Employment Rights Act 2025 – Updated Timetable Published

Last week, the Department for Business and Trade published an updated timetable for implementing the Employment Rights Act 2025 (ERA). This replaces the previous “roadmap” to implementing the ERA, which was published last year, and there is one key change – the restriction on ‘fire and rehire’ was originally scheduled to be implemented in October 2026 but has now been pushed back to January 2027.

When will the changes come into effect?

Below is a summary of the key changes and when the Government expects these to take effect:

Measures that will take effect in April 2026 include:

• Collective redundancy protective award – doubling the maximum period of the protective award
• 'Day 1' Paternity Leave and Unpaid Parental Leave
• Fair Work Agency body established
• Statutory Sick Pay – remove the Lower Earnings Limit and waiting period

Measures that will take effect in October 2026 include:

• Tightening tipping law
• Duty to inform workers of their right to join a trade union
• Requiring employers to take “all reasonable steps” to prevent sexual harassment of their employees
• Introducing an obligation on employers not to permit the harassment of their employees by third parties
• New rights and protections for trade union reps
• Extending employment tribunal time limits from three months to six months

Measures that will take effect in 2027 include:

• Restrictions on the practice of “fire and rehire”
• Gender pay gap and menopause action plans (though this will be introduced on a voluntary basis in April 2026)
• Enhanced dismissal rights for pregnant workers
• Collective redundancy – changes to the collective consultation threshold
• Changes to how employers deal with flexible working
• Introducing a new statutory bereavement leave
• Changes to the use of zero-hour contracts, including enhanced rights for zero-hour workers
• Applying zero-hour contract measures to agency workers
• Reduction of unfair dismissal qualifying period from two years to six months, for dismissals from 1 January 2027, and uncapping compensatory awards.

What should I do to prepare?

Although some of detail is still unknown at this stage, there are some steps that you can take now to help you prepare:

• Review your probation policy and procedure to ensure that this is fit for purpose in good time before 2027. Ensure that reviews are carried out at an early stage and that managers are aware of the importance of early and effective feedback on performance.
• Review your sexual harassment policy and procedure. Implement training for employees and managers, ensure you have risk assessments in place for those at a higher risk of being exposed to sexual harassment, and consider building conversations into your supervision and one-to-one sessions to encourage open communication about the topic with all staff.
• Review your use of zero-hour contracts. Collate data during 2026 to find out what your needs are so that you are not over or under-employing people by the time the proposals come in (in 2027).
• Subscribe to our newsletters. We will ensure that you are kept up to date with key changes.
• Get in touch for further advice. We have various support mechanisms in place to help you prepare for the changes in good time before they come into force.

We will keep you updated on changes to the ERA as further details are published. Check our website and subscribe to our employment law update emails to stay informed.

If you have any questions or need assistance, please do get in touch with our employment team.

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