Employment Rights Act 2025: implementation timeline changes again

But the timetable has changed again. 

The government has pushed back some reforms and given us more detail about when others are expected to take effect during 2027. 

1 January 2027

We already knew that, from 1 January 2027, employees will only need six months' service to bring an ordinary unfair dismissal claim, rather than two years. The government will also remove the cap on the compensatory award for unfair dismissal from this date. 

We also knew that the government has pushed back the new duty to inform workers of their right to join a trade union from 30 October 2026 to 1 January 2027. From that date, you will need to provide the statement to all new workers. You will then have until 5 April 2027 to provide it to existing workers. We are still waiting for the government to publish the wording you will need to use. 

The latest timeline now confirms that changes to tipping law will also take effect on 1 January 2027, rather than by the end of 2026 as previously expected. Since October 2024, employers have been required to pass all qualifying tips, gratuities and service charges to workers and distribute them fairly and transparently. The ERA 2025 introduces additional consultation requirements. Before issuing a written tips policy, you will need to consult recognised trade unions or worker representatives. You must also review the policy at least every three years and repeat the consultation process as part of each review. 

March 2027

We were expecting the new restrictions on dismissal and re-engagement, often known as ‘fire and rehire’, to take effect in January 2027. However, the government has now pushed these back to March 2027. 

Under the new rules, a dismissal will be automatically unfair if an employer dismisses an employee because they refuse to agree to a restricted variation to their contract, unless the employer faces severe financial difficulties and has no reasonable alternative. 

Restricted variations include changes to key contractual terms such as pay, hours, and the insertion of a term enabling the employer to make any variation with regard to any of the other restricted variation clauses, without the employee's agreement. 

From March 2027, it will also become mandatory for public authorities to produce action plans on gender equality and supporting employees through the menopause. Reporting dates will align with the gender pay gap reporting cycle. 

April 2027

The new right to bereavement leave will take effect in April 2027. It will be a day one right and will apply following the death of a spouse, civil partner, partner, adult child or sibling. The right will also cover pregnancy loss before 24 weeks. Eligible employees will be able to take up to two weeks’ leave within 56 weeks of the bereavement. The government has recently published its consultation response, and we'll take a closer look at what the new right means in a separate blog.  

From April 2027, private-sector employers with 250 or more employees will also have to produce action plans on gender equality and supporting employees through the menopause. Again, reporting dates will align with the existing gender pay gap reporting cycle.  

Other measures due to take effect in April 2027 include new blacklisting protections. These will ban the use of blacklists created using AI and extend the prohibition on blacklisting by third parties. 

The government also plans to introduce the new organisation-wide threshold for collective redundancy consultation in April 2027. It has consulted on what this additional threshold should be where an employer proposes redundancies across more than one site. We are now waiting for the government to confirm its decision on what the new threshold will be. 

August 2027

The government now plans to introduce electronic balloting for statutory recognition and derecognition ballots in August 2027. 

This follows the introduction of electronic balloting for statutory union ballots, which took effect on 25 August 2026. You can read more about this change here. 

September 2027

The government now expects regulations restricting the use of non-disclosure agreements (NDAs) in workplace harassment and discrimination cases to take effect in September 2027. 

The government consulted between April 2026 and July 2026 on the limited circumstances in which these NDAs should remain enforceable. We are still waiting for its response. 

October 2027

The enhanced dismissal protections for pregnant women and new mothers are now due to take effect in October 2027. The government has recently published its response to its consultation on these changes, and we'll cover what they mean in more detail in a separate blog. 

Changes to the right to request flexible working are also expected to take effect in October 2027. If you reject a statutory flexible working request, you will have to show that your decision was reasonable. The government will also have the power to set out a process that employers must follow before refusing a request. You can read more about these changes here. 

What about the introduction of guaranteed hours for zero-hours workers?

No, we haven't missed this out!

We still don't have an implementation date. The latest timeline says that the government will update the timings for introducing the right to guaranteed hours, reasonable notice of shifts and payments for shifts cancelled or changed at short notice following the consultation process. 

So, for now, we'll have to wait for more detail. In the meantime, you can read more here about some of the issues we've raised about the government's proposals on guaranteed hours. 

What should employers do now?

The government has now given us a clearer picture of when many of the remaining ERA 2025 reforms are expected to take effect in 2027. But there are still important gaps. We are waiting for further regulations, consultation responses and practical detail on how some of these new rights and obligations will work. 

You should use the current timetable to plan ahead, while keeping an eye out for further changes as 2027 approaches. 

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

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