Wallchart

Employment Rights Act 2025: key dates for small employers

17 changes, each with its date, the commencement regulations that fix it (or a note that none exist yet), who it affects and what to do. Status is as of 25 October 2026; changes without a commencement order can still move.

The timeline on a wall planner

  • In force
  • Date fixed in law
  • Pencilled in — no commencement order yet

  1. Apr 2026

  2. May–Sept 2026

  3. Oct 2026

  4. Nov–Dec 2026

  5. Jan 2027

  6. Feb–Dec 2027

Already in force

  • 6 April 2026

    SSP from day one: the April 2026 change

    Statutory Sick Pay no longer has three unpaid waiting days or a lower earnings limit. A single day of sickness is now a period of incapacity for work, and the weekly rate is the lower of £123.25 and 80% of the employee’s average weekly earnings.

    Employment Rights Act 2025 ss.10–13. S.I. 2026/373 (Commencement No. 3).

  • 6 April 2026

    Day-one paternity and unpaid parental leave

    Employees can take paternity leave and unpaid parental leave from their first day of employment. The old 26-week (paternity) and one-year (parental leave) service tests are gone for leave — but statutory paternity pay still needs 26 weeks’ service and earnings of at least £129 a week.

    Employment Rights Act 2025 ss.15–17. S.I. 2026/3 (Commencement No. 1).

  • 6 April 2026

    Holiday records: the 6-year duty (April 2026)

    A new regulation 16B of the Working Time Regulations requires records adequate to show you have complied with statutory annual leave, holiday pay and pay in lieu rules. Records must be kept for six years from when they are made, in any format you reasonably choose. Not keeping them is an offence.

    Employment Rights Act 2025 s.35. S.I. 2026/323 (Commencement No. 2).

  • 6 April 2026

    Harassment reports now protected disclosures

    Sexual harassment is now one of the categories of wrongdoing that can make a disclosure “protected” under whistleblowing law. A worker who reports it is protected from detriment, and an employee dismissed mainly for doing so is automatically unfairly dismissed with no qualifying period.

    Employment Rights Act 2025 s.23. S.I. 2026/323 (Commencement No. 2).

  • 6 April 2026

    Collective redundancy: 180-day protective award

    If an employer proposes 20 or more redundancies at one establishment within 90 days and fails to consult collectively, a tribunal can award up to 180 days’ pay per affected employee (it was 90). It applies to dismissals taking effect on or after 6 April 2026.

    Employment Rights Act 2025 s.30. S.I. 2026/323 (Commencement No. 2), reg 5.

  • 7 April 2026

    Fair Work Agency: what small firms should know

    A single state enforcement body now brings together minimum wage enforcement, the Employment Agency Standards Inspectorate and the Gangmasters and Labour Abuse Authority. Holiday pay and statutory sick pay are planned to come within its remit later, subject to further regulations.

    Employment Rights Act 2025 Part 5. S.I. 2026/323 (Commencement No. 2).

  • 1 October 2026

    Tribunal claims: 6-month time limit (Oct 2026)

    The time limit for most employment tribunal claims — including unfair dismissal, discrimination and unlawful deductions — is now six months. It applies where the relevant date (for example the date employment ended) is on or after 1 October 2026; earlier events keep the three-month limit.

    Employment Rights Act 2025 s.152, Sch. 12. S.I. 2026/954 (Commencement No. 5).

Date fixed in law

  • 30 October 2026

    Sexual harassment: the all reasonable steps duty

    The duty in section 40A of the Equality Act 2010 is strengthened from “reasonable steps” to “all reasonable steps” to prevent sexual harassment of employees. Employers also become liable for harassment of employees by third parties — customers, clients, contractors — unless they took all reasonable steps to prevent it. There is no small-employer exemption.

    Employment Rights Act 2025 ss.20–22. S.I. 2026/1065 (Commencement No. 6).

  • 1 January 2027

    Unfair dismissal after 6 months from Jan 2027

    The qualifying period for ordinary unfair dismissal falls from two years to six months where the effective date of termination is on or after 1 January 2027 — even if notice was given before then. The cap on the compensatory award is removed, and the right to written reasons for dismissal also starts at six months. Anyone with at least six months’ service on 1 January 2027 is protected from that day.

    Employment Rights Act 2025 s.25, Sch. 3. S.I. 2026/559 (Commencement No. 4), reg 4.

Planned — no commencement order yet

  • January 2027 (planned)

    Telling staff about the right to join a union

    Employers will have to give workers a written statement that they have the right to join a trade union. When it must be given, and its form and content, will be set by regulations.

    Employment Rights Act 2025 s.58. Commencement regulations not yet made (GOV.UK and Acas both list 1 January 2027).

  • 1 January 2027 (planned)

    Tipping policies: consult staff from 2027

    Employers that receive tips must already pass them on in full and have a written tipping policy. The Act adds a duty to consult workers (or a recognised union) before making or revising the policy, publish an anonymised summary of the feedback, and review the policy at least every three years.

    Employment Rights Act 2025 s.14. Commencement regulations not yet made.

  • March 2027 (planned)

    Fire and rehire: what changes in 2027

    Dismissing an employee for refusing a “restricted variation” — such as a cut to pay, hours, pension or time off, or a power to make such changes — or to replace them on varied terms, will be automatically unfair, with no qualifying period. A narrow exception applies where the change is needed to address financial difficulties threatening the business as a going concern and could not reasonably be avoided.

    Employment Rights Act 2025 s.28. Commencement regulations not yet made.

  • April 2027 (planned)

    Bereavement leave, including pregnancy loss

    A new right to unpaid bereavement leave will cover the death of a dependant or other specified relationships, and pregnancy loss before 24 weeks. Length, notice and timing will be set in regulations. Parental bereavement leave for the death of a child under 18 already exists.

    Employment Rights Act 2025 s.18. Commencement regulations not yet made.

  • September 2027 (planned)

    NDAs that silence harassment claims become void

    Contract terms — including in settlement agreements — that stop a worker making allegations or disclosures about harassment or discrimination, or about how the employer responded, will be void, subject to exceptions set in regulations.

    Employment Rights Act 2025 s.24. Commencement regulations not yet made (enabling parts commenced 2026).

  • October 2027 (planned)

    Flexible working requests: the 2027 tightening

    Employees can already ask for flexible working from day one (since 6 April 2024), make two requests a year, and get a decision within two months. The Act will require that a refusal is reasonable, rests on one of the eight statutory business reasons, and is explained to the employee.

    Employment Rights Act 2025 s.9. Commencement regulations not yet made.

  • October 2027 (planned)

    Stronger dismissal protection for new mothers

    Regulations will restrict dismissal during pregnancy, maternity leave and a period after return, except in specified circumstances. The detail — which reasons remain allowed and how long the protected period lasts — is not yet set.

    Employment Rights Act 2025 ss.26–27. Commencement regulations not yet made.

  • No date yet

    Zero hours: guaranteed hours and shift notice

    Zero-hours and low-hours workers will be offered guaranteed hours reflecting the hours they regularly work over a reference period, and get reasonable notice of shifts and payment when shifts are cancelled, moved or cut short at short notice. The reference period, the “low hours” threshold and notice periods are all for regulations.

    Employment Rights Act 2025 ss.1–8. Commencement regulations not yet made.

Planned — no commencement order yet means the government has announced a target but no regulations bring the change into force yet. Sources: legislation.gov.uk, GOV.UK timeline update (14 October 2026), Acas (1 October 2026).

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