Guide · What changes
Employment Rights Act 2025: what changes and when, up to 1 January 2027
This site does not give legal advice. This guide explains the general rules; it does not tell you what applies to your situation.
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The short answer
The Employment Rights Act 2025 comes into force in stages. On 20 October 2026, the 6-month tribunal time limit, day-one paternity leave and sick pay from the first day are already in force; the 6-month qualifying period for unfair dismissal and the end of the cap on the compensatory award start on 1 January 2027.
What the Employment Rights Act 2025 is
The Employment Rights Act 2025 received Royal Assent in December 2025. It does not change everything at once. Each measure starts on its own date, set by separate regulations. Some are already in force, some have a date, and some are only planned for 2027.
This page lists the changes as they stood on 20 October 2026, from the point of view of someone whose job is ending. It is updated as new dates are confirmed. The government says that all future dates remain subject to parliamentary processes and may change.
What is already in force on 20 October 2026
| Date | Change |
|---|---|
| 18 February 2026 | Dismissal for taking part in industrial action is automatically unfair |
| 6 April 2026 | Paternity leave and unpaid parental leave from the first day of a job |
| 6 April 2026 | Statutory sick pay from the first day of sickness, and no lower earnings limit |
| 6 April 2026 | Maximum protective award for a collective redundancy without consultation doubled to 180 days’ pay |
| 6 April 2026 | Employers must keep holiday and holiday pay records for 6 years |
| 7 April 2026 | The Fair Work Agency is set up to enforce rights such as holiday pay and sick pay |
| 1 October 2026 | Employment tribunal time limit raised from 3 to 6 months for most claims |
Acas and the government timeline list these dates. Other changes in force concern trade unions and are not covered here.
The change that matters most now: 6 months to claim
Since 1 October 2026, most employment tribunal claims have a time limit of 6 months minus 1 day instead of 3 months ERA 2025, s.152 and Sch. 12. The longer limit applies only if the problem happened on or after 1 October 2026. For earlier problems, the 3-month limit still applies SI 2026/954, reg. 4.
In Scotland, for unpaid notice and other breach of contract claims, the 6-month limit starts on 9 November 2026, according to Acas and business.gov.uk. Before that date, work to 3 months.
You must still contact Acas within the time limit. The tribunal time limits guide explains which date starts the clock, with dated examples.
What starts on 30 October 2026
- Employers must take all reasonable steps to prevent sexual harassment, a stronger duty than before.
- Employers can be liable for harassment by third parties, such as customers, unless they took all reasonable steps to prevent it.
- Several trade union measures start, including a right of access to workplaces.
What starts in January 2027
These are the changes most likely to affect people who lose their job. Only the first two have a date fixed by regulations.
| Rule | Until 31 December 2026 | From January 2027 |
|---|---|---|
| Service needed to claim ordinary unfair dismissal | 2 years | 6 months, from 1 January 2027 |
| Limit on the compensatory award for unfair dismissal | The lower of £123,543 and 52 weeks’ pay | No limit, from 1 January 2027 |
| Dismissing and re-hiring on worse terms (“fire and rehire”) | General unfair dismissal rules | Planned: automatically unfair in most cases (no regulations yet) |
| Telling workers about their right to join a trade union | No general duty | Planned: new duty for employers |
The first two changes are made by section 25 of the Act. It changes “two years” to “six months” in section 108 of the Employment Rights Act 1996 and removes section 124, which sets the limit ERA 2025, s.25. Regulations made on 26 May 2026 bring them into force on 1 January 2027 SI 2026/559, reg. 3.
Which dismissals are covered? The new rules apply where the effective date of termination is on or after 1 January 2027, even if you were told about the dismissal before that date. They do not apply where it falls before 1 January 2027 SI 2026/559, reg. 4. The effective date of termination is usually your last day of employment. When your employer did not give the minimum notice, the law adds that notice to your service for some purposes, such as counting the qualifying period ERA 1996, s.97(2). Whether that later date also decides which side of 1 January 2027 you fall on is not settled in the texts we have read. If your dates are close to 1 January 2027, or close to 6 months’ service, get advice on the exact date.
Some dismissals have never needed 2 years’ service, for example when the reason is whistleblowing. And the compensatory award for those reasons was already unlimited in some cases. The unfair dismissal compensation guide explains the basic award, the compensatory award and the limit.
For fire and rehire and the trade union duty, the government timeline gives January 2027, with no day. On 20 October 2026, section 28 of the Act, which makes the fire and rehire change, was in force only for limited purposes, and we had not found regulations bringing the new rule into force. Acas says an updated Code of Practice is due in 2027. Until regulations are made, treat these two as planned, not certain.
Two examples with dates
Example 1. You started on 1 June 2026. Your employer dismisses you and your employment ends on 15 January 2027. You have more than 6 months’ service, and the effective date of termination is after 1 January 2027: the 6-month qualifying period applies. The time limit runs from 15 January 2027: add 6 calendar months, then take off 1 day. The last day to contact Acas is 14 July 2027.
Example 2. You have 18 months’ service and your employment ends on 20 December 2026. The 2-year rule still applies, so you cannot usually claim ordinary unfair dismissal, unless the reason is one that needs no qualifying period. Other claims, such as unpaid wages or holiday pay, do not depend on 2 years’ service.
Only a tribunal can decide whether a claim is in time or whether you qualify. If two readings of a date are possible, work to the earlier one and act early.
What is planned for 2027, without a date
The government timeline lists these measures for 2027, with no month given on 20 October 2026:
- stronger protection against dismissal for pregnant women and new mothers;
- a right to bereavement leave, including after pregnancy loss;
- changes to flexible working requests;
- guaranteed hours for zero-hours and low-hours workers, reasonable notice of shifts and payment for cancelled shifts (timing subject to consultation);
- regulations against non-disclosure agreements that stop workers speaking about harassment or discrimination;
- counting collective redundancies across the whole employer;
- mandatory gender equality and menopause action plans for large employers.
These are plans, not rules in force. Most depend on consultations and regulations that have not been made yet. Do not rely on them for a decision today.
What has not changed
Some things people expect are not in the Act:
- Tribunal fees. It is still free to make a claim. See how much an employment tribunal costs.
- Statutory redundancy pay. The rules and the weekly cap (£751 since 6 April 2026) come from other legislation. See the redundancy pay guide.
- Acas early conciliation. It is still required before most claims, and can last up to 12 weeks.
Northern Ireland
The Employment Rights Act 2025 changes very little in Northern Ireland. Most tribunal claims there keep a 3-month limit, and the unfair dismissal changes above do not apply. Northern Ireland has its own employment law and its own conciliation service, the Labour Relations Agency. This guide does not cover it.
What to do now
- Check your dates, free. The time limit calculator applies the 3- or 6-month rule and the Acas extension, and offers a free email reminder.
- Check what you are owed. The final pay checker compares what is due with what you received. If money is missing, you can prepare a final pay claim letter yourself (£9, or £19 with a follow-up letter and reminders).
- Next step. A free Acas preparation sheet lists what Acas will ask. Acas, Citizens Advice or a trade union can also help you.
One-page checklist
If your job is ending around these dates
Check which time limit applies to you, free
The calculator applies the 3- or 6-month rule according to your date, the Scottish date for breach of contract and the Acas extension. It gives the last day and a suggested earlier date, with a free email reminder.
Calculate my time limit