Employment Law · 20 May 2026 · 10 min read
Every ERA Change, In Plain English — And What You Need To Do About It
The Employment Rights Act 2025 is rolling out in seven waves between now and January 2027. Here's every change, decoded — with a four-part action list for your contracts, handbook, training and team comms.
Kate Underwood
HR Consultant & Founder, Kate Underwood HR & Training
🐝 Hello busy bees!
The Employment Rights Act 2025 is the biggest shake-up of UK workers' rights in over thirty years. Rather than landing all at once, it's rolling out in waves between December 2025 and January 2027.
Some of it's already in force. Some lands soon. The big one — day-one(ish) unfair dismissal protection — is coming in January 2027.
I've broken every single change down into the same simple format: what it is, what's changed, when it starts, and (the important bit) what you need to updatein your contracts, handbook, training and team comms. Click any change to expand the detail. If you'd like dedicated ERA support, head to my Employment Rights Act advice page.
The journey, at a glance
Seven waves of change between Royal Assent and January 2027.
| Date | What lands |
|---|---|
| Dec 2025 | Royal Assent |
| Feb 2026 | Trade union reforms |
| Apr 2026 | Big rights wave (9 changes) |
| Aug 2026 | E-balloting |
| Oct 2026 | Harassment & tipping |
| Dec 2026 | Seafarers' Charter |
| Jan 2027 | Unfair dismissal — the big one |
Phase 1 · The King says yes (Dec 2025)
Goodbye, Minimum Service Levels
18 December 2025In force
Goodbye, Minimum Service Levels
What is it?
The 2023 Strikes Act let some employers (mainly transport, health and education) force staff to provide a minimum service during strikes.
What's changed?
The whole Act has been scrapped. You can't require minimum service during a strike anymore.
When from
18 December 2025 (Royal Assent day)
How to update
- Contract: Nothing to do
- Handbook: Remove any MSL wording
- Training: Brief covered-sector managers only
- Comms: None needed
Phase 2 · Trade unions get their wings back (Feb 2026)
Trade Union Act 2016 — mostly torn up
18 February 2026In force
Trade Union Act 2016 — mostly torn up
What is it?
The 2016 Act layered lots of restrictions on unions — ballot rules, political fund renewals, long notice periods.
What's changed?
Most of those restrictions are gone. Striking employees also have stronger protection against being dismissed.
When from
18 February 2026
How to update
- Contract: No change
- Handbook: Quick check of industrial relations section
- Training: Remind managers — don't dismiss strikers
- Comms: Only if you have a recognised union
Phase 3 · The big April wave — nine changes in one month (Apr 2026)
A small admin tidy-up (Certification Officer levy)
1 April 2026In force
A small admin tidy-up (Certification Officer levy)
What is it?
A yearly fee unions and employer bodies paid to the Certification Officer (their regulator).
What's changed?
The fee is gone.
When from
1 April 2026
How to update
- Contract: Nothing to do
- Handbook: Nothing to do
- Training: Nothing to do
- Comms: Nothing to do (it's a union thing)
Get redundancy right — or pay double🔥 Priority
6 April 2026In force
Get redundancy right — or pay double🔥 Priority
What is it?
When you propose 20+ redundancies, you have to consult collectively. If you mess it up, a tribunal can order a 'protective award' — compensation for each affected employee.
What's changed?
The maximum award has doubled — from 90 days' pay to 180 days' pay per person. Getting consultation right just got twice as important.
When from
6 April 2026
How to update
- Contract: No change
- Handbook: Refresh redundancy procedure
- Training: Manager training on consultation rules
- Comms: Have a way to elect employee reps if no union
New dads, day one🔥 Priority
6 April 2026In force
New dads, day one🔥 Priority
What is it?
Paternity Leave (up to 2 weeks) and Unpaid Parental Leave (up to 18 weeks per child).
What's changed?
The old service requirements (26 weeks and 1 year respectively) are gone. Both are now day-one rights. I shared my thoughts on this change in HR Magazine.
When from
6 April 2026
How to update
- Contract: Update offer letters — remove service triggers
- Handbook: Rewrite both leave policies
- Training: Brief line managers
- Comms: Cover it in new starter onboarding
Speak up about harassment, stay protected
6 April 2026In force
Speak up about harassment, stay protected
What is it?
Whistleblowing law protects employees who raise concerns about wrongdoing from being punished for it.
What's changed?
Sexual harassment is now expressly covered. If a worker speaks up about it, they get the full whistleblower protection.
When from
6 April 2026
How to update
- Contract: No change
- Handbook: Update whistleblowing policy
- Training: Combine it with harassment training
- Comms: Make reporting routes obvious — posters, intranet, induction
When the worst happens — 52 weeks of compassion
6 April 2026In force
When the worst happens — 52 weeks of compassion
What is it?
