Updated ERA Implementation Timetable
Several Employment Rights Act reforms have already taken effect, including trade union reforms introduced during February 2026, expanded Statutory Sick Pay, strengthened whistleblowing protections, higher collective redundancy protective awards and the establishment of the Fair Work Agency during April 2026.
The updated timetable now moves employers’ attention to the next implementation phase, beginning with electronic trade union balloting in August and a substantial package of workplace harassment, trade union and tribunal reforms during autumn 2026.
| Implementation date | Key measures | Employer significance |
|---|---|---|
| 18 February 2026 | Trade union reforms | Industrial relations |
| 6 April 2026 | Statutory Sick Pay reforms, collective redundancy changes and strengthened whistleblowing protections | Workforce costs and employment rights |
| 7 April 2026 | Fair Work Agency established | Enforcement |
| By 31 August 2026 | Electronic and workplace trade union balloting | Union procedures |
| 1 October 2026 | Employment Tribunal time limits extended to six months* | Litigation risk |
| 30 October 2026 | Sexual harassment reforms and major trade union reforms | Workplace compliance |
| December 2026 | Seafarer Protection Regulations | Maritime sector compliance |
| By the end of 2026 | Strengthened tipping law | Hospitality compliance |
| January 2027 | Unfair dismissal reforms and fire and rehire protections | Dismissal risk |
*The government timetable states that the extension of the time limit for breach of contract claims in Scotland will instead take effect on 9 November 2026.
ERA Changes taking effect by 31 August 2026
The government has confirmed that electronic and workplace balloting for statutory trade union ballots will be introduced by 31 August 2026.
Employers with recognised trade unions should review existing industrial relations procedures and prepare for changes to how future ballots may be organised.
ERA Changes taking effect from 1 October 2026
From 1 October 2026, the time limit for bringing most Employment Tribunal claims will increase from three months to six months.
The longer limitation period will have the effect of increasing the period during which employment disputes can be brought, requiring employers to retain employment records for longer and potentially extending the duration of workplace disputes before claims are issued.
Employers should, in preparation, review document retention policies, since employment records will need to be retained for longer where claims remain capable of being brought for up to six months.
The implementation timetable states that, in Scotland, the extended time limit for breach of contract claims will take effect on 9 November 2026.
ERA Changes taking effect from 30 October 2026
30 October 2026 will see a substantial package of workplace harassment and trade union reforms come into effect.
From this date, employers will be under a statutory duty to take all reasonable steps to prevent sexual harassment of employees, and they also will be under a statutory duty not to permit the harassment of employees by third parties. The legislation also provides for future regulations specifying evidence-based preventative measures, although these will supplement rather than replace the broader statutory duty.
Also from 30 October 2026, the remaining trade union reforms will come into force, including the duty to inform workers of their right to join a trade union, strengthened workplace access rights, new protections for trade union representatives, extended protection against detriment for taking industrial action and the remaining reforms to the statutory recognition process, including the freezing of the bargaining unit once a recognition application has been made.
Given the breadth of the October reforms, employers should use the months ahead to review workplace policies, manager training, industrial relations procedures and harassment prevention measures before the new duties take effect.
ERA Changes from January 2027 onwards
The revised timetable confirms that the reduction of the unfair dismissal qualifying period to six months and the removal of the compensatory award cap will take effect from January 2027.
Once in force, the reduced qualifying period will apply to dismissals taking place after the new provisions come into force, rather than to employees’ start dates.
The government also continues to indicate that the new statutory restrictions on fire and rehire practices will take effect in January 2027, although a specific commencement date has not yet been confirmed.
A further tranche of reforms during 2027 remains outstanding; these include mandatory gender equality and menopause action plans, enhanced dismissal protections for pregnant women and new mothers, regulation of umbrella companies, changes to collective consultation thresholds, flexible working reforms, expanded bereavement leave including pregnancy loss, restrictions on zero-hours contracts and further extensions of electronic and workplace balloting. Many of these reforms remain the subject of ongoing consultation and secondary legislation. While the government’s updated timetable indicates that implementation is expected during 2027, it also confirms that these dates remain under review as consultation continues and individual commencement dates will be confirmed once the policy detail has been finalised.
DMS Strategic Insight
As the ERA reforms take effect, employers are facing growing legal risk through routine workplace interactions and day-to-day management decisions, beyond major employment events such as disciplinary action, redundancy exercises or dismissals. The focus should now be on preparing for these changes by reviewing existing policies, procedures and documentation, and training managers where required.
Employers now have fixed deadlines to work to in respect of many of the key Employment Rights Act 2025 reforms but frustratingly, we still do not yet have a complete picture, and are unlikely to for some time yet. A number of Employment Rights Act 2025 reforms remain subject to consultation, secondary legislation and future commencement orders, so employers will need to continue monitoring developments throughout 2027 as the wider programme of employment law reform is implemented.
Need Assistance?
DavidsonMorris’ employment law specialists advise employers on preparing for the Employment Rights Act reforms, including workplace harassment compliance, trade union issues, disciplinary and dismissal procedures and wider workforce compliance.
Contact us for details or to arrange a fixed-fee telephone consultation with one of our employment law experts.
