The Employment Rights Act 2025 introduces significant changes for employers, with many reforms taking effect
during 2026. The Government is implementing the changes in phases to allow employers time to prepare and
update their policies, procedures and practices. This guide summarises the key changes taking effect in 2026 and
early 2027 and outlines the practical actions employers should be taking now.
This guidance has been prepared by Emphasis HR & Training using information available at the time of writing
on the Employment Rights Act and proposed employment law reforms expected during 2026 and 2027. As
details remain subject to consultation, draft regulations and further Government guidance, some aspects may
change before implementation. We will continue to monitor developments and update our guidance as further
information becomes available.
While reasonable care has been taken to ensure accuracy, Emphasis HR & Training accepts no liability for any
loss, damage or decision arising from reliance on the information contained in this document, which is provided
for general guidance purposes only.
What has already changed?
• Employment tribunal time limits increased from three months to six months
• Statutory Sick Pay is paid from the first day of illness. The lower earnings limit was also removed
• Paternity leave and unpaid parental leave became day one rights, removing previous service requirements
• Bereaved partners’ paternity leave becomes a day one right
• Levy removed that required payment for overseeing trade unions
• Simpler strike ballot rules are now in place
• Notice periods that trade unions must give employers before action is reduced
• Strengthened protection against dismissal for taking protected industrial action.
• Unions need to only demonstrate that 10% of the workers in the proposed bargaining unit are union members on applications for statutory recognition
• Disclosures about sexual harassment now count as a qualifying disclosure
• Employers of any size can now voluntarily publish menopause and gender pay gap action plans
• The maximum period of the collective redundancy protective award for failing to consult doubles from 90 to 180 days’ pay
• Employers must keep annual leave and holiday pay records for at least six years
• Unions are permitted to hold electronic and workplace ballots in respect of industrial action
Upcoming changes
Sexual harassment – 30 October 2026
What is changing?
■ Employers are required to take all reasonable steps to prevent sexual harassment
Key actions to take:
■ Implement “all reasonable steps” measures to prevent harassment
■ Assess current approach to assessing, managing and preventing the risk of harassment, including from third parties (risk assessments)
■ Stay informed and look out for regulations intended to clarify what constitutes reasonable steps (these not expected until 2027… after the changes come into force)
■ Review Anti-bulling and Anti-harassment policies and procedures
■ Implement training for all employees
How Emphasis can help: The Emphasis Speak Up service provides employees with an independent route for
raising workplace concerns. It can support your wider reporting arrangements by helping employees speak up
where they may not feel comfortable using internal channels.
We also deliver separate practical training sessions for employees and managers, virtually or in person. Training
covers expected standards of behaviour, reporting concerns, responding to incidents, third-party harassment
and the additional responsibilities held by managers. Refresher training and attendance records can also help
employers evidence the preventative steps they have taken. Please contact us for more information.
Protection from harassment – 30 October 2026
What is changing?
■ Introducing a new provision which makes employers liable for third-party harassment based on sex, age,
disability, religion or belief, and sexual orientation.
Key actions to take:
■ Audit relationships with third parties now to understand interactions and where issues may arise
■ Examine different situations employees may find themselves in contract with third parties
■ Risk assessments
■ Anticipate scenarios where issues may arise
■ Have a clear escalation route for employees who experience third party harassment
■ Update anti-bullying and anti-harassment policies and any associated guidance
■ Update managers and all employees of the new responsibility
Important: Whilst employers should assess and manage the risk of employees being harassed by third parties,
they should also take appropriate steps to prevent employees from behaving inappropriately towards customers,
clients, contractors and other external contacts. Other organisations may ask you to explain the policies, training
and reporting arrangements you have in place.
Trade union – right of access into workplaces – 30 October 2026 (subject to parliamentary approval)
Key changes:
■ Independent trade unions will have a new right to access workplaces and engage with workers, either in person or digitally
■ Employers and unions will be able to negotiate access agreements into workplaces under a new statutory framework introduced by the Employment Rights Act 2025
■ The Central Arbitration Committee (CAC) cannot impose an access agreement where an employer employs fewer than 21 workers (across all of their workplaces)
■ Employers must respond to requests within 15 working days of the request being sent
■ Employers and unions have 25 working days to negotiate an access agreement
■ If agreement cannot be reached, either party can apply to the CAC
■ The CAC can determine whether access should take place and on what terms
Key actions to take:
■ Consider how access could be arranged in your workplace (for example meeting space or digital channels)
■ Identify appropriate internal contacts to manage trade union requests, including email addresses that can be monitored
■ Communicate the upcoming changes and train HR teams and line managers on the new requirements where necessary
■ Develop a process for responding to requests and negotiating access agreements within statutory timeframes.
■ Consider how to balance access with operational needs. Develop processes for hosting trade union officials
Trade union – access and unfair practices – 30 October 2026 (subject to parliamentary approval)
The Employment Rights Act 2025 makes several changes to the statutory trade union recognition process. The
Code of Practice has been revised to reflect these changes.
