Since our article in July 2025, “The Employment Rights Bill: Roadmap for Implementation”, the Government has now published an updated timeline for the implementation of the Employment Rights Act 2025, providing further details about both the reforms which are being implemented and the exact dates employers should expect the reforms to take effect, at least for the first half of 2026. Employers are also provided with additional details as to the future reforms that will take place in the latter half of 2026, and those taking place in 2027.
18 February 2026
· A repeal of the majority of the Trade Union Act 2016, simplifying the requirements on trade unions specifically in relation to industrial action and political funds;
· Removal of the 10-year ballot requirement for trade union funds;
· Simplification of industrial action notices and industrial action ballot notices;
· Protections against dismissal for taking industrial action; and
· The ability for employees newly eligible for ‘Day 1’ Paternity Leave and Unpaid Parental Leave can give notice.
April 2026
On 6 April:
· A protective reward for collective redundancy, doubling the maximum period of the protective award;
· The implementation of ‘Day 1’ Paternity Leave and Unpaid Parental Leave;
· Strengthening the protection for whistleblowers of sexual harassment;
· A non-Plan to Make Work Pay measure, enabling bereaved fathers and partner to take up to 52 weeks of paternity leave if the mother or primary adopter passes away within the first year of the child’s life;
· Removal of the Lower Earnings Limit and waiting period for Statutory Sick Pay;
· The introduction of voluntary action plans on gender equality and supporting employees through menopause;
· Additional guidance on menopause at work; and
· A simplification of the trade union recognition process.
In addition, on 7 April, the establishment of the Fair Work Agency is expected.
August 2026
The electronic and workplace balloting for Statutory Trade Union Ballots will take effect.
October 2026
· Bringing forward regulations to establish the Fair Pay Agreement Adult Social Care Negotiating Body in England;
· Introduction of a two-tier code for procurement practices
· Tightening of tipping laws;
· The duty to inform workers of their right to join a trade union;
· The strengthening of trade unions’ right of access;
· Employers will be required to take ‘all reasonable steps’ to prevent sexual harassment of their employees;
· The introduction of an obligation on employer to not permit the harassment of their employees by third parties;
· The introduction of a power to enable regulations to specify what is considered ‘reasonable’ for steps taken by an employer to prevent sexual harassment;
· The introduction of unfair practices in the trade union recognition process;
· New rights and protects for trade union representatives;
· Extending protections against detriments for taking industrial action; and
· New employment tribunal time limits.
December 2026
The commencement of the Mandatory Seafarers’ Charter will take effect.
2027
The reforms that will take effect in January are the reduction of the unfair dismissal qualifying period to 6 months, for dismissal from 1 January 2027, and uncapped compensatory award, and new fire and rehire protections.
Later in the year, the following measures are expected:
· Mandatory action plans on gender equality and supporting employees through menopause;
· Enhanced dismissal protection for pregnant women and new mothers;
· The specification of steps that are to be regarded as ‘reasonable’ when determining whether an employer has taken reasonable steps to prevent sexual harassment;
· The extension of blacklisting protections;
· The introduction of industrial relations framework;
· New regulation for umbrella companies;
· A new collective consultation threshold for collective redundancy;
· Enhanced rights to flexible working;
· Bereavement leave measures, including for pregnancy loss;
· The introduction of the right to guaranteed hours and the right to reasonable notice and short notice payments; and
· Electronic and workplace balloting for recognition and derecognition ballots.
What does this mean for employers?
While there are certainly some delays to the reforms taking place, the impact of the Employment Rights Act 2025 is still significant, and employers must be mindful of the expected changes.
The more specific timeline should allow you as an employer to plan changes within their businesses effectively, and to ensure you and your staff are prepared for each reform implemented.
How can we help?
Our Employment Law team at Curzon Green are leading in all employment law matters. If you are looking for advice for your business regarding the changes being made, we are here to help.