Update to the timeline of the Employment Rights Act

by Ellie Thompson

3 March 2026


The Government has published a revised implementation timeline for the Employment Rights Act 2025, setting out when key reforms to employment law will take effect over the next two years. The original timeline was issued in July 2025, and this update is intended to provide greater certainty for employers and employees about when new rights and obligations will apply.

What are the key changes to the timeline?

Unfair dismissal reforms

The reduction of the unfair dismissal qualifying period to six months (from two years), alongside the removal of the compensatory award cap, is now scheduled for January 2027. This will remove the existing statutory cap on unfair dismissal compensation, which is currently the lower of £118,223 or one year’s salary.

Fire and rehire provisions

Measures relating to ‘fire and rehire’, previously expected to come into force in October 2026, have been delayed until 2027. As a result, these protections will be introduced at the same time as the reduced six-month qualifying period for unfair dismissal and the removal of the compensatory award cap.

Bereaved Partners’ Paternity Leave

This entitlement will now take effect on 6 April 2026, bringing it forward from the original planned date of 1 January 2027. This leave will enable bereaved fathers and partners to take up to 52 weeks of paternity leave if the mother or primary adopter dies within the first year of the child’s life.

Fair Work Agency

The establishment of the Fair Work Agency has been confirmed for 7 April 2026. It is designed to bring together existing enforcement bodies and take on enforcement of other employment rights, such as holiday pay and statutory sick pay.

Trade union balloting

The introduction of electronic and workplace balloting for statutory trade union ballots has been delayed from April 2026 to no earlier than August 2026.

Employment Tribunal time limits

Extensions to Employment Tribunal time limits will take effect no earlier than October 2026, meaning implementation may be later than originally anticipated.

Fair Pay Agreement in adult social care

Regulations establishing the Fair Pay Agreement Adult Social Care Negotiating Body in England will come into force in October 2026.

What should you do?

 These above changes highlight the continuing pace of developments in employment law and the need for employers to stay alert to new obligations. If you have any queries relating to the above, or any other employment law matters, please do not hesitate to contact us contact us HERE.

 

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