The Employment Rights Act 2025 is moving from legislation into practice. Between October 2026 and April 2027, employers face changes to unfair dismissal, sexual harassment, trade union rights, contractual changes and collective redundancies.

Some changes are already in force. Others have confirmed commencement dates. Further measures are scheduled for implementation, although important details remain outstanding. Ten measures deserve particular attention

The Government’s implementation timetable provides the broader picture. This is a selective briefing, not a complete account of the Act.

1. Employment Tribunal claims: employees have more time to bring proceedings

From Thursday 1st October 2026

What is changing?

The usual time limit for many Employment Tribunal claims has increased from three to six months. The change includes many unfair dismissal and discrimination claims, subject to statutory exceptions and transitional rules. Acas early conciliation can affect the deadline.

Why does it matter?

Employers face longer uncertainty after disputes and dismissals. Managers move on, memories fade and documents become harder to locate. Decisions may be challenged months after everyone assumed the matter was finished.

What should you do about it?

Review how long you retain evidence following dismissals, grievances and discrimination complaints. Preserve correspondence, investigation records, meeting notes and decision-making documents. Check that HR and legal teams understand the new deadlines.

The longer deadline does not mean every claim has the same limitation period. Early conciliation rules, exceptions and transitional provisions still need checking. Avoid calculating a deadline from the dismissal date alone without considering the particular claim. A sensible precaution is to preserve relevant evidence as soon as a dispute emerges, rather than waiting for a solicitor’s letter.

Source: Government implementation timetable

2. Trade union access: stronger rights

From Friday 30th October 2026

What is changing?

Trade unions gain stronger statutory rights to access the workplace to communicate with workers, recruit members, and organise. Access is not an unrestricted right to enter premises whenever a union wishes. The framework sets out procedures for access arrangements and resolving disagreements.

Why does it matter?

Employers with little experience of trade unions may receive access requests. An inconsistent or poorly informed response could turn a manageable request into a formal dispute, especially across multiple locations.

What should you do about it?

Decide who handles requests and instruct site managers to refer them promptly. Review union engagement, security, confidentiality and workplace-access arrangements. Avoid knee-jerk refusals before considering the statutory process.

Requests may involve physical or digital access. Site security, commercially sensitive information and operational needs will still matter, but they should be addressed through the statutory framework rather than treated as automatic grounds for refusal. Multi-site employers should establish one consistent escalation route so local managers don’t give contradictory answers.

Source: Commencement Regulations 2026

3. Sexual harassment: a more demanding preventative duty

From Friday 30th October 2026

What is changing?

Employers must take all reasonable steps to prevent sexual harassment of employees. This strengthens the existing duty to take reasonable steps. Additional regulations may specify particular preventative measures.

Why does it matter?

A policy and occasional training may not demonstrate effective prevention. The real question is what risks the organisation identified, how it responded and whether managers act when problems arise.

What should you do about it?

Assess risks at social events, during travel, in isolated work and in relationships involving unequal power. Review reporting, investigations and training. Record the steps taken and evaluate whether they work.

An effective risk assessment should reflect how work actually happens. Consider late-night events, client entertainment, work-related messaging and senior-junior reporting relationships. Employers should also check whether staff believe complaints will be handled fairly. Training attendance is useful evidence, but it is not a substitute for testing whether reporting and intervention work.

Source: Commencement Regulations 2026

4. Third-party harassment: responsibility beyond colleagues

From Friday 30th October 2026

What is changing?

Employers face a duty not to permit harassment of employees by third parties, potentially including customers, clients, contractors, suppliers and visitors. The legal tests and scope of protection matter.

Why does it matter?

Employers cannot assume that misconduct is outside their responsibility because the person responsible is not on the payroll. A valuable customer relationship does not remove the need to address known risks.

What should you do about it?

Identify high-contact roles. Make it easy to report third-party misconduct. Give managers authority to intervene, escalate complaints and restrict contact where appropriate. Review relevant customer and supplier arrangements.

The new duty concerns harassment in the course of employment by people outside the employer’s workforce. The statutory wording focuses on whether the employer failed to take all reasonable preventative steps. That makes the response to known patterns of customer or supplier behaviour especially important.

Record complaints and how you responded, including when commercial relationships make intervention uncomfortable.

Source: Employment Rights Act 2025, section 21

5. Unfair dismissal: six months’ service will be enough

From Friday 1st January 2027

What is changing?

The qualifying period for ordinary unfair dismissal protection falls from two years to six months. Transitional rules apply, including where notice is given before January but termination takes effect afterwards. Other protections, including discrimination and automatically unfair dismissal, remain.

Why does it matter?

Employers will have less time to assess employees before ordinary unfair dismissal rights arise. Probation, recruitment, performance management and the cost of unsuccessful appointments will become more significant.

What should you do about it?

Review probation periods and assessment dates. Require managers to identify concerns early, set clear expectations and document discussions. Check contractual notice provisions and the effective date of termination before making decisions.

The shorter qualifying period also affects employees already in post when the change takes effect, depending on the applicable dismissal and transitional rules. Managers should not assume that a six-month probation clause automatically removes unfair dismissal risk. A fair reason and reasonable process still matter. Build review points early enough to allow genuine improvement before any final decision.

