The UK employment law landscape is changing in stages. Although often referred to informally as the “Employment Rights Act 2026”, the legislation is formally the Employment Rights Act 2025. Its measures are being introduced across 2026 and 2027 through commencement dates, regulations and further consultation.

For employers, the practical message is clear: do not wait until April 2027 to review contracts, policies and HR processes. Some significant rights have already changed, while others will affect recruitment, probation, dismissal decisions, working patterns and employment tribunal risk.

This guide explains the key deadlines for employers in England and Wales and the steps businesses should take now.

Important: The implementation timetable may change as regulations and guidance develop. This article reflects the position at 17 August 2026 and is general information, not legal advice.

The key Employment Rights Act deadlines

The Government’s official implementation timetable confirms that some later dates remain subject to consultation and parliamentary processes.

1. What employers should already have changed

Several important reforms took effect on 6 April 2026.

Day-one family-friendly rights

Paternity leave and ordinary unpaid parental leave are now day-one rights. Employees no longer need to complete the previous qualifying service periods before becoming eligible to request these forms of leave.

Employers should have:

• Updated family leave policies and employee handbooks.
• Revised onboarding information for new starters.
• Trained managers not to reject requests because an employee is new.
• Checked payroll and HR systems for correct recording of leave.
• Reviewed how family leave interacts with annual leave, sickness absence and other statutory rights.

Bereaved partners may also be entitled to extended paternity leave where the mother or primary adopter dies during the first year of the child’s life. This is a sensitive area requiring careful, confidential handling.

Statutory Sick Pay

Statutory Sick Pay is now payable from the first day of sickness absence, and the Lower Earnings Limit has been removed. The previous waiting-day rules no longer apply.

Employers should check whether their payroll software, absence procedures and contractual sick pay policies have been updated. Inaccurate payroll treatment may lead to arrears, complaints or enforcement action.

Whistleblowing and sexual harassment

Sexual harassment is now expressly treated as a qualifying disclosure for whistleblowing purposes. A worker who raises a sexual harassment concern as a protected disclosure may have protection from detriment and unfair dismissal.

Your whistleblowing procedure should explain:

• How a worker can report concerns.
• Who will receive and investigate the report.
• How confidentiality will be handled.
• How retaliation and victimisation will be prevented.
• How concerns involving senior staff or third parties will be escalated.

This should work alongside your anti-harassment and grievance procedures, rather than replacing them.

2. October 2026: longer tribunal exposure and stronger harassment duties

Tribunal claims: a six-month time limit

From 1 October 2026, the time limit for most Employment Tribunal claims will increase from three months to six months, subject to the applicable rules and the Acas Early Conciliation process.

This change is highly relevant to businesses dealing with potential tribunal claims in 2026. It may give former employees longer to assess their position, obtain advice and bring claims involving dismissal, discrimination, whistleblowing, unlawful deductions and other employment rights.

Employers should not interpret the longer limit as a reason to delay action. Instead, businesses should:

• Preserve documents as soon as a dispute appears likely.
• Keep clear records of performance, conduct, grievances and meetings.
• Review how long HR records are retained.
• Notify insurers promptly where appropriate.
• Seek advice before deleting emails, messages or investigation documents.
• Consider early settlement where it is commercially sensible.

A longer limitation period can increase the time during which evidence, witnesses and decision-makers may become difficult to locate.

Sexual harassment: “all reasonable steps”

From 30 October 2026, employers will be required to take all reasonable steps to prevent sexual harassment of employees. Employers may also face liability for harassment by third parties, such as customers or clients, unless they can show that they took appropriate preventative measures.

A policy on its own is unlikely to be enough. Employers should consider:

• A workplace harassment risk assessment.
• Sector-specific risks, including customer-facing roles and lone working.
• Practical reporting routes outside the employee’s direct manager.
• Regular training for managers and staff.
• Clear investigation and disciplinary procedures.
• Monitoring whether complaints are repeated in a particular team or location.
• Measures to protect anyone who reports a concern.

The focus is increasingly on prevention, not simply responding after an incident.

3. January 2027: unfair dismissal, probation and fire-and-rehire

The qualifying period will reduce to six months

From 1 January 2027, ordinary unfair dismissal protection will generally apply after six months’ continuous service, rather than two years. The statutory cap on the compensatory award for ordinary unfair dismissal will also be removed.

