Government updates Employment Rights Act implementation timeline

Background

The Department for Business and Trade has published an updated implementation timeline for the Employment Rights Act 2025 and the wider Plan to Make Work Pay programme. The revised timetable confirms the expected commencement dates for the remaining reforms during 2026 and 2027, while noting that future dates remain subject to parliamentary processes and may change.

Key changes

The updated timetable confirms that electronic and workplace balloting for statutory trade union ballots will be introduced by 31 August 2026.

From 1 October 2026, the time limit for bringing most employment tribunal claims will increase from three to six months. (For breach of contract claims in Scottish employment tribunals, the change will take effect on 9 November 2026.)

A significant package of reforms is scheduled for 30 October 2026, including:

• New trade union rights, including strengthened workplace access rights, reforms to recognition procedures and additional protections for trade union representatives;

• Extended protection against detriment for taking industrial action;

• The requirement for employers to take all reasonable steps to prevent sexual harassment;

• The introduction of liability for third-party harassment; and

• The reinstatement of the two-tier code for outsourced private sector workers transferring from the public sector.

The timetable also confirms that the new six-month qualifying period for ordinary unfair dismissal, the removal of the compensatory award cap and the new fire and rehire provisions are expected to come into force in January 2027.

Looking further ahead, the government continues to expect a range of additional reforms during 2027, including guaranteed hours rights, mandatory gender equality and menopause action plans, enhanced dismissal protection for pregnant employees and new mothers, flexible working reforms, changes to the collective redundancy consultation threshold, regulation of umbrella companies and restrictions on the use of non-disclosure agreements in harassment and discrimination cases.

Learning points

Although implementation dates remain subject to parliamentary approval, the updated timetable provides employers with greater certainty about when the remaining reforms are expected to take effect.

With several significant changes due over the next six months, employers should continue preparing for the reforms currently scheduled for autumn 2026 and January 2027.

To keep up with the latest changes to the Employment Rights Act 2025, make sure you bookmark our Act tracker.

For more information or advice, please get in touch with Jess Scott-Dye in our Employment team.