The Employment Rights Act; current and future changes

[edit] Employment Rights Bill to law

During the recent holiday period, a significant legislative change took place that will impact ECA members: the Employment Rights Bill was passed into law on 18 December 2025. This article examines the timeline for the implementation of its key provisions: Employment Rights Act 2025.

[edit] What's Changed

Minimum Service Levels for Strikes removed (18 December 2025). The Strikes (Minimum Service Levels) Act 2023 was repealed on Royal Assent. This means that the statutory framework for imposing minimum service levels during strikes no longer applies.

[edit] What hasn’t changed yet

Most other measures take effect in phases during 2026–2027. Some have fixed commencement dates; others will start on a day appointed by regulations (commencement orders). Until then, the current law applies.

[edit] February 2026 (fixed date)

Industrial action protections strengthened. Protection against detriment and unfair dismissal for taking part in protected industrial action is expanded, removing the prior 12‑week limitation.

Industrial action process simplified: notice to employers reduced from 14 to 10 days; strike mandate extended from 6 to 12 months; ballot/IA notices simplified; picket supervisor requirement removed; the 40% support threshold in important public services repealed (simple majority applies, subject to the turnout point below).

Important: The separate 50% turnout threshold falls away once electronic balloting is introduced (see April 2026). Until then, the 50% turnout rule remains in place.

[edit] April 2026 (fixed date)

Electronic and workplace balloting introduced (enabling simple‑majority without the 50% turnout threshold).

Trade union recognition process simplified.

Family leave: paternity leave and unpaid parental leave become day‑one rights; restriction on taking paternity leave after SPL is removed.

SSP reform: payable from day 1; Lower Earnings Limit removed.

Collective redundancy: maximum protective award doubled to 180 days’ pay.

Whistleblowing: sexual harassment becomes a qualifying disclosure (protection from detriment/unfair dismissal).

Fair Work Agency (FWA) established to consolidate/enforce multiple employment rights.

Gender pay gap & menopause action plans: voluntary plans expected from April 2026; mandatory from 2027, subject to regulations.

[edit] October 2026 (fixed date)

Ban on dismissal and re‑engagement (fire‑and‑re‑hire).

New employer duty to take all reasonable steps to prevent sexual harassment, including third‑party harassment.

Stronger rights for trade union representatives; tribunal time limits extended to six months; new duty to inform workers of trade union rights; enhanced union access.

[edit] From January 2027 (fixed date)

Unfair dismissal: 6‑month qualifying period and removal of the compensation cap (uncapped) from 1 January 2027.

[edit] During 2027 (phased/appointed days)

Guaranteed hours offers; reasonable shift notice; compensation for cancellation (zero/low‑hours reforms).

Umbrella company regulation; new collective redundancy threshold model; further flexible working changes; mandatory equality action plans; additional industrial relations measures by regulations.

[edit] What employers should do now

Policy readiness: Prepare policy and handbook updates now (family leave, SSP, IA procedures, harassment prevention duty). ECA will update our templates and make them available to employers.

Industrial relations: Update strike response timelines (10 day notice), mandate duration (12 months), and plan for e-balloting (and the end of the 50% turnout rule).

Monitoring: We will keep you updated on commencement regulations and any final Codes of Practice (e.g., fire and re-hire, e-balloting).

If you have any questions, please contact Employee Relations team.

This article appears on the ECA news and blog site as "The Employment Rights Act has now passed into law—what does this mean for you today?" dated 15 January, 2025.

--ECA

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