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I can almost hear the collective sigh – surely there can’t be more to say about the recent passing of the Employment Rights Act? And yet, there is.
Since our last article, the Government has released a further implementation update. The reassuring news is that the overall timetable remains largely on track, with only minor refinements to the original roadmap rather than any substantive changes.
The most notable change is the deferral of the planned reforms to fire and rehire, which will now come into force in January 2027 rather than October 2026. While this represents a modest extension, it provides employers with additional time to review contractual change strategies in advance of a more restrictive statutory regime.
Alongside the revised timetable, updated government factsheets have been published covering a range of key reform areas, including:
- Preventing workplace sexual harassment
- Public sector outsourcing
- Social care negotiating bodies and fair pay agreements
- Trade unions
- Unfair dismissal
For employers, these factsheets provide a clear indication of enforcement focus and the practical expectations that will accompany the new statutory rights and obligations.
Several of the most significant trade union reforms are now confirmed to have taken effect from 18 February 2026. In particular, changes to balloting requirements and thresholds for industrial action altering the legal landscape for lawful strike action and union organising activity. Government guidance has been published to assist employers and unions in understanding the revised framework.
These reforms sit within a broader programme of trade union modernisation under the Act and will require employers to revisit industrial relations strategies, internal communications and contingency planning for potential industrial action.
In addition, regulations have been laid before Parliament to implement Day One rights to paternity leave and unpaid parental leave, effective from 6 April 2026. The removal of the previous 26-week qualifying period marks a significant shift in family-friendly rights, extending immediate eligibility to new starters.
Taken together, these developments confirm that the Employment Rights Act 2025 remains firmly on course, with reforms now moving from legislative text into reality. For organisations, the focus will shift from monitoring parliamentary progress to ensuring compliance through policy revision, manager capability and planning.
If you would like support reviewing your contracts, policies or industrial relations strategy, get in touch with our employment team.
This article was written by Gabrielle Scriven.