It is important to correct a common misunderstanding: the current enacted timetable does not introduce a nine-month unfair dismissal qualifying period. Some early commentary referred to different proposals, but the current position is six months.

This means an employee who started around 1 July 2026 may have ordinary unfair dismissal protection from 1 January 2027 if they remain employed and meet the relevant conditions.

The change does not mean that every dismissal will be unlawful. Employers may still dismiss for a fair reason, such as capability, conduct, redundancy, statutory restriction or another substantial reason. However, the employer will need to demonstrate a fair process and reasonable decision-making much earlier in the employment relationship.

What this means for probation

The Act does not create a universal statutory probation period. However, employers should review probation arrangements because a probation clause cannot be treated as a substitute for a fair dismissal process.

Practical steps include:

• Set clear performance and conduct expectations from the start.
• Hold documented probation reviews.
• Give employees a reasonable opportunity to respond to concerns.
• Consider reasonable adjustments where disability may be relevant.
• Check whether discrimination, whistleblowing or other automatic unfair dismissal protections apply regardless of service.
• Avoid dismissing simply because the employee is within probation.
• Obtain advice before dismissing a new starter where the facts are contentious.

A shorter qualifying period makes reliable recruitment, induction and performance documentation more important.

Fire-and-rehire restrictions

From 1 January 2027, dismissing an employee and rehiring them on worse terms will generally become automatically unfair, subject to limited exceptions.

Employers should not use fire-and-rehire as a shortcut for changing pay, hours, location or other contractual terms. Before proposing changes, consider:

1. The genuine business reason for the proposed change.
2. Whether voluntary agreement is possible.
3. Whether consultation has been meaningful.
4. Whether alternative cost-saving measures are available.
5. Whether collective consultation obligations apply.
6. Whether redundancy or reorganisation procedures are more appropriate.
7. Whether the proposed change could create discrimination or other legal risks.

Existing contractual variation and restructuring plans should be reviewed well before January 2027.

4. Planning for April 2027 and the remaining 2027 reforms

April 2027 should be treated as a significant planning checkpoint, even where the precise commencement date for a particular measure has not yet been confirmed.

The planned 2027 reforms include:

• A right for qualifying zero-hours and low-hours workers to receive an offer of guaranteed hours.
• Reasonable notice of shifts and changes to shifts.
• Compensation where qualifying shifts are cancelled, moved or curtailed at short notice.
• New statutory bereavement leave, including pregnancy-loss-related provisions.
• Stronger dismissal protection for pregnant employees and new mothers.
• Mandatory gender equality and menopause action plans for relevant employers.
• Restrictions on the misuse of non-disclosure agreements in harassment and discrimination cases.
• Further flexible working reforms.
• Wider collective redundancy rules.

Employers using casual, seasonal, agency or low-hours workers should begin auditing working patterns now. Keep accurate records of hours actually worked, shifts offered, cancellations and changes. These records may become important when assessing whether a worker qualifies for guaranteed hours or compensation.

Employer action checklist

By April 2027, employers should aim to have:

• Audited employment contracts and written statements.
• Reviewed probation and performance management procedures.
• Updated family-friendly, sick pay, whistleblowing and harassment policies.
• Trained managers on early fair process and protected disclosures.
• Reviewed any proposed contractual changes or restructuring.
• Stopped treating fire-and-rehire as a routine option.
• Improved HR record retention and dispute escalation.
• Audited zero-hours, low-hours and casual working arrangements.
• Checked payroll systems for family leave and statutory sick pay changes.
• Introduced a process for monitoring new commencement regulations.
• Taken advice on any potential dismissal, discrimination or whistleblowing dispute.

How Tyndale Solicitors can help

The reforms affect more than policy wording. They may change how employers recruit, manage probation, handle absence, investigate complaints, restructure teams and respond to potential tribunal claims.

Tyndale Solicitors’ employment law team advises employers and employees across England and Wales on contracts, disciplinary and grievance procedures, unfair dismissal, discrimination, whistleblowing, redundancy, settlement agreements and Employment Tribunal matters.

For a review of your contracts, HR policies or proposed workforce changes, contact our employment law solicitors before the next rollout deadline.

Sources and further reading

• Government: Employment Rights Act implementation timetable
• Acas: Employment Rights Act 2025 guidance
• Legislation.gov.uk: Employment Rights Act 2025
• Tyndale Solicitors: Employment Law