Employment Rights Act 2025 timeline: what is in force, what has a date, and what is only planned

The short answer

The Employment Rights Act 2025 received Royal Assent on 18 December 2025 and is coming into force in stages. A few parts started on Royal Assent and a list of trade union changes two months later, on 18 February 2026 (section 159). Everything else needs commencement regulations, and six sets have been made. They brought in Statutory Sick Pay from day one, day-one paternity and unpaid parental leave and a longer protective award on 6 April 2026, the new enforcement regime on 7 April, six-month tribunal time limits on 1 October and the stronger sexual harassment duty on 30 October 2026. The next date fixed in law is 1 January 2027: Two years becomes six months (s.25(2)), and the cap on the compensatory award in ERA 1996 s.124 is removed (s.25(3)), where the effective date of termination is on or after 1 January 2027.

Most of the rest, including fire and rehire, flexible working, bereavement leave and pregnancy dismissal protections, has only a planned month in the government's timeline, which it says "remain subject to parliamentary processes and may change". Zero-hours guaranteed hours, which would also reach agency workers, have no date at all (see what zero-hours workers are entitled to now; agency workers and the 12-week rule; GOV.UK timeline update, 22 October 2026).

Statutory Sick Pay: in force since 6 April 2026

Sections 10 and 11 (Great Britain) and 12 and 13 (Northern Ireland) came into force on 6 April 2026 (SI 2026/373 reg 2). The three waiting days are gone, the lower earnings limit no longer applies, and SSP is the lower of the weekly rate and 80% of normal weekly earnings (section 11). For 2026/27 the weekly rate is £123.25. What this means for a claim: SSP after the April 2026 reform.

Unfair dismissal: six months and no compensation cap

Section 25 substitutes "six months" for "two years" in section 108 of the Employment Rights Act 1996 and omits section 124, the limit on the compensatory award (section 25). SI 2026/559 brings it into force on 1 January 2027, and regulation 4 makes the effective date of termination the test: the new rules apply where it falls on or after 1 January 2027 even if the employee was dismissed before, and not where it falls earlier (SI 2026/559 regs 3-4).

Until then the qualifying period is two years, and the compensatory award is capped at the lower of £123,543 and 52 weeks' pay (ERA 1996 s.124(1ZA)). Six months is a shorter qualifying period, not a day-one right; see probation period rights and the unfair dismissal compensation calculator.

Family leave: what is day-one and what is still to come

Section 15 removes the qualifying period for unpaid parental leave and section 16 for paternity leave, both from 6 April 2026, with notices allowed from 18 February 2026 (SI 2026/3 regs 3-4). For paternity leave, Schedule 1 to those regulations keeps the old rule for a child born or placed for adoption before 6 April 2026, unless the expected week of birth began on or after 5 April 2026 or the child's primary carer dies on or after 6 April 2026. Both sections amend the leave rules in the Employment Rights Act 1996 only; Statutory Paternity Pay keeps its own conditions.

Bereavement leave (section 18) would extend parental bereavement leave to other bereavements and to pregnancy loss before 24 weeks, with at least one week's leave in cases other than the death of a child (section 18). Only its regulation-making powers are in force as at 30 October 2026, and the timeline (updated 22 October 2026) puts it in April 2027. It puts dismissal protections in and after pregnancy (section 26) in October 2027.

Fire and rehire, flexible working and zero hours

Fire and rehire. Section 28 inserts a new section 104I into the 1996 Act: dismissing an employee for not agreeing to a "restricted variation" (cuts to pay, changes to pensions, hours or time off, among others) is automatically unfair (section 28). As at 30 October 2026 only the powers to make regulations under it are in force; the timeline (updated 22 October 2026) puts it in March 2027.

Flexible working. Section 9 lets an employer refuse a request only on a listed ground and only where it is reasonable to refuse on that ground (section 9). It was commenced on 6 January 2026 only for making regulations (SI 2026/3 reg 2(6)) and, as at 30 October 2026, nothing further; the timeline (updated 22 October 2026) puts it in October 2027. The current rules: flexible working requests.

Zero hours. The right to be offered guaranteed hours, reasonable notice of shifts and pay for shifts cancelled, moved or cut short (sections 1 to 6) are in force only for consultation and making regulations (SI 2026/3 reg 2(2)). The timeline gives no date and says timings will be updated after consultation.

Collective redundancy

Section 30 doubles the maximum protected period for a protective award, from 90 to 180 days, in section 189(4) of the Trade Union and Labour Relations (Consolidation) Act 1992 (section 30). It applies to dismissals taking effect on or after 6 April 2026 (SI 2026/323 regs 3(6) and 5). The organisation-wide threshold in section 29 had only its regulation-making power in force as at 30 October 2026; the timeline (updated 22 October 2026) puts it in April 2027. More: collective redundancy consultation.

Fair Work Agency, minimum wage and tribunal deadlines

On 7 April 2026 Part 5 of the Act started for a specified list of legislation, including sections 1, 10, 17, 23 and 31 of the National Minimum Wage Act 1998 and the records and statement regulations under it (SI 2026/323 reg 4; Schedule 7 paras 14-20). In the Act the functions belong to the Secretary of State (section 90); the timeline records this as the establishment of the Fair Work Agency. SSP and holiday pay are also listed in Schedule 7, but they were not in the legislation brought under Part 5 on that date.

Since 1 October 2026 the tribunal time limits amended by Schedule 12 are six months rather than three, where the "relevant date" is on or after 1 October 2026 (section 152; SI 2026/954 regs 3-4). The Schedule to SI 2026/954 sets that date claim by claim: for unfair dismissal under section 111(1) of the 1996 Act it is the effective date of termination; where the Schedule names no date it is the act or failure complained of, or the last in a series. Two separate instruments made the same change on the same day: SI 2026/758 for complaints under seven other statutory instruments (reg 10), and SI 2026/759 for breach of contract claims in England and Wales, such as unpaid notice pay, where the effective date of termination is on or after 1 October 2026 (arts 2-3). For breach of contract claims in Scotland the timeline (updated 22 October 2026) gives 9 November 2026; as at 30 October 2026 no amending Order for the Scottish 1994 Order was on legislation.gov.uk.

Where it applies

Section 158 says Parts 1, 2 and 4 extend to England and Wales and Scotland, the enforcement Part (Part 5) to the whole UK, and sections 12 and 13 (Statutory Sick Pay) to Northern Ireland only (section 158). If you work in Northern Ireland, most of the changes on this page do not apply to you.