Government issues updated Implementation Roadmap for the Employment Rights Act

It is worth noting that the government had previously committed to using the 6 April and the 1st October as common commencement dates for bringing provisions into force. This was a very welcome development as this provided some certainty when planning for changes to employment law practices, policies and procedures. The new implementation timeline however, has strayed away from these dates, with changes becoming effective on the 7th April 2026 and in January 2027. It will therefore be vital to keep abreast of developments.

Many of the changes identified in the implementation timeline will require commencement regulations. In addition, the government have committed to consulting on many of the provisions contained in the Employment Rights Act 2025. This may therefore mean that there is the possibility that the timeline may slip, creating some uncertainty for organisations. We have identified in the timeline below, where some of the provisions have been delayed, or their implementation date has changed.

 The updated  implementation timetable is as follows:

18th February 2026

• The right to give notices in relation to day one paternity and parental leave rights (which are coming into force on 6 April 2026)

• Day one paternity leave rights in cases where the mother or adopter has died

• The repeal of the great majority of the Trade Union Act, thereby “simplifying requirements on trade unions, including in relation to industrial action and political funds.”

• Removing the 10-year ballot requirements for trade union political funds

• Simplifying industrial action notices and industrial action ballot notices

• Protections against dismissal for taking industrial action.

6th April 2026

Regulation 4 of the Commencement No 1 Regulations brings the following into force on 6th April 2026:

• Day-one unpaid parental leave

• Day-one paternity leave, and the ability to take paternity leave after a period of shared parental leave

Under transitional provisions set out in Schedule 1 to the Commencement No 1 Regulations, the paternity leave provisions only apply in relation to:

• Children born on or after 6 April 2026

• Children born prior to 6 April but whose expected week of childbirth starts on or after 5 April 2026

• Children placed for adoption on or after that date (or who enter Great Britain on or after that date in an overseas adoption case)

• Children whose primary carer dies on or after that date (regardless of the date of birth, EWC or placement).

6 April 2026

• Sexual harassment: strengthening protection for workers who “blow the whistle” on sexual harassment, so that the definition of qualifying disclosure will include a disclosure that sexual harassment “has occurred, is occurring or is likely to occur.”

• Increase to the collective redundancy protective award – this will double the maximum period to 180 days’ pay

• Statutory Sick Pay – the removal of the waiting period and removal of the Lower Earnings Limit

• Simplifying trade union recognition process

Plus the following voluntary measures:

• Action plans on gender equality and supporting employees through the menopause

• Menopause guidance

7 April 2026

• The establishment of the Fair Work Agency (it is unclear when enforcement powers will come into force)

August 2026

• Electronic and workplace balloting for Statutory Trade Union Ballots

October 2026

We are awaiting commencement regulations for:

• Bringing forward regulations to establish the Fair Pay Agreement Adult Social Care Negotiating Body in England

• Duty on employers to take “all reasonable steps” to prevent sexual harassment of their employees

• Duty on employers not to permit the harassment of their employees by third parties

• Introducing a power to enable regulations to specify steps that are to be regarded as “reasonable” to determine whether an employer has taken all reasonable steps to prevent sexual harassment

• Tightening tipping law

• Public sector outsourcing (amending the Procurement Act to re-introduce the two-tier workforce code)

• The duty to inform workers of their right to join a trade union

• Strengthening trade union’s right of access

• New rights and protections for trade union representatives

• Extending protections against detriments for taking industrial action

• Protection against unfair practices in the trade union recognition process 

No earlier than October 2026

• Employment tribunals: extending time limits (NOTE this was expected in October 2026)

December 2026

• Commencement of the Mandatory Seafarers’ Charter

January 2027

• Reduction of unfair dismissal qualifying period to 6 months, for dismissals from 1st January 2027, and uncapping compensatory awards.

• Dismissal and re-engagement (fire and re-hire) protections (NOTE this was expected in October 2026)

Expected in 2027

• Equality action plans on gender equality and supporting employees through the menopause (mandatory)

• Enhanced dismissal protections for pregnant women and new mothers (NOTE there is no reference here to dismissal during or after statutory family leave – it is not clear if this is deliberate)

• Specifying steps that are to be regarded as “reasonable”, to determine if an employer has taken all reasonable steps to prevent sexual harassment (NOTE this is after the duty to take all reasonable steps takes effect in October 2026)

• Extending blacklisting protections

• Industrial relations framework

• Regulation of umbrella companies

• Threshold number of employees for collective consultation

• Flexible working

• Bereavement leave including pregnancy loss

• Ending the exploitative use of zero hours contracts – introducing the right to guaranteed hours and the right to reasonable notice and short notice payments

• Electronic and workplace balloting for recognition and derecognition ballots

Expected in 2027/28 (no known commencement date)

• Working time records

• Banning NDAs in discrimination and harassment cases