Key changes:
■ Rules around unfair practices will apply earlier, from the point the CAC accepts a recognition application
■ Unions will be able to seek access to the workforce earlier, from the point the CAC accepts a recognition application
■ The period for negotiating trade union’s access to the workforce will be reduced to 15 working days, which can be extended by agreement between the union and employer
■ There will be more time for someone to raise an allegation of unfair practice after a recognition or derecognition ballot has closed, increasing from 1 working day to 5 working days
■ When considering an allegation of unfair practice, the CAC will only need to be satisfied that an unfair practice has occurred, and it will no longer need to consider the effect on the recognition ballot
Key actions to take:
■ Employers should read the updated Code of Practice on Access and Unfair Practice during the Recognition and Derecognition process
Trade union – rights and protections for trade union representative – 30 October 2026 (subject to parliamentary approval)
Key changes:
■ Employers will be required to allow union equality representatives reasonable paid time off to carry out their duties
■ Employers will be required to provide representatives with reasonable access to accommodation and other facilities to enable them to carry out their duties and purposes
■ Employers will be required to show that the time off proposed was not a reasonable amount of time if the matter goes to a tribunal
Key actions to take:
■ Read the revised Acas Code of Practice on time off for trade union duties and activities
■ Communicate the changes to HR and managers, where necessary
■ Update or put in place processes for requesting and recording time off
■ Ensure trade union representatives have access to appropriate facilities
■ Engage with recognised trade unions on implementation
Trade union – protection from detriment for industrial action – 30 October 2026 (subject to parliamentary approval)
Key changes:
■ Employers will be prohibited from treating workers unfairly, also known as imposing ‘detriments’, if the main purpose is to penalise, prevent or deter the worker from taking protected industrial action
Unfair dismissal – 1 January 2027
Key changes:
■ The qualifying period for protection against ‘ordinary’ unfair dismissal will be reduced from 2 years to 6 months. This means that all employees with six months’ service on 1 January 2027 will qualify for the right.
■ The qualifying period for employees’ right to request written reasons for dismissal will be reduced from 2 years to 6 months
■ The qualifying period for protection against unfair dismissal on grounds relating to spent convictions will be removed
Key actions to take:
■ Review probation periods and performance management procedures
■ Review and update policies, contracts, notice periods and dismissal wording
■ Train managers to address concerns promptly and follow a fair procedure
■ Hold regular one-to-one meetings and ensure they are documented securely
■ Ensure all dismissals follow fair reason and fair process from six month point
■ Keep accurate records. Document performance issues, warnings, and investigations
Limits on fire and rehire – 1 January 2027
Key changes:
■ Automatically unfair to dismiss an employee for refusing a ‘restricted variation’ to their contract, or to dismiss an employee if the main reason is to employ another to do the same work as the dismissed employee, or rehire the dismissed employee for the same work but under new terms covering the restricted variations
Key actions to take:
■ Think carefully before recommending fire and rehire as a solution to business leaders, considering the significant financial and reputational penalties at stake
■ Stay informed and look out for new regulations that will detail further restricted variations and revisions to the existing code of practice on dismissal and re-engagement, outlining the consultation process that employers will need to follow in cases where fire and rehire is permitted.
Before proposing contractual changes: Speak to Emphasis HR & Training for practical support with consultation planning, communications and employee relations. Specific legal advice may also be required.
Trade union – duty to inform workers of their right to join a trade union – 1 January 2027
Key changes:
■ Employers will be required to provide workers with a standardised statement informing them of their right to join a trade union, which may only be amended where required or permitted
■ The statement must be provided directly to new workers at the same time as the statement of employment particulars
The statement will include:
• a brief overview of the functions of a trade union
• information on recognised trade unions (where applicable), including their contact details and a summary of the worker categories and workplace locations covered by the recognition arrangements
• information on trade unions with which the employer has statutory access agreements (where applicable), including their contact details
• information on the Certification Officer’s list of trade unions
• a summary of statutory rights in relation to union membership
■ Employers will also need to provide the statement by 5 April 2027 to workers who were already employed when the duty comes into force and who remain employed on 5 April 2027.
They can do this by:
• using direct methods, such as email, post or in person or
• using indirect methods, such as an intranet or staff handbook, provided that workers are informed of
the location of the statement and that it remains continuously available and reasonably accessible.
■ After the worker has first received the statement or been informed of the location of the statement, the employer must provide the statement directly or issue a reminder to workers annually by 5 April in each following year
Key actions to take:
■ Familiarise yourself with the guidance issued by the Government
■ Gather information relating to any recognised trade unions or statutory access agreements, such as the name of the trade union, the workers covered by the recognition arrangements and relevant contact details
■ Consider how you would like to provide the statement to existing workers (e.g. indirect or direct)
Detailed guidance is expected to be published by the UK Government in November 2026.
Further anticipated changes:
• Further changes to trade union law
• Tipping law
• Wider statutory right to bereavement leave (including pregnancy loss)
• Immigration reforms. The Government’s May 2025 immigration white paper proposes reforms including phasing out the immigration salary list and tightening recruitment requirements for international students
• Requirement to publish action plans on gender equality and supporting employees through the menopause
• Enhanced dismissal protections for pregnant women and new mothers
• Reforms to flexible working requests
• Extending blacklisting protections
• Industrial relations framework
• Non-disclosure agreements (NDAs): regulations to prevent the misuse of NDAs in cases of workplace harassment or discrimination
• New threshold for collective redundancy consultation
• Reforms of zero hours and similar contracts
• Regulation of umbrella companies
Many of the changes outlined in this guide remain subject to further regulations, Codes of Practice, Government guidance and, in some cases, parliamentary approval. As a result, there is still some uncertainty around how certain measures will operate in practice, the extent of employer obligations and whether implementation dates may change. Employers should continue to monitor Government updates and review official guidance as it is published. Emphasis HR & Training will provide further updates as additional information becomes available.
How Emphasis HR & Training can help
The upcoming employment law reforms will require you to review existing policies and processes. We can help you understand what the changes may mean for your organisation, identify priorities, update documentation, deliver training, where relevant, and develop a practical implementation plan. Whatever stage of preparation you are at, we can work with you to ensure you are ready for the changes ahead.
If you have any questions or would like to discuss any of these upcoming changes in greater detail, please contact hello@emphasis.uk.com or 01794 874 232.
This guide is provided for general HR information only and does not constitute legal advice. Employment law and Government guidance may change, so employers should use the latest available information.
