Fire and re-hire protections delayed until January 2027

Background

As part of the Plan to Make Work Pay, the government has published an updated implementation timeline for measures under the Employment Rights Act 2025. That update confirms that the new statutory protections restricting the use of fire and re-hire will come into force in January 2027, rather than October 2026.

The fire and re-hire provisions are designed to limit the circumstances in which employers can lawfully dismiss employees for refusing to agree to changes to their terms and conditions, and to strengthen protections against dismissal and detriment in this context.

What this means

The revised timetable makes clear that the full fire and re-hire regime, including the new statutory protections, will apply to dismissals taking effect from January 2027. Employers therefore have a longer lead-in period before the restrictions take effect, but the substance of the reforms remains unchanged.

Learning points for employers

The delay to January 2027 gives employers additional time to prepare for the new fire and re-hire protections, but it does not alter the direction of travel. Employers should continue to plan on the basis that dismissal and re-engagement will be significantly constrained once the new regime is in force, and should use the extended lead-in period to review their approach to contractual change, consultation and risk management.

For more information or advice, please contact Jessica Scott-Dye in our Employment team.