Employment Rights Act 2025

Updated Implementation Dates

On 4 February 2026, the Government published an update to its original implementation roadmap timeline for the Employment Rights Act 2025 (the ERA). The original implementation roadmap timeline was published in July 2025 (the Original Roadmap).

The updated timeline published on 4 February 2026 (the Updated Roadmap):

  1. adds implementation dates for the provisions added to the ERA during the legislative deliberation process (such as the changes to unfair dismissal law);
  2. adds further detail to some of the planned measures; and
  3. changes the dates for the implementation of other measures.

Summary

What has the Updated Roadmap changed?

One of the key changes to the implementation timeline in the Updated Roadmap is the postponement of the planned implementation of the ‘fire and rehire’ provisions from October 2026 to January 2027. This delay allows time for a consultation to be carried out on the provisions so that their final parameters can be settled before they come into force, with the consultation closing on 1 April 2026.

Other notable changes in the Updated Roadmap include the removal of the planned implementation of day 1 rights for protection from unfair dismissal to reflect the removal of this provision from the ERA (there will now be a six month qualifying period instead, down from the current period of two years) and the addition of Bereaved Partner’s Paternity Leave, to take effect on 6 April 2026.

Timeline

Implementation of key measures under the ERA

Measures that will take effect on 6 April 2026

  • Day 1 Paternity Leave and Unpaid Parental Leave
  • Maximum period of protective award for collective redundancy doubled
  • Statutory Sick Pay (SSP) payable from first day of absence
  • Strengthened whistleblowing protections
  • Bereaved Partner's Paternity Leave
  • Voluntary gender equality action plans
Read more

Measures that will take effect on 7 April 2026

  • Fair Work Agency to be established
Read more

Measures for employers to consider from 30 June 2026

  • Reduction of unfair dismissal qualifying period from two years to six months
Read more

Measures that will take effect in October 2026

  • Employers required to take all reasonable steps to prevent sexual harassment of their employees
  • Employers required to take all reasonable steps not to permit the harassment of their employees by third parties
Read more

Measures that will take effect no earlier than October 2026

  • Increase in limitation period for bringing Employment Tribunal claims from three to six months
Read more

Measures that will take effect in January 2027

  • Reduction of unfair dismissal qualifying period and removal of cap for compensatory awards
  • Implementation of 'fire and rehire' protections
Read more

Measures that will take effect in 2027

  • Government to provide guidance on duty to take all reasonable steps to prevent sexual harassment
  • 'Umbrella companies' will be treated as 'employment businesses' and regulated by the Fair Work Agency
  • New threshold for collective consultation obligations
  • Employers to specify why it is 'reasonable' to refuse flexible working requests
  • Restrictions on zero hours contracts
  • Mandatory gender equality action plans
  • Enhanced dismissal protections for pregnant women and new mothers
  • Bereavement leave to include pregnancy loss
Read more

Disclaimer

This update should not be treated as legal advice and only provides general information on the issues discussed.