Some ERA 2025 changes are already in force. Others take effect in October 2026 and January 2027. This article reflects the law as at April 2026. Check beyourbestlawyer.com for updates as further provisions come into force.
What the Employment Rights Act 2025 Is
The Employment Rights Act 2025 is the most significant piece of employment legislation in over twenty years. It amends the Employment Rights Act 1996, the Equality Act 2010, and numerous other statutes to extend employee protections across a range of areas. The changes are being introduced in tranches -- some are already in force, others will come into force in October 2026 and January 2027.
Already in Force -- April 2026
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What Do I Do Next? -- FreeStatutory Sick Pay from day one. The three waiting days before SSP entitlement began have been abolished. From April 2026, SSP is payable from the first day of sickness absence. This applies to all employees, including those on probation.
Paternity leave from day one. The requirement to have 26 weeks service before taking paternity leave has been abolished. Fathers and partners can take paternity leave from the first day of employment.
Protective award doubled. Where an employer fails to collectively consult on redundancies affecting 20 or more employees, the maximum protective award has been doubled to 180 days pay per affected employee. This is a significant increase in exposure for employers who cut corners on collective redundancy consultation.
Sexual harassment as a protected disclosure. From 6 April 2026, a disclosure about sexual harassment qualifies directly as a protected disclosure under whistleblowing law. Employees who report sexual harassment and suffer detriment or dismissal as a result now have a direct whistleblowing claim -- from day one, uncapped.
Employer duty to take all reasonable steps to prevent sexual harassment. The previous duty required reasonable steps. From April 2026 the duty requires all reasonable steps. A failure attracts a 25% uplift on any harassment compensation awarded.
Coming in October 2026 -- ET Time Limits Extended
From October 2026, the time limit for bringing most employment tribunal claims extends from three months to six months. This is one of the most practically significant changes in the Act. Currently, missing the three-month less one day deadline means losing your claim permanently. From October 2026, employees will have six months from the act complained of to contact ACAS and start proceedings.
Until October 2026, the three-month rule still applies. If you have a claim now, act within three months. Do not assume the extended deadline applies yet.
Coming in January 2027 -- The Qualifying Period Change
The most anticipated change: from 1 January 2027, the qualifying period for unfair dismissal protection reduces from two years to six months. An employee dismissed after six months of employment will be able to bring an unfair dismissal claim. This will transform the employment tribunal landscape. Currently, an employee with less than two years service can only claim unfair dismissal if an automatically unfair reason applies. From January 2027, almost all employees will have this protection after six months.
The compensatory award cap -- currently one year's gross pay or the statutory maximum, whichever is lower -- will also be removed for certain claims from January 2027. The full details of which claims will be uncapped are to be confirmed in secondary legislation.
What This Means If You Are in a Dispute Now
If you have been dismissed with less than two years service, the January 2027 change does not help you -- it is not retrospective. Your claim, if any, must be based on an automatically unfair reason: pregnancy, whistleblowing, trade union membership, asserting a statutory right, or another listed reason. Check whether any of these apply before concluding you have no claim.
If you are approaching the end of a probationary period and are concerned about your position, the January 2027 change will not protect you unless your six months falls after that date. Employers are aware of the change and some are acting before it comes into force.
If your claim involves the new whistleblowing protection for sexual harassment reports, that is in force now. Contact ACAS today if you have been dismissed or suffered detriment after reporting sexual harassment since 6 April 2026.
What This Means If You Are an Employer
The January 2027 qualifying period change represents the most significant increase in employer exposure since unfair dismissal was introduced. From that date, dismissing an employee who has worked for six months requires a fair reason and a fair procedure -- exactly as it does now for employees with two years service. Probationary period dismissals after six months will require documentation, a fair process, and a genuine reason. The days of using the first two years as a risk-free period for managing out underperforming employees are ending.