A new right for fathers and partners if the mother or primary adopter dies within the first year of their child's life.
What's changed?
The surviving parent can now take up to 52 weeks of paternity leave (instead of the usual 2 weeks). A genuinely important new right.
When from
6 April 2026
How to update
- Contract: No change
- Handbook: Add a Bereaved Partners' Paternity Leave policy
- Training: Brief HR and payroll on the process
- Comms: Coach managers on supporting bereaved staff
Sick pay from hour one🔥 Priority
6 April 2026In force
Sick pay from hour one🔥 Priority
What is it?
Statutory Sick Pay (SSP) — the minimum you must pay employees who are off sick.
What's changed?
Two things. (1) The Lower Earnings Limit is gone — lower-paid workers now qualify. (2) The three 'waiting days' are gone — SSP is payable from day one. Budget for higher SSP costs.
When from
6 April 2026
How to update
- Contract: Update sick pay clauses
- Handbook: Rewrite sickness absence policy
- Training: Brief payroll and line managers
- Comms: Tell staff about their improved sick pay
Gender equality & menopause — the gentle nudge
6 April 2026In force · voluntary
Gender equality & menopause — the gentle nudge
What is it?
A new voluntary framework asking employers to publish action plans on gender equality and menopause support, plus new official menopause guidance.
What's changed?
Currently voluntary — but a strong hint that mandatory rules for bigger employers are on the way.
When from
6 April 2026
How to update
- Contract: No change
- Handbook: Add a menopause policy; refresh equal opps
- Training: Manager awareness training
- Comms: Signal commitment — intranet, newsletter
Easier to say yes to a union
6 April 2026In force
Easier to say yes to a union
What is it?
The process by which a union can be formally recognised for collective bargaining in your business.
What's changed?
The process is simpler. It's easier for unions to gain recognition if your workforce wants one.
When from
6 April 2026
How to update
- Contract: No change
- Handbook: Review industrial relations section
- Training: Brief senior managers if it might come up
- Comms: Not needed unless approached
Meet the new sheriff in town — the Fair Work Agency🔥 Priority
7 April 2026In force
Meet the new sheriff in town — the Fair Work Agency🔥 Priority
What is it?
A new single enforcement body for employment rights. Think 'super-regulator' — it brings together what HMRC's NMW team, the Employment Agency Standards Inspectorate, and a few others used to do separately.
What's changed?
One agency, much broader powers, and (for the first time) state enforcement of holiday pay. It can inspect, demand evidence, and even bring tribunal claims for a worker. Fines can be up to £20,000 per affected worker — I wrote about this in detail here.
When from
7 April 2026 (transitional year — HMRC still does NMW for 2026/27)
How to update
- Contract: Check pay, holiday and SSP clauses are compliant
- Handbook: Match policy to what you actually do
- Training: Payroll & HR — especially holiday pay
- Comms: Display required posters (wage rates etc.)
Phase 4 · Strike votes go digital (Aug 2026)
E-balloting and workplace balloting
August 2026Upcoming
E-balloting and workplace balloting
What is it?
Statutory union ballots (for industrial action, recognition, etc.) used to have to be done by post.
What's changed?
Electronic and workplace ballots are now allowed. Expect higher turnouts and faster, more decisive results.
When from
August 2026 (exact date in regulations)
How to update
- Contract: No change
- Handbook: No change
- Training: Brief senior managers
- Comms: Only relevant if you have unions
Phase 5 · The second big swarm (Oct 2026)
Harassment — the bar just got higher🔥 Priority
October 2026Upcoming
Harassment — the bar just got higher🔥 Priority
What is it?
You already have a duty to take 'reasonable steps' to prevent sexual harassment of your workers (in force since October 2024).
What's changed?
The bar is being raised to 'all reasonable steps' — a higher standard. Plus, you'll be liable for harassment of your staff by third parties (customers, suppliers, contractors).
When from
October 2026 (date to be confirmed)
How to update
- Contract: Add or strengthen a dignity-at-work clause
- Handbook: Overhaul anti-harassment policy
- Training: Mandatory training for all — with records kept
- Comms: Visible reporting routes, signage for customer-facing teams, risk assessments done
Tell your team they can join a union🔥 Priority
October 2026Upcoming
Tell your team they can join a union🔥 Priority
What is it?
A new duty on every employer to inform workers that they have a right to join a trade union.
What's changed?
This becomes a positive obligation — likely a written statement added to section 1 written particulars, plus reinforcement at intervals.
When from
October 2026
How to update
- Contract: Add the statement to your written particulars
- Handbook: Add a short notice in induction section
- Training: Brief HR / onboarding
- Comms: Issue at induction and refresh periodically
Tips, tightened
October 2026Upcoming
Tips, tightened
What is it?
