Employment Rights Act: what changes this autumn and what comes next

The Employment Rights Act 2025 is being brought in step by step. Some of the biggest changes for small employers land between now and the new year. Here is where things stand.

In force from 1 October 2026: longer time limits

The time limit for bringing most employment tribunal claims has doubled from three months to six months. It applies where the act complained of happened on or after 1 October 2026. In practice, a former employee now has longer to bring a claim, so keep notes of meetings, warnings and decisions for longer.

From 30 October 2026: harassment

Employers already have a duty to take reasonable steps to prevent sexual harassment. From 30 October that becomes a duty to take all reasonable steps. Employers will also be expected not to permit harassment of their staff by third parties — for example customers or clients.

For a small business, reasonable steps usually mean a short written policy, telling staff how to raise a concern, and acting on complaints. Write down what you have done.

From 1 January 2027: unfair dismissal

Two changes apply to dismissals where the employment ends on or after 1 January 2027:

• the qualifying period for unfair dismissal protection falls from two years to six months;
• the cap on compensation for unfair dismissal is removed.

Also from 1 January 2027, employers will have a duty to tell workers they have the right to join a trade union, and the law on tips is strengthened. The government's timeline updated on 22 October 2026 puts the 'fire and rehire' protections in March 2027.

Already in force since April 2026

• Statutory Sick Pay is paid from the first day of sickness, and the lower earnings limit has been removed.
• Paternity leave and unpaid parental leave are day-one rights.
• The Fair Work Agency was set up in April 2026.

Later in 2027

The updated timeline gives a month, but not yet a day, for other changes: bereavement leave, including for pregnancy loss, in April 2027, and stronger dismissal protection for pregnant women and new mothers and the flexible working changes in October 2027. The rules on zero-hours contracts and guaranteed hours still have no date. The government says all future dates may change, so check the official guidance before you rely on any date.

What to do

1. Update your harassment policy before 30 October and tell staff where it is.
2. Review how you run probation periods before January — after six months, a new starter will have unfair dismissal protection.
3. Keep employment records for longer, given the six-month claim window.