Source: Government guidance on unfair dismissal

6. Unfair dismissal compensation: the statutory cap disappears

From Friday 1st January 2027

What is changing?

The statutory cap on compensatory awards for ordinary unfair dismissal is removed. This does not mean unlimited recovery in every case: tribunals will still assess proven recoverable loss, mitigation and relevant statutory principles.

Why does it matter?

Exposure may rise substantially for higher earners or employees who experience prolonged unemployment. Litigation reserves and settlement assessments may become less predictable.

What should you do about it?

Review dismissal-risk assessments and settlement processes. Give contentious or high-value dismissals appropriate scrutiny. Ensure senior decision-makers understand how procedural and substantive unfairness can translate into financial exposure.

Removing the statutory compensatory cap is not the same as removing every limit on recovery. Employees must still establish recoverable loss and take reasonable steps to mitigate it. Nonetheless, the change may alter settlement discussions involving senior staff, long notice periods or specialist roles. Budgeting based on the former cap will no longer provide a reliable worst-case estimate.

Source: Government guidance on unfair dismissal

7. Trade union membership: workers must be informed

Scheduled for Friday 1st January 2027

What is changing?

Employers are expected to provide workers with written information about their right to join a trade union. Secondary legislation is expected to specify content, timing and delivery requirements.

Why does it matter?

The obligation will matter even to employers without recognised trade unions. Dispersed workforces, frequent recruitment and varied engagement arrangements may make consistent delivery harder than it appears.

What should you do about it?

Identify the systems used to issue written employment information. Plan how the new statement could be incorporated. Monitor regulations before finalising wording, recipients or delivery processes.

The right to join a union is relevant whether or not a workplace currently recognises one.

Employers should prepare to provide the required information consistently to workers, not simply add a line to a document intended only for employees. The exact statement and delivery requirements should be checked against the final regulations before rollout.

Source: Government implementation timetable

8. Fire and rehire: tighter limits on contractual changes

Scheduled for March 2027

What is changing?

The Act introduces stronger protection against dismissal and re-engagement to impose certain restricted contractual changes. Relevant dismissals may become automatically unfair unless a statutory exception applies. The precise categories and exceptions are important.

Why does it matter?

Employers responding to commercial pressure may find dismissal and re-engagement a much less viable option. Plans involving pay, hours, benefits or other contractual terms will need early legal and operational scrutiny.

What should you do about it?

Review contractual-change programmes extending into 2027. Identify potentially restricted variations and consider negotiation, voluntary agreement and other alternatives. Do not assume dismissal remains an available last resort.

The distinction between a restricted contractual variation and other changes will be central. Employers should not assume that a difficult financial position automatically permits dismissal and re-engagement. Before announcing proposals, identify which terms are affected, the business justification, the consultation plan and the alternatives considered. Early planning will give managers more room to negotiate.

Source: Government implementation timetable

9. Gender equality and menopause action plans

Scheduled for April 2027, subject to regulations

What is changing?

Mandatory action plans are expected for large private and voluntary sector employers, aligned with the gender pay gap reporting cycle. The proposed threshold is 250 or more employees. Final mandatory requirements will depend on secondary legislation.

Why does it matter?

Employers will be expected to move beyond publishing gender pay figures towards identifying action. Menopause support also raises questions about management capability, working conditions and retention.

What should you do about it?

Review gender pay data and identify underlying factors. Assess menopause support, adjustments, manager training and employee feedback. Assign senior ownership, develop measurable actions, and monitor progress.

Large employers should connect proposed action plans to their existing gender pay gap reporting process. A useful plan needs named owners, achievable measures and evidence of progress.

On menopause, examine whether support reaches operational and shift-based teams as well as office staff. Final legal duties and scope must still be checked against the regulations.

Source: Government implementation timetable

10. Collective redundancy: an organisation-wide threshold

Scheduled for 2027, date to be confirmed

What is changing?

An additional organisation-wide threshold is planned for collective redundancy consultation. The existing establishment-based trigger of 20 or more proposed redundancies within 90 days remains relevant. The new numerical threshold awaits regulations.

Why does it matter?

Multi-site employers may face collective consultation obligations even when no individual location reaches the existing threshold. Disconnected site-level decisions could conceal organisation-wide obligations.

What should you do about it?

Monitor proposed redundancies at all locations and business units. Give senior HR and managers visibility of restructuring plans. Update procedures when the numerical threshold and detailed regulations are confirmed.

An organisation-wide test could capture a programme of smaller reductions spread across several sites. Businesses should therefore record proposed redundancies centrally, including the number affected and the relevant 90-day period. Do not treat the April 2027 date as settled: the Government’s latest timetable lists this reform for 2027 without confirming a month.

Source: Government implementation timetable

The bigger picture

These changes share a common theme. Employers need earlier decisions, stronger processes and better evidence. The six-month unfair dismissal period makes early performance management more important. Harassment duties require effective prevention, not just written policies. Trade union and restructuring changes demand clearer responsibility and better coordination.

Ask whether your organisation is genuinely prepared, not whether someone has updated the handbook. The difference may become apparent when someone challenges the first difficult decision.