Builds on the 2024 tipping rules that required 100% of tips to be passed on fairly.
What's changed?
Further tightening — particularly around tronc systems and consulting workers on tipping policies.
When from
October 2026
How to update
- Contract: Reflect tronc/tip allocation if relevant
- Handbook: Update tipping policy in writing
- Training: Front-of-house managers & tronc admins
- Comms: Customer-facing signage if needed
Outsourced doesn't mean second-class
October 2026Upcoming
Outsourced doesn't mean second-class
What is it?
Rules to stop workers brought in through outsourced contracts being employed on much worse terms than direct staff doing the same work.
What's changed?
The two-tier code returns with stronger force — mainly relevant if you bid for public sector contracts or outsource services.
When from
October 2026
How to update
- Contract: Review supplier/outsourcing contracts
- Handbook: Reflect in TUPE and outsourcing policies
- Training: Procurement and HR teams
- Comms: N/A unless you outsource or bid public
Adult social care gets a new voice
October 2026Upcoming
Adult social care gets a new voice
What is it?
Regulations bringing forward a sector-wide negotiating body for adult social care in England.
What's changed?
First step toward sector-wide pay bargaining for adult social care.
When from
October 2026 (regulations); negotiations later
How to update
- Contract: Watch for sector-wide outcomes
- Handbook: Nothing yet
- Training: Care providers — monitor closely
- Comms: Care providers may want to engage
Reps and recognition — a fairer playing field
October 2026Upcoming
Reps and recognition — a fairer playing field
What is it?
A bundle of union-related changes — access to workplaces, rights for trade union reps, and tighter rules on employer conduct during union recognition campaigns.
What's changed?
Unions get clearer access rights, reps get stronger protections, and there are new limits on what employers can do during a recognition campaign.
When from
October 2026
How to update
- Contract: No direct change
- Handbook: Update industrial relations & time-off-for-reps policies
- Training: Manager training on lawful conduct
- Comms: Be transparent and even-handed in any campaign
Twice the time to file a claim
No earlier than Oct 2026Upcoming
Twice the time to file a claim
What is it?
The time an employee has to bring a tribunal claim.
What's changed?
Expected to extend from 3 months to 6 months for most claims. Stale issues could come back to bite.
When from
No earlier than October 2026
How to update
- Contract: No change
- Handbook: No change
- Training: Reinforce record-keeping discipline
- Comms: Document every disciplinary, grievance and dismissal step
Phase 6 · Seafarers get their charter (Dec 2026)
The Mandatory Seafarers' Charter
December 2026Upcoming
The Mandatory Seafarers' Charter
What is it?
A charter setting minimum standards for seafarers operating to and from UK ports.
What's changed?
It was voluntary — now it's mandatory for in-scope operators.
When from
December 2026
How to update
- Contract: Maritime employers — check compliance
- Handbook: Update if in scope
- Training: Operational managers in scope
- Comms: Not relevant to most SMEs
Phase 7 · The big one (Jan 2027)
Unfair dismissal — six months & no cap🔥 Priority
1 January 2027Upcoming
Unfair dismissal — six months & no cap🔥 Priority
What is it?
The right to claim unfair dismissal at a tribunal. Right now, employees normally need 2 years' service to claim, and compensation is capped at around £115,000.
What's changed?
The qualifying period drops to 6 months. The compensation cap is removed altogether. Faster route to claim, potentially much bigger awards.
When from
1 January 2027 (for dismissals on or after that date)
How to update — start now
- Contract: Tighten probation clauses — clear criteria, review meetings, extension rights
- Handbook: Rewrite probation, performance and capability procedures
- Training: Compulsory line manager training on lawful dismissal and the ACAS Code
- Comms: Set clear performance expectations at induction and keep written feedback
Fire-and-rehire — pretty much over🔥 Priority
1 January 2027Upcoming
Fire-and-rehire — pretty much over🔥 Priority
What is it?
The controversial tactic of sacking employees and re-engaging them on worse terms (often to force through contract changes).
What's changed?
Substantially restricted — effectively banned except in narrow circumstances where you can prove genuine financial necessity.
When from
1 January 2027
How to update
- Contract: Build in lawful flexibility from the start
- Handbook: Update 'changes to terms' procedures
- Training: Senior management on lawful routes to vary terms
- Comms: Negotiation and consultation become essential
“6–7 April 2026 is the single most important moment for SMEs in this whole rollout. Get your redundancy and SSP procedures sorted, and start the Fair Work Agency conversation now.”
Beyond the ERA — other changes worth knowing
Flexible working — flexible from day one
6 April 2024In force
Flexible working — flexible from day one
What is it?
The statutory right to ask for flexible working arrangements.
What's changed?
