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The Department for Business and Trade has published an updated timeline confirming when the outstanding provisions of the Employment Rights Act 2025 (the “Act”) and the wider Plan to Make Work Pay will take effect. The update gives employers and employees welcome certainty on several fronts, alongside a small number of delays.
31 August 2026: Electronic balloting
Trade unions will be permitted to use electronic and workplace balloting for statutory ballots from this date.
1 October 2026: Tribunal time limits
The time limit for bringing most Employment Tribunal claims will double, from three months to six months.
30 October 2026: Harassment and trade union reforms
From this date, employers will be subject to a strengthened duty to take all reasonable steps to prevent sexual harassment of their employees, together with a new obligation not to permit the harassment of employees by third parties. The same date brings a significant package of trade union reforms: a duty to inform workers of their right to join a union, a strengthened right of access to workplaces for union representatives, and reforms to the recognition and derecognition process, including the freezing of a bargaining unit once a recognition application has been received. New rights for trade union representatives and extended protection against detriment for taking industrial action will also come into force on this date.
Delayed employment law reforms
Reform of tipping law, previously expected in October 2026, has slipped to the end of 2026. New Seafarer Protection Regulations are separately expected to take effect in December 2026.
1 January 2027: Unfair dismissal and fire-and-rehire reforms
The reduction of the unfair dismissal qualifying period, the removal of the cap on compensatory awards for unfair dismissal, and new fire-and-rehire protections remain scheduled for 1 January 2027.
What should employers do now?
We recommend reviewing recruitment, redundancy, and harassment policies now so that handbooks and contracts are ready well ahead of the 30 October 2026 changes. This will also ensure that managers are trained and well equipped for the changes ahead. Early engagement with employee representatives on the trade union access and recognition reforms is also advisable, given the scale of the changes involved.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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