The Employment Rights Act 2025 has now passed, including more detail of when key changes will take place. Gov.uk has provided a helpful breakdown of key dates. 
 
Already in effect 
 
The Strikes (Minimum Service Levels) Act was repealed in December 2025. 
 
18th February 2026 
Dismissal for taking part in industrial action will become automatically unfair 
Changes to trade union activity, including reducing the notice needed 
 
6th April 2026 
Paternity leave and unpaid parental leave become day-1 rights 
Statutory sick pay paid from the first day of illness, and the lower earnings limit will be removed. 
Whistleblowing protection will cover disclosures about sexual harassment. 
Bereaved Partners Paternity Leave allows father or partner to take up to 52 weeks paternity leave if the child's mother (or primary adopter) dies before the child turns one.  
 
7th April 2026 
The Fair Work Agency will be established, bringing together enforcement under one organisation (although enforcement of equality law will remain with the ECHR) 
 
 
Upcoming changes 
 
By 31st August 
changes to statutory trade union ballots 
 
1st October 2026 
the time limit for bringing a claim to the tribunal will be extended to 6 months 
 
30th October 2026 
Employers will need to take 'all reasonable steps' to prevent sexual harassment. 
Employers will be liable for third party harassment unless they have taken all reasonable steps to prevent it. 
Further trade union changes, including a duty to inform workers of the right to join a union, updated rules on unions' access to workplaces, and protection from detriment (not just dismissal) for taking part in industrial action.  
 
By the end of 2026 
Strengthening the law on tipping 
 
January 2027 
Employees will be protected from unfair dismissal after 6 months in a role. 
 
During 2027 
employers must have action plans on gender equality and supporting employees through the menopause 
pregnant women and new mothers get enhanced protections from dismissal 
extending blacklisting protections 
collective redundancy – collective consultation threshold 
flexible working 
bereavement leave including pregnancy loss 
introduction of the right to guaranteed hours and the right to reasonable notice and short notice payments 
electronic and workplace balloting extended 
misuse of NDAs prevented in cases of workplace harassment or discriminatio
 
With the amount of changes, there won't be much breathing room. It is important to start thinking about a plan to update policies and procedures. 
 
Written by  
Ian Jones 
Director and Principal Solicitor 
Ian qualified in 1991, and had experience as a Partner and Head of Employment Law and Litigation with larger firms before setting up Spencer Shaw in 2007. 
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