No more 26-week service requirement. Employees can make 2 requests per year (up from 1). You must respond within 2 months (down from 3), and consult before refusing.
When from
6 April 2024
How to update
- Contract: No direct change
- Handbook: Update flexible working policy with consultation step
- Training: Manager training on the 8 grounds for refusal & how to document
- Comms: Mention in onboarding and intranet
The harassment duty already on your shoulders
26 October 2024In force
The harassment duty already on your shoulders
What is it?
The Worker Protection Act 2023 created a positive duty for every employer to take 'reasonable steps' to prevent sexual harassment of their workers.
What's changed?
Tribunals can uplift sexual harassment compensation by up to 25% if you haven't met the duty. The EHRC can also take enforcement action. The bar rises to 'all reasonable steps' in October 2026.
When from
26 October 2024 (already live)
How to update
- Contract: Dignity-at-work clause
- Handbook: Robust anti-harassment policy, risk-assessed for your sector
- Training: All staff & manager training — keep records
- Comms: Multiple visible reporting routes including confidential
When baby needs neonatal care
6 April 2025In force
When baby needs neonatal care
What is it?
A new right for parents whose baby needs neonatal care for at least 7 consecutive days within the first 28 days after birth.
What's changed?
Up to 12 weeks of leave (one week per week of care). Leave is a day-one right; statutory pay (£187.18/week or 90% of earnings if lower, from April 2025) requires 26 weeks' service.
When from
6 April 2025
How to update
- Contract: No direct change
- Handbook: Add a Neonatal Care Leave policy
- Training: HR & payroll on eligibility and notice
- Comms: Include in new starter pack & maternity/paternity comms
New minimum wage rates (April 2026)
1 April 2026In force
New minimum wage rates (April 2026)
What is it?
The statutory minimum hourly rates every employer must meet.
What's changed?
From 1 April 2026: NLW (21+) £12.71/hr (+4.1%); 18–20 £10.85/hr (+8.5%); 16–17 & apprentices £8.00/hr. Accommodation offset £11.10/day.
When from
1 April 2026
How to update
- Contract: If a fixed hourly rate is stated, update; pay-by-reference clauses self-update
- Handbook: Update pay policy and banding tables
- Training: Payroll — watch deductions that push pay below NMW
- Comms: Tell staff about new rates
Your beekeeper's checklist
If reading all that has left you feeling slightly stung, take a breath. Here's the short version — three time horizons, three sets of actions.
🐝 Next 30 days — quick wins
Forecast your new SSP costs. Update paternity, parental, neonatal and bereaved partners' leave policies. Get your section 1 statement template ready for October 2026.
🐝 Next 6 months — the big projects
Rewrite your anti-harassment policy for 'all reasonable steps' and third-party liability. Roll out training. Tighten probation and performance management. Audit your redundancy consultation process.
🐝 Plan for 2027 — the big one
Speak to your employers' liability insurer about uncapped unfair dismissal compensation. Budget for manager training. Most importantly — get advice early.
A note on what's still to be confirmed
Some elements of the Act — particularly the detail on 'all reasonable steps' and new harassment regulations — will be filled in by secondary legislation during 2026. Where this guide says “expected” or “likely”, treat it as my best read in May 2026, not the final word. I'll keep the page updated.
Hear me unpack the ERA on Buzzing About HR
Every week I dig into HR trends, real workplace stories and the practical stuff small businesses actually need. There's a whole stream of ERA episodes — perfect for the commute or the kettle break.
Keep reading
More from the blog on the changes that matter most.
The £20,000 per worker mistake hiding in your SME
An inspector can knock anytime — no complaint needed. What records the new Fair Work Agency will check, and how to avoid costly mistakes.
Read moreAre you sure your contractor isn't actually an employee?
Get it wrong and you could face back-tax, back-pay, and headaches. A plain-English check on whether your freelancer might really be staff.
Read moreIs your business protected from employee social media risk?
One weekend rant can spark a PR crisis. How to lawfully and fairly monitor staff social media in plain English.
Read moreRIDDOR explained: are you meeting your legal duty?
What needs RIDDOR reporting, when, and how — so you protect staff, meet your legal duty, and keep the HSE onside.
Read moreNeed a hand keeping your hive in order?
Most SME owners didn't get into business to keep up with employment law. Let's have a free, friendly chat about what the Employment Rights Act means for your business — and which actions to prioritise first.
Book a discovery callDisclaimer: This page is for general guidance only and does not constitute legal advice. Some elements of the Act will be filled in by secondary legislation during 2026 — we'll keep the page updated.
Last updated: May 2026 · Sources: UK Government ERA Implementation Roadmap, ACAS, EHRC, Low Pay Commission
© Kate Underwood HR & Training — Buzzing About HR