuss any aspect of this article further, please contact our Employment team on 0113 244 6100. 

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The information in this article is necessarily of a general nature. The law stated is correct at the date (stated above) this article was first posted to our website.

Specific advice should be sought for specific situations. If you have any queries or need any legal advice, please feel free to contact Wrigleys Solicitors.