After much debate the Employment Rights Bill received Royal Assent on 18 December 2025 and so came into law as the Employment Rights Act 2025.

Whilst the changes being introduced by the new Employment Rights Act 2025, will not take effect immediately, the government has issued an updated implementation roadmap. The timeline that all employers need to be aware of is therefore as follows:

18 February 2026

• The repeal of much of the Trade Union Act 2026 will take effect and this will simplify the requirements placed on trade unions relating to industrial action and political funds. These changes will simplify the notice requirements for industrial action and industrial action ballots, extend the protections in place against dismissal for taking industrial action and will remove the 10 year ballot requirement for trade union political funds.
• Employees who are newly eligible for ‘Day 1’ paternity leave and parental leave can give notice of their intention to take such leave to their employers.

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6 April 2026

• The maximum period of the protective award that an employee can receive if their employer fails to meet their consultation obligations in a collective redundancy situation will double from 90 days to 180 days per affected employee.
• The ‘Day 1’ entitlement for eligible employees to take paternity and unpaid parental leave will take effect.
• The provisions strengthening the protections in place for workers who ‘blow the whistle’ on sexual harassment will take effect.
• The Lower Earnings Limit and waiting period on the entitlement to Statutory Sick Pay will be removed.
• The simplification of the trade union recognition process will come into effect.
• Action plans on gender equality and menopause become voluntary.
• The introduction of bereaved partners paternity leave (a non-Employment Rights Act entitlement) also takes effect enabling bereaved fathers and partners to take up to 52 weeks paternity leave if the mother or primary adopter dies within the first year of the child’s life.

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7 April 2026

• The Fair Work Agency will be established.

August 2026

• Trade union members will be able to vote electronically on ballots for industrial action and on union elections.
• The requirement for a 50% turnout for industrial action ballots will also be removed.

October 2026

• The introduction of the new duty on employers to prevent harassment from third parties.
• The duty on employers to prevent sexual harassment in the workplace will be strengthened to a duty to take ‘all’ reasonable steps to prevent such harassment.
• The introduction of a new power to enable regulations to specify what steps that are to be regarded as ‘reasonable’, to determine whether an employer has taken all reasonable steps to prevent sexual harassment.
• Various trade union rights and protections will be introduced or strengthened including the duty to inform workers of their right to join a trade union and strengthening trade unions rights of access.
• Tipping laws will be tightened which will include a requirement on employers to consult with workers or their representatives before creating a tipping policy.
• New measures will be introduced for public sector outsourcing to avoid employers having different terms and conditions for ex-public sector employees.
• The introduction of a new negotiating body for adult social care.

No earlier than October 2026

• The time limit for bringing a claim in the Employment Tribunal will be extended from 3 to 6 months.

1 January 2027

• Reduction of qualifying period required for an employee to bring a claim for unfair dismissal from 2 years to 6 months. In addition, and whilst not included in the new Employment Rights Act itself, the existing cap on compensatory awards applied in unfair dismissal cases will be removed.
• The introduction of the ban on ‘fire and rehire’ practices except in limited circumstances. An updated code of practice to support these changes is also expected in 2027.

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Other measures taking effect in 2027

• Introduction of new rules regulating the use of zero hours contracts and low hour contracts including provisions requiring employers to offer such workers guaranteed hours and entitling them to compensation if shifts are cancelled or otherwise altered on short notice.
• Changes to the consultation thresholds that apply in collective redundancy situations which will require employers to consider the total number of redundancies across their organisation rather than just those taking place at one workplace.
• Changes to flexible working rules will take effect placing additional obligations on employers when refusing requests.
• Protections available for pregnant workers and those returning from maternity leave will be strengthened.
• A new statutory entitlement to bereavement leave (including in cases of pregnancy loss) will be introduced.
• It becomes mandatory for employers to have action plans in place on gender equality and supporting employees through the menopause.
• Further harassment changes will be introduced, meaning the law will specify what ‘reasonable steps’ means when preventing sexual harassment following the changes introduced in October 2026.
• Further trade union changes will be introduced including extending laws that protect trade union members from black listing and the introduction of a new industrial relations framework aimed at helping trade unions and employers work together. Electronic balloting for trade union recognition and derecognition will also be introduced.
• The introduction of regulation of umbrella companies by extending the relevant definitions of agencies to include such companies and thus allow enforcement against them by relevant bodies.

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Given the breadth of the upcoming changes employers need to start preparing for them now and FMGS is available to support you with this process. If you should have any queries please contact Suzanne Mainwaring in our employment team at s.mainwaring@fmgs.co.uk.