Updated Employment Rights Act implementation timetable sees delays to some key reforms

Key changes from the updated timetable include:

Some major reforms have been delayed to January 2027

A number of high-profile reforms have been pushed back from earlier expected dates to January 2027, including:

• Changes to unfair dismissal rights

• New restrictions on "fire and rehire" practices

• Removal of the unfair dismissal compensatory award cap

• Reduction of the qualifying period for unfair dismissal claims to six months.

Measures already in force

February 2026

• Repeal of most provisions of the Trade Union Act 2016.

• Simplification of industrial action and political fund requirements.

• Greater protection against dismissal for taking industrial action.

• Day-one notice rights for paternity leave and unpaid parental leave.

April 2026

• Day-one paternity leave and unpaid parental leave

• Statutory Sick Pay reforms (including removal of the Lower Earnings Limit)

• Enhanced whistleblowing protection relating to sexual harassment

• Doubling of the maximum period of collective redundancy protective awards

• Bereaved Partners' Paternity Leave

• Voluntary actions plans on gender equality and supporting employees through menopause

• Simplification of trade union recognition process

• Menopause guidance

Measures scheduled for later in 2026

31 August 2026

• Electronic and workplace balloting for trade unions

October 2026 (or no earlier than October)

• Duty on employers to take “all reasonable steps" to prevent sexual harassment

• New liability relating to third-party harassment of employees

• Extension of Employment Tribunal time limits from three to six months

• New trade union access rights and information requirements

• Reforms to access and unfair practices during recognition and derecognition processes

• New rights and protections for trade union representatives and extending protection from detriment for taking industrial action

• Regulations to establish the Fair Pay Agreement Adult Social Care Negotiating Body in England

• Reinstating the two tier code for outsourced private sector employees to ensure no less favourable terms and condition to employees transferred from public sector

End of 2026

• Further tipping law reforms.

Measures moved into 2027

The revised timetable confirms that the largest workplace reforms will be implemented during 2027, including:

• Reduction of unfair dismissal qualifying period to 6 months for dismissals from 1 January 2027 protections

• Fire-and-rehire restrictions

• Zero-hours contract reforms and guaranteed hours provisions

• Flexible working reforms

• Enhanced protections for pregnant employees and new mothers

• Mandatory gender pay gap and menopause action plans

• New bereavement leave rights

• Changes to collective redundancy consultation thresholds.

What this means for employers

Whilst employers now have some additional time to prepare for significant people-management changes, particularly around, contractual changes, policies and guaranteed-hours arrangements, employers should not view this as a pause in reform but a chance to review the practical implications and prepare: significant changes are still on the horizon and will need to be prepared for.

For further guidance for your organisation on preparing for the changes please get in touch.