{"id":79030,"date":"2026-02-23T09:30:00","date_gmt":"2026-02-23T09:30:00","guid":{"rendered":"https:\/\/www.highspeedtraining.co.uk\/hub\/?p=79030"},"modified":"2026-02-27T12:10:46","modified_gmt":"2026-02-27T12:10:46","slug":"employment-rights-act","status":"publish","type":"post","link":"https:\/\/www.highspeedtraining.co.uk\/hub\/employment-rights-act\/","title":{"rendered":"The Employment Rights Act 2025 Summary"},"content":{"rendered":"\n
The Employment Rights Act became law on 18th December 2025. The Act introduces a range of additions and amendments to existing legislation to support workers\u2019 rights and help more people stay in work. This article will cover everything you need to know about the Employment Rights Act and provide guidance on how to prepare for upcoming changes.<\/p>\n\n\n\n
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What is the Employment Rights Act 2025?<\/h2>\n\n\n\n
The Employment Rights Act 2025 is a foundational pillar of the UK Labour government\u2019s Plan to Make Work Pay, a plan that is aimed at growing the economy, boosting wages and reducing insecure work. The Act marks the biggest upgrade to UK employment rights in recent history across England, Wales and Scotland. <\/p>\n\n\n\n
The changes included within the Act will come into effect throughout 2026 and 2027. The expected date for key changes will be explored later in the article. <\/p>\n\n\n\n
You can find a summary of some key changes below.<\/p>\n\n\n\n
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\n Unfair Dismissal \n <\/h3>\n
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Changes:<\/b><\/p>\n
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The two-year qualifying period for unfair dismissal claims will be removed.<\/span><\/li>\n
Unfair dismissal protection will become a right after 6 months of being in a job.<\/span><\/li>\n
The limit on compensatory award for unfair dismissal will be removed.\u00a0<\/span><\/li>\n<\/ul>\n <\/div>\n
\n Workplace Harassment \n <\/h3>\n
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Changes:<\/b><\/p>\n
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Employers will be liable for harassment from third parties, unless they have taken all reasonable steps to prevent it happening \u2013 this will apply to all types of harassment.<\/span><\/li>\n
Employers must take <\/span>all <\/b>reasonable steps to prevent sexual harassment. The law will specify what \u2018reasonable steps\u2019 means when preventing sexual harassment in 2027.<\/span><\/li>\n
Sexual harassment will become a \u2018qualifying disclosure\u2019 under whistleblowing law.<\/span><\/li>\n<\/ul>\n
A change in law around non-disclosure agreements (NDAs) is also expected. This will void clauses that would prevent workers from alleging or disclosing work-related harassment or discrimination. The date of this change is not yet known. <\/span><\/p>\n <\/div>\n
\n Flexible Working \n <\/h3>\n
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Changes:<\/b><\/p>\n
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If rejecting a flexible working request employers must state the reasons from a list of 8 acceptable reasons.<\/span><\/li>\n
Employers must also explain why they believe their refusal is reasonable.\u00a0<\/span><\/li>\n<\/ul>\n <\/div>\n
\n Family Rights \n <\/h3>\n
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Changes:<\/b><\/p>\n
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Paternity leave will become a \u2018day one right\u2019 allowing someone to give notice of leave from the first day of employment.<\/span><\/li>\n
Ordinary parental leave or unpaid parental leave will become a \u2018day one right.\u2019<\/span><\/li>\n
Restrictions on taking paternity leave after shared parenteral leave will be removed.<\/span><\/li>\n
Eligible fathers and partners will be able to take up to 52 weeks of unpaid bereaved partner\u2019s paternity leave if the mother or primary adopter dies \u2013 they must take this leave within 52 weeks of the child’s birth (including surrogacy), adoption placement, or entry to Great Britain for overseas adoptions.<\/span><\/li>\n
Protections against dismissal for pregnant workers and those returning from maternity leave will be strengthened.\u00a0<\/span><\/li>\n
There will be a new right to statutory bereavement leave.<\/span><\/li>\n<\/ul>\n <\/div>\n
\n Fire and Rehire \n <\/h3>\n
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Changes:<\/b><\/p>\n
