Firm dates added to implementation of ERA provisions in 2026
The government has published a fresh update on its plans for implementing the Employment Rights Act 2025, with specific dates being added to many of the Act’s provisions.
Most of the new dates are simply confirmation of when within the month the implementation of a measure will take place; for example, the duty to inform workers of their right to join a trade union has now been given the date of 30 October, rather than just being at an unspecified time in October. Similarly, electronic and workplace balloting for trade union ballots has been given the specific date of 31 August (previously just August).
The last comprehensive updated timeline was published in April.
New dates for ERA provisions
Electronic and workplace balloting for TU ballots – specific date of 31 August 2026 (previously just August)
Time limit for breach of contract claims in Scotland will increase from 3 to 6 months on 9 November 2026 (1 October in England and Wales)
Tipping law now confirmed as by the end of 2026 (was October 2026 but draft code of practice was withdrawn on 9 July)
Seafarer Protection Regulations to be introduced in December 2026 (no specific date as yet)
The main bulk of October changes are specifically confirmed for 30 October 2026 (below):
- the duty to inform workers of their right to join a trade union
- strengthening trade unions’ right of access
- implementing reforms to access and unfair practices during the recognition and derecognition process, and all remaining trade union recognition measures, including freezing the bargaining unit when an application is received
- new rights and protections for trade union representatives
- extending protections against detriments for taking industrial action
- requiring employers to take ‘all reasonable steps’ to prevent sexual harassment of their employees
- introducing an obligation on employers not to permit the harassment of their employees by third parties
- introducing a power that will enable the minister to make regulations at a later date, specifying evidence-based steps which employers must take to prevent sexual harassment (this will complement not replace the broader legislative requirement to take all reasonable steps)
Measures set to be implemented in 2027 remain unchanged. These include in January:
- reduction of unfair dismissal qualifying period to 6 months, for dismissals from 1 January 2027, and uncapping compensatory awards
- fire and rehire protections
Timings for the introduction of the right to guaranteed hours and the right to reasonable notice and short notice payments will be updated after consultation but are set for some point in 2027.
Sign up to our weekly round-up of HR news and guidance
Receive the Personnel Today Direct e-newsletter every Wednesday
