The Employment Rights Act 2025 is changing workplace obligations in stages. For employers, the immediate task is to ensure that policies and payroll arrangements reflect the law already in force, while preparing managers for the next changes. A single implementation date cannot safely be applied to the Act as a whole.
This article focuses on employment in England and Wales. The Act became law on 18 December 2025; commencement and transitional provisions determine when individual measures apply.
Policies that should already have changed
From 6 April 2026, statutory sick pay no longer carries a lower earnings threshold or the previous waiting period. Payroll teams should check eligibility and calculation rules rather than simply retain the settings used before that date.
The qualifying service requirements for paternity leave and ordinary unpaid parental leave were also removed. Employees must still meet the other conditions and give the required notice. Leave and statutory pay have separate eligibility requirements: a right to take leave does not necessarily establish a right to payment. The Fair Work Agency was established on 7 April 2026 as part of the wider enforcement reforms.
Tribunal deadlines require particular care
For most claims, the usual time limit is now six months less one day where the relevant date falls on or after 1 October 2026. Earlier cases can remain subject to the previous, shorter limit. The commencement regulations define the relevant date for different claims, including cases involving a series of acts or deductions.
This is not a universal six-month extension for every workplace dispute. Acas early conciliation can affect the calculation, and some applications have much shorter deadlines; an application for interim relief in certain dismissal cases normally has a seven-day limit. Neither an internal grievance nor settlement discussions should be assumed to protect a claimant's position. Obtain advice promptly on the particular claim and dates.
Preparing for the next implementation stages
As at 26 October 2026, the government's timetable schedules strengthened harassment duties for 30 October 2026. These include taking all reasonable steps to prevent sexual harassment and protection against harassment by third parties. Employers should assess risks involving customers and other external contacts, review reporting arrangements and ensure that training addresses the work actually undertaken.
The reduction of the ordinary unfair-dismissal qualifying period from two years to six months, and removal of the compensatory award cap, are scheduled for 1 January 2027. These measures should not be treated as already operative. Discrimination and automatically unfair dismissal protections can apply without the ordinary qualifying period, so short service is not a reason to dispense with proper advice or a fair process.
A useful implementation plan assigns responsibility for each change, records its commencement date and identifies the documents and training affected. Recruitment, probation, absence management and dismissal procedures deserve coordinated review. Future dates remain subject to the applicable legislation; check them again before relying on them.
Balaghi & Rose advises employers and professionals on workplace arrangements and disputes. Contact our team to discuss how a particular change affects your organisation or position.
General information only. This article concerns employment law in England and Wales, and reflects the position checked on 26 October 2026. It is not legal advice.
