Employment Rights Act 2025 – Updated Roadmap

The Employment Rights Act 2025 has now become law and the Government has released an updated implementation timetable. All employers should now be reviewing their policies and procedures to ensure they are complying with the upcoming changes. This update draws together the latest confirmed and ‘no earlier than’ dates outlined by the Government.

Already in Force

Several provisions took effect on, or shortly after, Royal Assent. These included:

• Repeal of the Strikes (Minimum Service Levels) Act 2023 and substantial repeal of the Trade Union Act 2016, restoring more permissive industrial action conditions.
• Initial trade union modernisation measures, including extended ballot mandates and simplified notice requirements.

These early changes are already in force and require employers, particularly in unionised sectors, to update industrial relations strategies.

In force from April 2026

April 2026 remains a core implementation point in the Government’s updated plan, with day-one rights at the top of the agenda, closely followed by further family-related protections. Expected to commence in April are:

• Statutory Sick Pay becomes a day‑one entitlement on 6 April, with the removal of the Lower Earnings Limit and the waiting period.
• Paternity Leave and Unpaid Parental Leave also become day‑one rights on 6 April.
• The Fair Work Agency (FWA) formally launches on 7 April 2026. It will consolidate enforcement functions including the NMW, agency worker rules, and (in the future) holiday pay enforcement.

Employers should expect new guidance, enforcement priorities, and information‑sharing powers to come online progressively after this date.

Summer 2026

The Government is continuing to run consultations through 2026 on several technical areas of the Act. Final rules are expected to be published in the summer, including:

• Holiday pay enforcement processes transitioning to the FWA.
• Collective redundancy consultation thresholds, which will be partly set through secondary legislation.

Although these measures may begin to phase in during 2026, most will align with the October commencement date below.

Originally expected in October 2026, the introduction of Electronic balloting and Workplace balloting for trade unions will now take effect ‘no earlier than August 2026’. This reflects a more gradual transition to digital balloting systems and is intended to give unions and employers additional time to adjust technically and procedurally.

October 2026

The original Government roadmap placed a significant number of reforms into force in October 2026. However, the latest updates now indicate that this date is less certain for some measures.

Likely October 2026 commencement:

• Strengthened collective redundancy rights, including the potential new ‘organisation‑wide’ redundancy threshold.
• Expanded harassment protections, including third‑party harassment obligations and ‘all reasonable steps’
• Whistleblowing enhancements, including express protection for disclosures relating to sexual harassment.
• Gender pay gap and menopause action plans for larger employers.
• Non‑disclosure agreement (NDA) restrictions concerning harassment and discrimination.

Although originally expected in October 2026, the new Government wording states that the increase of tribunal limitation periods from three to six months will take effect “no earlier than October 2026”. This creates scope for deferral into 2027.

In force in 2027

Unfair Dismissal Reforms

A major shift in the updated timeline is the move of two headline reforms to January 2027:

• Reduction of the unfair dismissal qualifying period to six months (down from two years).
• Removal of the compensatory award cap in unfair dismissal cases.

These changes substantially expand dismissal‑related risk exposure. Employers should expect updated ACAS guidance and tribunal practice directions ahead of implementation.

Fire and Rehire Measures

Perhaps the most significant slippage in the new timetable concerns the provisions designed to restrict “fire and rehire” and “fire and replace” practices. These changes (previously anticipated in October 2026) are now expected to commence in 2027.

Under the new regime, dismissals for failure to agree to certain contractual changes will become automatically unfair except in limited circumstances involving severe financial distress. Employers should therefore consider reviewing their management procedures well ahead of 2027.

Other Measures Rolling Out Through 2026/2027

Across the two‑year period, the following will also come into force on a phased basis:

• Zero hours contracts reforms, including rights to guaranteed hours, reasonable notice of shifts, and compensation for short‑notice cancellations.
• Strengthened tipping laws, with consultation requirements for tipping policies.
• Two‑tier workforce code reinstated for outsourced contracts.
• Seafarers’ Charter regulations.
• Updated blacklisting protections and trade union access rights.
• Regulation of umbrella companies brought within the Employment Agencies Act framework.

Exact dates for some of these will follow secondary legislation and may align with either April or October commencement cycles.

Conclusion

The Employment Rights Act 2025 represents one of the biggest changes to UK employment law in recent history. With several changes accelerating, others drifting, and major reforms now confirmed for early 2027, we will be discussing what actions should be reasonably taken by employers ahead of these changes taking effect and what action can be taken to ensure your business is protected.

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This article aims to supply general information, but it is not intended to constitute advice. Every effort is made to ensure that the law referred to is correct at the date of publication and to avoid any statement which may mislead. However, no duty of care is assumed to any person and no liability is accepted for any omission or inaccuracy. Always seek advice specific to your own circumstances. Fraser Dawbarns LLP is always happy to provide such advice.