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Employment Rights Act 2025

Last reviewed June 2026

The Employment Rights Act 2025 received Royal Assent on 18 December 2025. It is the most significant reform of UK employment law in a generation, amending more than 20 existing Acts. Implementation is phased: the main first wave came into force on 6 April 2026, a second wave follows in October 2026, and further substantial changes — including a new unfair dismissal qualifying period — are set for 1 January 2027. This guide covers what is already in force, what is coming, and what it means for employees and employers. Updated June 2026.

Source: Employment Rights Act 2025; SI 2026/3 (Commencement No.1 Regulations); acas.org.uk/employment-rights-act-2025.

Changes in force from April 2026

The following provisions are already law. They apply to all eligible employees and employers in England, Scotland, and Wales.

Statutory sick pay — day-one entitlement (6 April 2026) SSP is now payable from the first day of illness. The previous three-day waiting period has been abolished. The lower earnings limit has been removed — all employees qualify regardless of their earnings level. Workers earning below £154.06 per week receive 80% of their average weekly earnings rather than the flat £123.25 rate. Source: Employment Rights Act 2025, ss.1–10; gov.uk/statutory-sick-pay.

Paternity leave — day-one right (6 April 2026) Employees may take statutory paternity leave from their first day of employment. Previously, 26 weeks of qualifying service was required. Note: statutory paternity pay (SPP) still requires 26 weeks of qualifying service — leave entitlement and pay entitlement have different qualifying rules from 6 April 2026. Source: Employment Rights Act 2025, ss.16–17; gov.uk/paternity-pay-leave.

Unpaid parental leave — day-one right (6 April 2026) The right to take unpaid parental leave is now a day-one entitlement. Previously employees needed one year of qualifying service.

Collective redundancy — protective award doubled (6 April 2026) The maximum protective award payable when an employer fails to consult properly before collective redundancy has doubled from 90 days to 180 days' gross pay per affected employee. Source: Employment Rights Act 2025 (amending ERA 1996, s.189); acas.org.uk/employment-rights-act-2025.

Working time records — extended retention (6 April 2026) Employers must now keep working time and holiday pay records for six years, covering annual leave taken, carry-forward amounts, holiday pay details, and any payments in lieu of leave.

Whistleblowing — sexual harassment as protected disclosure (6 April 2026) Reporting sexual harassment that has occurred, is occurring, or is likely to occur is now a qualifying disclosure under whistleblowing law, giving workers protection from detriment and dismissal.

Fair Work Agency — established (7 April 2026) A new Fair Work Agency has been established to consolidate enforcement of employment rights, combining the functions of the Gangmasters and Labour Abuse Authority, HMRC's National Minimum Wage enforcement, and the Employment Agency Standards Inspectorate.

Use our calculators to check your entitlements affected by April 2026 changes:

Changes expected in 2027 (dates subject to confirmation)

The following provisions are enacted in the Employment Rights Act 2025 but have not yet come into force. Implementation is expected from 1 January 2027 unless otherwise stated. Implementation dates are subject to confirmation — check GOV.UK for the latest.

Unfair dismissal — 6-month qualifying period (expected 1 January 2027) The current two-year qualifying period for unfair dismissal protection will be reduced to six months. Workers will also be entitled to receive a written statement of reasons for dismissal. Additionally, the cap on compensatory awards for ordinary unfair dismissal will be removed entirely. Note: the government's original manifesto commitment to day-one unfair dismissal protection was not enacted — the Act provides a six-month qualifying period, not zero. Source: Employment Rights Act 2025, ss.20–22; see our ERA 2025 changes coming in 2027 page.

Fire and rehire — automatic unfair dismissal (expected 1 January 2027) Dismissing an employee and re-engaging them on worse terms and conditions will become automatically unfair dismissal in most cases. Limited exceptions exist where the employer faces genuine financial difficulty and has followed a prescribed process.

Zero-hours and low-hours contracts (expected 2027) Workers on zero-hours and low-hours contracts will gain a right to be offered guaranteed hours reflecting the hours they regularly work. Additional protections include: reasonable notice of shifts and shift changes, compensation for short-notice cancellations, and protections against detriment for exercising these rights. These provisions will also extend to agency workers. Exact commencement date subject to secondary legislation.

Bereavement leave (expected 2027) A day-one right to bereavement leave will be introduced, including specific provisions for pregnancy loss before 24 weeks.

