Employment Rights Act
The Employment Rights Act became law in December 2025, following Royal Assent. The changes it introduces will be implemented in stages across 2026 and 2027, with a number of significant reforms affecting how businesses manage their workforce.
These changes include the introduction of new ‘day one’ rights for employees, alongside increased responsibilities for employers. It is important that businesses understand what is changing, when, and how to prepare.
Members can watch the recording of our recent webinar, delivered in partnership with Birketts here, which outlines the expected timeline and likely implications of the Act.
The British Chambers of Commerce are also offering a free ERA Compliance Review, designed to help you understand exactly what these changes mean for your business and where action may be required.
Employment Rights Act: Implementation Timeline
The timeline below sets out when key provisions of the Employment Rights Act will come into force.
December 2025 (Royal Assent)
Immediate change
- Repeal of the Strikes (Minimum Service Levels) Act 2023
What this means for employers:
Employers with unionised workforces should note the repeal of the Strikes (Minimum Service Levels) Act 2023 and review any internal policies, procedures, or guidance that reference it.
18 February 2026
Trade union reforms and early family leave changes
- Repeal of the great majority of the Trade Union Act 2016, simplifying requirements on trade unions, including in relation to industrial action and political funds
- Removal of the 10-year ballot requirement for trade union political funds
- Simplifying industrial action notices and industrial action ballot notices
- Protections against dismissal for taking industrial action
- Employees that are newly eligible for ‘Day 1’ Paternity Leave and Unpaid Parental Leave can give notice
What this means for employers:
Employers should review policies, procedures and template communications relating to industrial action, trade union engagement, and family leave to ensure alignment with the revised framework.
1 April 2026
Regulatory change
- Repeal of the levy that trade unions and employer associations pay to the Certification Officer
What this means for employers:
This measure is unlikely to have a direct impact on most employers, but it forms part of the wider package of trade union reform.
6 April 2026
Major employment rights changes
- Collective redundancy protective award – doubling the maximum period of the protective award
- ‘Day 1’ Paternity Leave and Unpaid Parental Leave
- Whistleblowing – strengthening protections for workers who report sexual harassment
- Bereaved Partners’ Paternity Leave – up to 52 weeks where the mother or primary adopter dies within the first year
- Statutory Sick Pay (SSP) – removing the Lower Earnings Limit and waiting period
- Action plans on gender equality and supporting employees through the menopause (voluntary)
- Menopause guidance
- Simplifying trade union recognition process
What this means for employers:
This is a key implementation date. Employers should review policies and processes relating to family leave, sickness absence, whistleblowing and collective redundancy, and make sure managers understand the new entitlements and protections.
7 April 2026
New institution
- Establishment of the Fair Work Agency
What this means for employers:
While not creating new substantive rights, the Fair Work Agency will centralise and strengthen enforcement of employment rights, potentially increasing regulatory oversight.
August 2026
Trade union voting modernisation
- Electronic and workplace balloting for statutory trade union ballots
What this means for employers:
Employers with recognised trade unions should be aware that statutory ballots may become easier to administer under electronic and workplace balloting arrangements.
October 2026
Wide-ranging workplace protections
- Bringing forward regulations to establish the Fair Pay Agreement Adult Social Care Negotiating Body in England
- Procurement – two-tier code
- Tightening tipping law
- The duty to inform workers of their right to join a trade union
- Strengthening trade unions’ right of access
- Requiring employers to take ‘all reasonable steps’ to prevent sexual harassment
- Introducing an obligation 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’
- Unfair practices in the trade union recognition process
- New rights and protections for trade union representatives
- Extending protections against detriments for taking industrial action
Also from October 2026:
- Employment tribunal time limits
What this means for employers:
Employers should review workplace policies, particularly those relating to harassment prevention, trade union engagement, and workforce communication. Tribunal processes and record-keeping should also be reviewed in anticipation of revised time limits.
December 2026
- Commencement of the Mandatory Seafarers’ Charter
What this means for employers:
Relevant employers in the maritime sector will need to ensure compliance with the new Charter requirements.
January 2027
Dismissal reforms
- Reduction of unfair dismissal qualifying period to 6 months (for dismissals from 1 January 2027) and uncapping compensatory awards
- Fire and rehire protections
What this means for employers:
Employers should review dismissal procedures, probationary arrangements, and workforce restructuring practices in light of these changes.
During 2027
Further structural reforms
- Action plans on gender equality and supporting employees through the menopause (mandatory)
- Enhanced dismissal protections for pregnant women and new mothers
- Specifying steps that are to be regarded as ‘reasonable’ in preventing sexual harassment
- Extending blacklisting protections
- Industrial relations framework
- Regulation of umbrella companies
- Collective redundancy – consultation threshold
- Flexible working reforms
- Bereavement leave including pregnancy loss
- Ending the use of zero-hours contracts
- Electronic and workplace balloting for recognition and derecognition ballots
- Non-disclosure agreements (NDAs): regulations to prevent the misuse of NDAs in cases of workplace harassment or discrimination
What this means for employers:
These measures are expected to bring further changes to workforce planning, employment protections and working arrangements. Employers should continue to monitor guidance and use 2026 to plan ahead for further reform in 2027.