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Fire and rehire \u2013 dismissing someone then rehiring them on worse conditions \u2013 will become an automatically unfair dismissal in most cases.<\/span><\/li>\n<\/ul>\n <\/div>\n
\n Action Planning \n <\/h3>\n
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Changes:<\/b><\/p>\n
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Action plans around menopause and gender pay gaps will become mandatory.<\/span><\/li>\n<\/ul>\n
This will be introduced in a voluntary capacity in 2026 before becoming mandatory in 2027.\u00a0<\/span><\/p>\n <\/div>\n
\n Zero-Hours Contracts \n <\/h3>\n
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Changes:<\/b><\/p>\n
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Workers on zero-hour and low-hour contracts will get the right to guaranteed working hours, if they want them.\u00a0<\/span><\/li>\n
Employers must give reasonable notice of shifts and changes to shifts.<\/span><\/li>\n
Workers will have the right to be paid if a shift is cancelled, moved to another date or cut short by an employer.<\/span><\/li>\n<\/ul>\n <\/div>\n
\n Pay, Sickness and Holiday \n <\/h3>\n
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Changes:<\/b><\/p>\n
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Statutory sick pay (SSP) will be paid from the first day of illness, instead of the fourth day.<\/span><\/li>\n
The lower earnings limit will be removed.<\/span><\/li>\n<\/ul>\n <\/div>\n
\n Tribunals \n <\/h3>\n
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Changes:<\/b><\/p>\n
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The time limit for making a claim to an employment tribunal will increase to 6 months. <\/span><\/li>\n<\/ul>\n <\/div>\n
\n Trade Unions and Strikes \n <\/h3>\n
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Changes:<\/b><\/p>\n
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The time needed to give notice of industrial action has been reduced to 10 days.<\/span><\/li>\n
Picket supervisors are no longer required.<\/span><\/li>\n
Industrial action mandates have increased to 12 months.<\/span><\/li>\n
Industrial action and ballot notices have been simplified.<\/span><\/li>\n
Political fund rules have changed.<\/span><\/li>\n
The support threshold rule has been removed.\u00a0<\/span><\/li>\n
Public and private sector ballots now follow the same requirement.<\/span><\/li>\n
How a trade union can be recognised in a workplace will be simplified.\u00a0<\/span><\/li>\n
Trade union members will be able to vote electronically or in person in ballots for industrial action, union elections and other statutory ballots if the employer and trade union agree.<\/span><\/li>\n
The 50% turnout requirement for industrial action ballots will be removed.\u00a0<\/span><\/li>\n
Rules around \u2018minimum service levels\u2019 for strikes have been removed.<\/span><\/li>\n
Employers will have a duty to inform workers of their right to join a trade union.<\/span><\/li>\n
Rules on a trade union\u2019s right of access to the workplace will be updated.<\/span><\/li>\n
A new right to reasonable accommodation and facilities for trade union representatives carrying out their duties will be introduced.<\/span><\/li>\n
A new right to time off for union equality representatives to carry out their duties will be introduced.\u00a0<\/span><\/li>\n
Laws that protect trade union members from discrimination and being \u2018blacklisted\u2019 will be extended.<\/span><\/li>\n
A new industrial relations framework, to help employers and trade unions work together, will be introduced.<\/span><\/li>\n<\/ul>\n
An updated Code of Practice on trade union recognition supporting their recognition in the workplace is expected to come into force in October 2026.\u00a0<\/span><\/p>\n <\/div>\n
\n Fair Work Agency \n <\/h3>\n
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The Fair Work Agency (FWA) will be established on 7th April 2026 to:<\/span><\/p>\n
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bring together existing enforcement bodies<\/span><\/li>\n
take on enforcement of other employment rights, such as holiday pay and statutory sick pay.\u00a0<\/span><\/li>\n<\/ul>\n <\/div>\n <\/div>\n\n\n\n\n\n\n
Key Dates<\/h2>\n\n\n\n