Flexible working by default (expected 2027) Employers will only be able to refuse flexible working requests on specified reasonable grounds. Tribunal powers to review the reasonableness of refusals will be enhanced.

Strengthened family leave protections (expected 2027) A minimum six-month protection period after returning from maternity, adoption, or shared parental leave before an employee can be dismissed.

Trade union rights (expected 2027) New trade union workplace access rights, requirements for employers to provide written statements of union membership rights, and further provisions around electronic balloting.

For a full breakdown of 2027 changes, see ERA 2025 changes coming in 2027.

ERA 2025 sub-pages

Changes in force from April 2026

Detailed breakdown of every ERA 2025 provision already in force: SSP, paternity leave, collective redundancy, and more.

In force now

Changes expected in 2027

What employers and employees need to prepare for: unfair dismissal, zero-hours, fire-and-rehire, and flexible working.

Coming 2027

ERA 2025 employer checklist

Action-by-action checklist for employers: what you must do now, what to prepare for, and which policies need updating.

Frequently asked questions

When does the Employment Rights Act 2025 come into force?
The Employment Rights Act 2025 received Royal Assent on 18 December 2025. Implementation is phased. The first provisions came into force on 18 February 2026 (trade union and industrial action rules). The main first wave — including SSP day-one rights, paternity leave, and collective redundancy changes — came into force on 6 April 2026. A second wave follows in October 2026. Further major changes, including the new unfair dismissal qualifying period, are expected from 1 January 2027. Source: Employment Rights Act 2025; SI 2026/3 (Commencement No.1 Regulations); acas.org.uk/employment-rights-act-2025.
What changed from 6 April 2026 under the Employment Rights Act 2025?
From 6 April 2026: (1) statutory sick pay became payable from day one of illness, with the lower earnings limit removed; (2) paternity leave and unpaid parental leave became day-one rights; (3) the maximum protective award for collective redundancy failure to consult doubled from 90 to 180 days; (4) whistleblowing protection was extended to cover sexual harassment disclosures; and (5) employers became required to retain working time and holiday records for six years. Source: acas.org.uk/employment-rights-act-2025; gov.uk/statutory-sick-pay.
What changes in 2027 under the Employment Rights Act 2025?
From 1 January 2027, the qualifying period for unfair dismissal protection is reduced from two years to six months, and the cap on compensatory awards is removed. Fire-and-rehire dismissals become automatically unfair in most cases. Zero-hours and low-hours workers gain rights to guaranteed hours and shift notice. Bereavement leave becomes a day-one right. Flexible working becomes the default position. Exact commencement dates for some 2027 provisions are subject to secondary legislation — check GOV.UK for confirmed dates. Source: Employment Rights Act 2025, ss.20–22; gov.uk/government/collections/employment-rights-bill.
What does the Employment Rights Act 2025 mean for employees?
From 6 April 2026, employees can claim SSP from day one of illness regardless of earnings level. New employees can take paternity leave from day one. From 1 January 2027, unfair dismissal protection applies after just six months instead of two years, and zero-hours workers gain rights to guaranteed hours. If your employer makes you redundant without proper consultation, the maximum award they face has doubled to 180 days' gross pay. Source: acas.org.uk/employment-rights-act-2025.
What does the Employment Rights Act 2025 mean for employers?
From 6 April 2026, employers must pay SSP from day one with no lower earnings threshold, allow paternity leave from day one, retain working time records for six years, and treat sexual harassment disclosures as whistleblowing. Employers should prepare for 2027 by updating disciplinary procedures ahead of the six-month unfair dismissal qualifying period, reviewing zero-hours practices, and auditing fire-and-rehire policies. See the ERA 2025 employer checklist at /employment-rights-act-2025/employer-checklist/. Source: acas.org.uk/employment-rights-act-2025.
Where can I find the latest confirmed ERA 2025 implementation dates?
The authoritative source for confirmed commencement dates is the GOV.UK Employment Rights Bill collection at gov.uk/government/collections/employment-rights-bill. The statutory commencement orders are published on legislation.gov.uk (SI 2026/3 is at legislation.gov.uk/uksi/2026/3/contents/made). ACAS maintains a plain-English summary at acas.org.uk/employment-rights-act-2025. PlainRight will update this page when commencement orders confirm the 2027 dates.