Are you prepared?


The Employment Rights Act 2025 introduces sweeping reforms that represent the most significant enhancement to workers’ rights in a generation, bringing major changes for every employer.

We’re here for you


There is a lot to keep up with – both in terms of the substance of the changes and when they are going to take effect.

You need a clear understanding of how these developments will impact on your organisation so that you can plan for and take steps to minimise risk.

In the following pages, you’ll find details about the changes and how we can guide and support you as you navigate your way through this complex piece of legislation.

Save it in your favourites and we’ll keep it updated with the developments as they happen.

Elaine Huttley


National Head of Employment

T: 44 (0)121 214 5434 M: +44 (0)7850 096 907 E: elaine.huttley@irwinmitchell.com

Highlights


In the lead-up to the general election in July 2024, the Labour party published its ‘Plan to Make Work Pay.’ This set out its plans for employment law reform.

Fast forward to October 2024 and the Labour government put its flagship policy – the Employment Rights Bill before parliament. It received Royal Assent on 18 December 2025.

The changes are wide-ranging and will impact each stage of the employment lifecycle, from recruitment right the way through to dismissal. It will affect each and every employer.

The government has already started to publish consultations and additional guidance which will explain how some of the changes will work. There is a lot to take in, and the measures will require planning ahead.

The good news is that the changes will not all come in at once. There will be a staged implementation with some measures not taking effect until 2027. Much of the detail is yet to come – think of it as the bones upon which secondary legislation will flesh out.

We’re here to do the heavy thinking for you.

We’re monitoring progress carefully. This guidance will help you keep on track and allow you to prioritise what steps you should take to comply with the law and manage its impact on your organisation.

At a glance, the timetable looks likes this (updated February 2026):

Change
What is changing?
Expected or implementation Date
Expected Consultation
Additional resources
Trade Unions
Repeal of legislation requiring some sectors to ensure minimum service levels during strikes.
18 December 2025
Trade Unions
Repeal of most of the Trade Union Act 2016, removal of industrial action support threshold, notice of intended strike action reduced to 10 days, validity of strike mandate increases to 12 months, and extended protection against dismissal for taking industrial action.
18 February 2026
Navigating Trade Union reform: are you ready?
Trade Unions
Simplifying trade union recognition.
6 April 2026
Consultation on the revised code of practice during recognition and derecognition processes and proposals on unfair practices in electronic ballots published on 4 February 2026 and closes at 11:59pm on 1 April 2026.
Sexual harassment protected disclosures
Sexual harassment will become a qualifying disclosure for whistleblowing.
6 April 2026
Day one right to paternity leave and parental leave
Removal of length of service requirement.
6 April 2026
Statutory Sick Pay
Removal of waiting period (so available from day one of sickness) and removal of Lower Earnings Limit.
6 April 2026
Increased protective award
Doubles protective award for failing to comply with collective consultation obligations from 90 days to 180 days’ pay.
6 April 2026
Trade Unions
Introduction of electronic balloting and turnout threshold for industrial action ballot removed
August 2026
Consultation on a new code of practice on electronic and workplace balloting for statutory union ballots closed at 11:59pm on 28 January 2026.
Government consults on draft Code of Practice on electronic and workplace balloting: how will it work in practice?
Harassment
You will be liable for third party harassment and the duty to take reasonable steps to prevent sexual harassment will extend to all reasonable steps.
1 October 2026
Third party harassment: will you have to 'police' customer conversations to ensure they don't offend your staff?
Trade Unions
Right to statement of trade union rights, right for trade unions to request access to the workplace, introduction of protection from detriment for taking part in industrial action, and trade union representatives will have stronger rights.
1 October 2026

Consultation about duty to inform workers of right to join a union closed at 11:59pm on 18 December 2025.

Consultation about rights of access closed at 11:59pm on 18 December 2025.

Acas consultation on updated statutory code or practice on time off for trade union duties and activities published on 20 January 2026 and closes at 5pm on 17 March 2026.

Extending tribunal time limits
From three to six months.
No earlier than October 2026
Understanding employment tribunals
Article: employees will have six months to bring claims in an Employment Tribunal
Tips
Before producing the first version of a written tips policy, you will be required to consult about the policy and review it at least once every three years.
1 October 2026
Consultation published – closing at 11:59pm on 1 April 2026
Unfair dismissal rights
Employees will need six months continuous employment before they can bring a claim for ordinary unfair dismissal. The cap on the amount of compensation an employee can be awarded is being removed.
1 January 2027
Unfair dismissal reforms from 1 January 2027: what you need to do now
‘Fire and Rehire’
Other than in circumstances of financial difficulty, an employee will be automatically unfairly dismissed for failing to agree to contractual variations of a particular kind (defined as ‘restricted variations’).
January 2027
Consultation published – closing on 11.59pm on 1 April 2026
Employment Rights Act 2025: the fire and rehire consultation explained
Zero hour, ‘low hours’, and agency worker contracts
Duty to offer guaranteed hours, duty to provide reasonable notice of shifts, compensation for cancelled, moved or curtailed shifts.
2027
Consultation expected
Flexible working
Introduces a test of reasonableness and will require you to notify the employee why you have refused their request and why you consider it reasonable to refuse the application on one of the eight existing grounds.
2027
Consultation published – closing at 11.59pm on 30 April 2026
Employment Rights Act 2025: government publishes consultation on flexible working reforms
Bereavement leave
A new right to unpaid bereavement leave will allow workers to take time off when someone close to them dies, or if they or their partner miscarry before 24 weeks. Workers will need to meet certain conditions regarding their relationship with the deceased.
2027
Consultation closed 15 January 2026
The Paternity Leave (Bereavement) Act 2024: key changes for employers and employees

Right to claim unfair dismissal

Next

There is a lot to keep up with – both in terms of the substance of the changes and their implementation timelines. Gaining a clear understanding of these developments and their implications will be essential to ensure your organisation adopts the necessary measures smoothly and effectively.

In the following pages, you’ll find details about the changes and how we’re here to guide and support you throughout.

Save it in your favourites and we’ll keep it updated with the developments as they happen.

Elaine Huttley

National Head of Employment

T: 44 (0)121 214 5434 M: +44 (0)7850 096 907 E: elaine.huttley@irwinmitchell.com