The changes included within the Act will take place over a period of 2 years. Some changes have already been made and others are set to come into effect later in 2026 and throughout 2027. The reforms introduced in the Act will be delivered in phases so as to give employers, businesses and workers time to plan and prepare. <\/p>\n\n\n
\n<\/figure><\/div>\n\n\n
The government has offered the following timetable for changes being introduced in 2026.<\/p>\n\n\n\n
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\n Measures that will take effect on 18th February 2026 \n <\/h3>\n
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the repeal of the great majority of the Trade Union Act 2016, thereby simplifying requirements on trade unions, including in relation to industrial action and political funds\u00a0\u00a0<\/span><\/li>\n
removing the 10-year ballot requirement for trade union political funds\u00a0<\/span><\/li>\n
simplifying industrial action notices and industrial action ballot notices\u00a0<\/span><\/li>\n
protections against dismissal for taking industrial action\u00a0<\/span><\/li>\n
employees that are newly eligible for \u2018Day 1\u2019 Paternity Leave and Unpaid Parental Leave can give notice<\/span><\/li>\n<\/ul>\n <\/div>\n
\n Measures that will take effect on 1st April 2026 \n <\/h3>\n
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the repeal of the levy that trade unions and employer associations pay to the Certification Officer<\/span><\/li>\n<\/ul>\n <\/div>\n
\n Measures that will take effect on 6th April 2026 \n <\/h3>\n
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collective redundancy protective award \u2013 doubling the maximum period of the protective award\u00a0<\/span><\/li>\n
\u2018Day 1\u2019 Paternity Leave and Unpaid Parental Leave<\/span><\/li>\n
whistleblowing \u2013 strengthening protections for workers who \u2018blow the whistle\u2019 on sexual harassment\u00a0<\/span><\/li>\n
the duty to inform workers of their right to join a trade union\u00a0<\/span><\/li>\n
strengthening trade unions\u2019 right of access\u00a0<\/span><\/li>\n
requiring employers to take \u2018all reasonable steps\u2019 to prevent sexual harassment of their employees\u00a0<\/span><\/li>\n
introducing an obligation on employers not to permit the harassment of their employees by third parties\u00a0<\/span><\/li>\n
introducing a power to enable regulations to specify steps that are to be regarded as \u2018reasonable\u2019, to determine whether an employer has taken all reasonable steps to prevent sexual harassment\u00a0<\/span><\/li>\n
unfair practices in the trade union recognition process<\/span><\/li>\n
new rights and protections for trade union representatives\u00a0<\/span><\/li>\n
extending protections against detriments for taking industrial action <\/span><\/li>\n<\/ul>\n <\/div>\n
\n Measures that will take effect no earlier than October 2026 \n <\/h3>\n
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employment tribunal time limits<\/span><\/li>\n
Measures that will take effect in December 2026\u00a0<\/span><\/li>\n
commencement of the Mandatory Seafarers\u2019 Charter<\/span><\/li>\n<\/ul>\n <\/div>\n
\n Measures that will take effect in December 2026 \n <\/h3>\n
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commencement of the Mandatory Seafarers\u2019 Charter<\/span><\/li>\n<\/ul>\n <\/div>\n <\/div>\n\n\n
The government has offered the following timetable for changes in 2027.\u00a0<\/p>\n\n\n\n
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\n Measures that will take effect in January 2027 \n <\/h3>\n
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reduction of unfair dismissal qualifying period to 6 months, for dismissals from 1 January 2027, and uncapping compensatory awards<\/span><\/li>\n
fire and rehire protections<\/span><\/li>\n<\/ul>\n <\/div>\n
\n Measures that will take effect in 2027 \n <\/h3>\n
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action plans on gender equality and supporting employees through the menopause (mandatory)\u00a0<\/span><\/li>\n
enhanced dismissal protections for pregnant women and new mothers\u00a0\u00a0<\/span><\/li>\n
specifying steps that are to be regarded as \u2018reasonable\u2019, to determine whether an employer has taken all reasonable steps to prevent sexual harassment\u00a0<\/span><\/li>\n
![\"drop](\"https:\/\/www.highspeedtraining.co.uk\/hub\/wp-content\/uploads\/2015\/09\/down53.png\")
\n <\/h3>\n \n ![\"Employers](\"https:\/\/www.highspeedtraining.co.uk\/hub\/wp-content\/uploads\/2025\/05\/employment-rights-bill.jpg\")
<\/figure><\/div>\n\n\n