The Employment Rights Act became law in December 2025, paving the way for its provisions to be implemented throughout 2026 and 2027. The next wave of implementation is taking place in October. See below to learn more about what is coming into force.
More information on what is coming and how you can prepare for the changes can be found on the government Employment Changes website.
Importantly, implementation of the duty to inform workers of their right to join a trade union has been delayed until 1 January 2027, rather than 30 October.
If you have any question on the above, please reach out to us and we will be happy to discuss.
1 October
- Employment Tribunal Time Limits: From October 1 the time limits within which an employee may make a claim to an employment tribunal will increase from 3 months to 6 months, bringing time limits for the majority of claims in line with time limits for statutory redundancy and equal pay claims.
- Right to Work changes: Although not a part of the ERA, the new and expanded Right to Work requirements are coming into force from 1 October. The changes expand the requirements for employers through broadening the definition of 'employee' to bring a wider range of working arrangements into scope, including agency workers, some self-employed contractors, zero-hours workers, and certain platform-based arrangements. The draft guidance can be viewed here.
30 October
- Trade Union Right of Access: Subject to parliamentary approval, from 30 October trade unions will have a new right to access workplaces and engage with workers, either in-person or digitally. The draft Code of Practice was laid in parliament in July and it is expected to be approved in time for 30 October implementation. You can see the Code of Practice here.
- Workplace sexual harassment and third-party harassment: From October 30, employers will be expected to take all reasonable steps to prevent sexual and third party harassment to their employees. We hosted an HR Technical Call in September on preparing for implementation and you can find the slides and notes here.
