Employment Rights Act 2025 – what’s next?

There were loads of changes that came into force recently during the month of October 2026 and one item for Scotland in November 2026.

Employment tribunal time limits

Time limits for making a claim to an employment tribunal have increased to 6 months. This change happened on 1st October 2026.

The previous time limit was 3 months. If a problem at work started before 1st October 2026, the 3-month limit might still apply.

Harassment

These changes happened on 30th October 2026:

  • employers must take ‘all reasonable steps’ to prevent sexual harassment of their workers – the law previously said ‘reasonable steps’
  • employers are liable for harassment from third parties, for example customers or clients, unless they have taken all reasonable steps to prevent it

Trade union recognition

How a trade union can be recognised in a workplace has been simplified.

From 30th October 2026, workers recruited after a trade union recognition application is submitted can be excluded from the recognition process. Applications are submitted to the Central Arbitration Committee.

The complaints process for unfair practice during a recognition ballot has also changed. Trade unions or employers can make complaints within 5 working days of a ballot closing. It was previously one working day.

When deciding a complaint, the Central Arbitration Committee:

  • only needs to decide whether an unfair practice happened
  • no longer needs to consider if the unfair practice affected the ballot result

Trade union rights of access to the workplace

On 30th October 2026, rules on trade union rights to access the workplace were updated. The right includes physical and digital access to workplaces, helping unions engage with workers more efficiently. This also applies to non-recognised trade unions.

Rights of trade union representatives

From 30th October 2026, employers must allow trade union equality representatives a reasonable amount of time off for trade union duties and training.

Representatives also have a legal right to facilities, if they request them.

Employers, trade unions and representatives must follow the law when agreeing representatives’ rights.

Industrial action protection for workers

Workers taking part in industrial action are protected against less favourable treatment by their employer. This change happened on 30th October 2026.

Breach of contract claims in Scotland

Time limits for making breach of contract claims in Scotland will increase to 6 months. This change will happen on 9th November 2026.

Future change

The following law changes have not happened yet.

Important: In most cases, how these changes will be implemented is subject to government consultations.

December 2026 changes

One change will happen in December 2026. It’s specific to the seafarer industry.

Seafarers’ (Wages and Working Conditions) Regulations

There will be new regulations for seafarers. These will introduce higher standards around health and safety, pay, job security and rest breaks. This will happen on 1st December 2026.

January 2027 changes

These changes will happen in January 2027.

Unfair dismissal

From 1st January 2027:

  • employees will have the right to claim unfair dismissal after 6 months of being in a job, instead of 2 years
  • the limit on compensation for unfair dismissal will be removed

Protection from unfair dismissal was expected to become a right from the first day of employment. The government changed this to a 6-month qualifying period.

Duty to inform workers of their right to join a trade union

From 1st January 2027, employers will have a duty to tell workers about their right to join a trade union. The government will provide a standardised statement for this.

Tipping

From 1st January 2027, employers will need to consult before creating or reviewing a tipping policy. This is either:

  • with the trade union or worker representatives, if they have them
  • directly with workers, if they do not have a recognised trade union or worker representatives

Employers will also need to:

  • share an anonymised summary of consultation feedback with affected workers
  • update their tipping policy at least every 3 years

March 2027 changes

These changes will happen in March 2027.

Fire and rehire

‘Fire and rehire’ will become an automatically unfair dismissal in most cases. This means dismissing someone then rehiring them on worse terms and conditions. The legal term is ‘dismissal and re-engagement’.

An updated Code of Practice to support these changes will be provided in 2027.

Mandatory gender pay gap and menopause action plans for public authorities

Action plans around menopause and gender pay gaps will become mandatory for public sector employers with 250 or more workers. They are currently voluntary.

April 2027 changes

These changes will happen in April 2027.

Bereavement leave

There will be a new right to statutory bereavement leave, including pregnancy loss. The leave will be unpaid.

Collective redundancy

These collective redundancy changes will happen in April 2027:

  • employers will need to consider the total number of redundancies across their whole organisation, not just individual workplaces
  • increased collective redundancy protection for workers on ships that regularly operate from British ports but are registered outside Great Britain

Mandatory gender pay gap and menopause action plans for private and voluntary sectors

Action plans around menopause and gender pay gaps will become mandatory for employers in the private and voluntary sectors. This is if they have 250 workers or more. This is currently voluntary.

Extended discrimination protections for trade union members

There will be an extension to the laws protecting trade union members from discrimination and being ‘blacklisted’. This means being unfairly denied job opportunities or treated less favourably.

August 2027 changes

This change will happen in August 2027.

Electronic balloting

Workers will be able to vote electronically in ballots for trade union recognition and derecognition.

September 2027 changes

This change will happen in September 2027.

Non-disclosure agreements

This law change will void clauses that would prevent workers from alleging or disclosing work-related harassment or discrimination.

October 2027 changes

These changes will happen in October 2027.

Flexible working

There will be an amendment to flexible working law. If an employer rejects a flexible working request, they will have to:

  • state the business reason, or reasons from a list of 8 acceptable reasons
  • explain why they believe their refusal is reasonable

Acas is set to review its Code of Practice after the law changes.

Increased pregnancy and maternity rights

The Act will strengthen protections against dismissal for pregnant workers and those returning from maternity leave.

December 2027 changes

This change will happen in December 2027.

Regulation of umbrella companies

The definition of agencies will be expanded to include ‘umbrella companies’. This will allow enforcement by the relevant bodies.

Other 2027 changes

The government has not announced when the zero-hours and low-hours contract changes will happen.

Important: How this change will be implemented is subject to government consultation.

Zero-hours and low-hours contracts

Workers on zero-hours and low-hours contracts will get the right to:

  • guaranteed working hours, if they want them
  • compensation if a shift is cancelled, shortened or moved to another time
  • reasonable notice of shifts and changes to shifts

PAYadvice.UK 9/11/2026

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