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Upcoming Changes

​This page summarises employment law changes that are expected in the future. For changes that are already in force, please see the Recent Changes page.​ If you have any questions on the content of this page, contact us. 

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The Employment Rights Act

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The Employment Rights Bill, originally introduced on 10 October 2024, represented a significant overhaul of UK employment law, marking the most substantial changes in over three decades. The Bill aimed to enhance workers' rights and provide a more balanced framework for both employees and employers. The Bill received Royal Assent and became the Employment Rights Act 2025 on 18 December 2025.

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The changes are extensive, covering various aspects of employment law, including unfair dismissal, flexible working, zero-hours contracts, and more.  

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Different elements of the Act will be implemented over the next few years.

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On this page we summarise the key changes that will impact SMEs and the confirmed and proposed dates for implementation.

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1st October 2026

Employment Tribunal Time Limits​

The time limits to make a claim to an employment tribunal will be extended from 3 months to 6 months for the majority of claims (including discrimination and unfair dismissal). For breach of contract claims in Scotland, the change will take effect on 9th November 2026.
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30th October 2026

Strengthened Protections against Harassment ​
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From 30 October 2026, employers will be required to take “all reasonable steps” to prevent sexual harassment of their employees, raising the standard from the current requirement to take “reasonable steps”.

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Employers may also become liable where an employee is harassed by a third party, such as a customer, client, contractor, supplier, service user or visitor, unless the employer can demonstrate that it took all reasonable steps to prevent the harassment. This protection is not limited to sexual harassment and applies to harassment related to protected characteristics more generally.

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The Act also gives the government power to specify particular evidence-based preventative steps through future regulations. These regulations will complement, rather than replace, the broader duty to take all reasonable steps.

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30th October 2026

Trade Union Rights and Protections
 

Independent trade unions will have new rights to request physical or digital access to workplaces. Employers will need to respond to formal access requests within the statutory timeframe.

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Trade union representatives will also have stronger rights to reasonable paid time off and appropriate facilities, including new rights for union equality representatives. Workers taking part in protected industrial action will receive greater protection against detrimental treatment.

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A union can make an access request to an employer of any size, although the Central Arbitration Committee cannot impose an access agreement where the employer has fewer than 21 workers across all its workplaces.

By the end of 2026

Tightening Tipping Laws​
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It will be mandatory for employers, when developing their tipping policies, to consult with workers at the place of business. Employers will also be required to review their tipping policy at least once every three years.

January 2027

Statement of Trade Union Rights


Employers will be required to give workers a written statement informing them of their right to join a trade union. The statement will need to be provided in accordance with regulations, including at the start of employment alongside the written statement of employment particulars. Further details on the required wording and timing are awaited.

1st January 2027

Unfair Dismissal


For dismissals taking place on or after 1 January 2027, the qualifying period for bringing an ordinary unfair dismissal claim will reduce from two years to six months. Employees who already have at least six months’ service on 1 January 2027 will acquire this protection from that date.​

1st January 2027

Removal of unfair dismissal cap​

From 1 January 2027, the statutory cap on the compensatory award for ordinary unfair dismissal will be removed. This could significantly increase potential compensation in cases involving higher earners or lengthy periods of financial loss.​

1st January 2027

Restrictions on Fire and Rehire Practices​
 

From 1 January 2027, dismissing and re-engaging an employee because they have refused to accept certain restricted variations to their contract will generally be automatically unfair. Restricted variations include specified changes to areas such as pay, pensions, working hours, shifts and entitlement to time off.

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A limited exception will apply where the employer is experiencing serious financial difficulties affecting its ability to continue as a going concern and could not reasonably have avoided the need for the change.

2027

Gender Equality & Menopause Action Plans​


Mandatory requirement for employers with 250+ employees to publish gender equality action plan(s) to address both the gender pay gap and menopause support​

2027

Strengthened Flexible Working Rights


Employers will continue to be able to refuse statutory flexible working requests for one or more of the permitted business reasons. However, the refusal must also be reasonable, and the employer will need to explain why it considers the refusal reasonable. The implementation date and supporting regulations are awaited.​

2027

Zero-Hours Contracts and Guaranteed Hours​
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The Act will give eligible zero-hours and low-hours workers the right to be offered guaranteed hours reflecting the hours they regularly work. The applicable reference period and definition of a low-hours worker will be set out in future regulations. 

 

This change aims to provide greater job security and predictability for workers. Employers must also give reasonable notice of any shift changes and compensate workers for late cancellations. Compensation has to be proportionate to the notice given for any shifts cancelled or curtailed. This ensures fair treatment and reduces any exploitation of zero-hours contracts.​

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These rights will also be extended to agency workers.

2027

Collective Redundancy ​
 

Employers will be required to carry out collective consultation where they are proposing 20 or more redundancies at one establishment, or where a specified number or percentage of employees is affected across the employing entity.

2027

Bereavement Leave ​
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The Act will expand the scope of bereavement leave to apply more broadly than on the loss of a child, introducing a new day-one right to at least one week of leave following the loss of a loved one. 

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Bereavement leave will also be extended so it is available to parents who experience a miscarriage before 24 weeks of pregnancy.

2027

Increased dismissal protection for pregnant workers​


The Act will introduce enhanced protection from dismissal during pregnancy and for a period following a return from maternity leave. Related protection is also expected to apply following adoption leave, shared parental leave, neonatal care leave and Bereaved Partner’s Paternity Leave. Regulations will confirm the precise protected periods, permitted exceptions and implementation date.

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