Employment Rights Act: updated timeline for schools and colleges

Although some changes have already taken effect, several significant reforms will be introduced over the next few months. The government has recently updated its implementation roadmap, making this a good opportunity to review the key dates, understand what is changing and make sure you are prepared for the next phase of reform.  

Tribunal time limits 

From 1 October 2026, employees will have six months, rather than three, to bring most employment tribunal claims. The new time limit will apply where the relevant date, such as the effective date of dismissal or the act of discrimination complained of, falls on or after 1 October 2026.

As a result, you will need to address workplace issues promptly before they escalate. Early intervention, consistent processes and effective manager training will become even more important. 

Sexual harassment

The ERA 2025 strengthens employers' existing duty to prevent sexual harassment. 

Since October 2024, employers have had to take reasonable steps to prevent sexual harassment. From 30 October 2026, you must take all reasonable steps, which sets a significantly higher standard. 

Third-party harassment

From 30 October 2026, employers will also become liable for all types of harassment of workers by third parties, such as pupils, parents and contractors.

To prepare for these changes, you should identify where staff interact with third parties, assess the risk of harassment in those settings, update risk assessments, policies and reporting procedures, and train managers to recognise, investigate and respond to complaints effectively. You can find more detailed advice here.

Trade union reforms

Several trade union reforms will take effect on 30 October 2026, including:

• a new right for trade unions to request physical and/or digital workplace access
• enhanced rights for trade union representatives, union learning representatives and equality representatives; and
• protection from detriment where the sole or main purpose is to penalise, prevent or deter participation in industrial action

You can find out more about these changes here and here. 

The government had been expected to also introduce the new duty to inform workers of their right to join a trade union in October 2026. However, it has now confirmed that the duty is expected to come into effect on 1 January 2027. From that date, you will need to provide the statement to all new workers. You will then have to provide it to existing workers by 5 April 2027. 

Find out more here. 

Unfair dismissal

From 1 January 2027, the qualifying period for ordinary unfair dismissal claims will reduce from two years to six months. The cap on the compensatory award will also be removed. 

These changes will significantly increase the number of employees with unfair dismissal protection. You should review your employment contracts and probationary arrangements now and understand how to manage fixed-term contracts. Many employers currently use six-month probation periods, but you will need to shorten these so that managers can assess a new starter's suitability before ordinary unfair dismissal rights arise. 

Fire and rehire

New restrictions on dismissal and re-engagement, often known as ‘fire and rehire’, will also take effect in January 2027. 

Under the new legislation, dismissing an employee for refusing a restricted variation to their contract will be automatically unfair unless you face severe financial difficulties and have no reasonable alternative,a threshold that will be very difficult to establish in the public sector.hich will be very difficult to establish in the public sector. 

Other changes expected during 2027

Further reforms expected in 2027 include: 

• gender equality and menopause action plans (for large schools and colleges) 
• enhanced dismissal protection for pregnant women and new mothers
• changes to collective redundancy consultation threshold
• reforms to flexible working (expected in autumn 2027)
• a new right to bereavement leave (April 2027)

• the introduction of the right to guaranteed hours, reasonable notice requirements and short-notice payments for

  workers on zero-hours contracts, low-hours contracts and agency workers
• more trade union reform; and  
• restrictions on the use of non-disclosure agreements (NDAs).

What should schools and colleges do now?

With major changes still to take effect, you should start preparing now. 

Reviewing policies, contracts, staff training and workplace procedures ahead of implementation dates will help you reduce legal risk, manage employee relations effectively and avoid a last-minute compliance exercise. 

How can we support you?

We can support you at every stage, from resolving workplace issues and managing grievances, disciplinary and performance concerns, through to defending employment tribunal claims from Acas Early Conciliation to the final hearing. You can find out more here.  

Our Back to Basics training includes dedicated modules on harassment for both employees and line managers, as well as practical guidance to help managers handle day-to-day people issues fairly, consistently and confidently. 

In addition, we can review your contracts of employment, identify any areas of risk and help you implement the changes needed to comply.

Please speak to Jenny Arrowsmith or Gordon Rodham for more information.

You can find out more about the ERA 2025 changes and how we can help you prepare here. 

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