Employment Rights Act roadmap — what’s changing & when

Originally published on 18 December 2025 and updated on 11 February 2026.

The Employment Rights Act (ERA) is the most significant overhaul of workplace rights in decades. While the Government’s initial roadmap and more recent timeline update allow time for consultation and, in some cases, the introduction of regulations to provide much‑needed detail on how the new laws will work, it’s crucial that employers start planning now.

Here, Amber Ward breaks down what’s changing, when it’s happening and how you can prepare. 

Royal Assent & immediate changes 

With the granting of Royal Assent on 18 December 2025, the Strikes (Minimum Service Levels) Act 2023 and most provisions of the Trade Union Act 2016 have been — or will soon be — repealed. From 18 February 2026, the requirements for industrial action notices will be simplified and stronger protection against dismissal for taking part in lawful industrial action will come into effect.

Employers should review and update industrial action policies and dismissal procedures early to build trust with unionised workforces, reduce the risk of employment disputes and strengthen employee relations and operational stability. 

April 2026 — new leave entitlements & SSP reform

From 6 April 2026, employees will gain day-one entitlement to paternity leave, and unpaid parental leave and Statutory Sick Pay (SSP) through the removal of the lower earnings limit and the three-day waiting period. Whistleblowing protections relating to sexual harassment will be reinforced, the process for trade union recognition will be simplified and the collective redundancy protective award will double to 180 days.

On 7 April, the Fair Work Agency will be established.

'Menopause guidance' is a new measure set to be introduced, although we’re still waiting to see what form it will take. It accompanies the new duty — voluntary until 2027 — for employers with 250 or more employees to implement equality action plans relating to the gender pay gap and menopause. 

Employers should audit family leave policies and HR systems to record day-one entitlements and SSP provisions. Record-keeping and compliance processes should be reviewed ahead of the Fair Work Agency’s launch and whistleblowing procedures should be updated to meet the new standards. They should also familiarise themselves with the simplified trade union recognition process and consider how they can prepare for this change.

August 2026 — electronic & workplace balloting

Electronic and workplace balloting for statutory trade union ballots that was originally going to be introduced in April 2026 has now been pushed back and is expected in August 2026.

October 2026 — harassment prevention & extension of time limits

Further reforms will follow in October 2026, including trade union rights of access and an extension in employment tribunal time limits from three to six months.

Employers will also be subject to a new statutory duty to take ‘all reasonable steps’ to prevent sexual harassment of their employees during the course of their employment, along with an obligation to safeguard employees from third-party harassment. 

At the same time, the power to define what counts as ‘reasonable steps’ in preventing sexual harassment will come into force in October 2026, with the regulations coming into force in 2027/28 after consultation.

Additional changes include regulations to establish the Fair Pay Agreement Adult Social Care Negotiating Body and tighter rules on tipping and protections against detriment for participating in industrial action. 

Employers should update anti-harassment policies and implement robust training and prevention measures. 

2027 — expanded worker protections & transparency duties

From 1 January 2027, the qualifying period for unfair dismissal will be reduced to six months and the statutory cap on the compensatory award in unfair dismissal cases will be removed. Also expected is a new day-one right to bereavement leave, as well as enhanced protections for pregnant workers and a more onerous approach for employers in dealing with flexible working requests. 

Reforms relating to fire and rehire practices that were due to be introduced in 2026 will now be introduced in January 2027.

In 2027, employers will also take on new obligations such as mandatory publishing of gender pay gap and menopause action plans, complying with regulations on umbrella companies and adhering to revised collective redundancy thresholds. Additional reforms will address blacklisting, strengthen the industrial relations framework, end ‘exploitative’ zero-hour contracts (including for agency workers) and introduce electronic and workplace balloting for trade union recognition and derecognition ballots.

Mindful of the changes in relation to unfair dismissal, employers should start by reviewing and — if necessary — tightening recruitment and performance management procedures as well as updating contracts of employment and policies. In relation to the other changes, employers should reassess their redundancy and restructuring procedures to eliminate any reliance on fire and rehire practices, assess and update policies and contracts to reflect the new day-one right to bereavement leave, audit zero-hours and agency arrangements and make sure that they’re ready for new redundancy and umbrella company rules. Larger organisations with 250 or more employees should begin drafting equality and menopause action plans for publication. 

Talk to us

Businesses that take proactive steps now will set themselves apart as leaders in a rapidly evolving employment landscape. With so many reforms on the horizon, early preparation sends a clear message that your organisation is committed to doing right by its people. 

Our award-winning employment law specialists support businesses in navigating the ERA with confidence, offering expert advice on everything from policy updates to manager training.   

Talk to us by calling 0333 004 4488, emailing hello@brabners.com or completing our contact form below.