Reference
Employment Rights Act 2025: what employers need to do and when
The ERA 2025 is being implemented in phases between 2024 and 2028. This page tracks every change with confirmed dates, employer obligations, consequences for non-compliance, and which policies are affected. Last updated April 2026.
Dates marked "announced" are government-stated intentions where the commencement order has not yet been published. We update this page within 48 hours of any SI publication.
Already in force
These changes are live. Employers should already be compliant.
Harassment prevention duty
Now in forceIn force since October 2024
What changed
Employers must take 'reasonable steps' to prevent sexual harassment. Third-party harassment protections restored. Worker Protection Act 2023.
What employers need to do
Implement anti-harassment policy, conduct risk assessments, provide training, create reporting mechanisms. Document all steps taken.
Consequence of non-compliance
25% uplift on compensation awards. Uncapped tribunal compensation.
Day-one flexible working
Now in forceIn force since April 2024
What changed
Right to request flexible working from day one (previously 26 weeks). Two requests per year. Employer must consult before refusing.
What employers need to do
Remove any qualifying period from flexible working policy. Update refusal process to include mandatory consultation.
Consequence of non-compliance
Automatic unfair dismissal if request handling is procedurally defective. Up to 8 weeks' pay award.
Day-one written statement
Now in forceIn force since April 2020, expanded
What changed
Written statement of employment particulars required from day one (previously 2 months). Expanded to include additional particulars.
What employers need to do
Issue compliant written statement before or on first day of employment.
Consequence of non-compliance
Tribunal may award 2-4 weeks' pay for non-provision. Weakens employer's position in any subsequent claim.
Day-one paternity and parental leave
Now in forceIn force since April 2026
What changed
Paternity leave and unpaid parental leave become day-one rights. No qualifying period.
What employers need to do
Remove any qualifying period from paternity and parental leave policies.
Consequence of non-compliance
Automatic unfair dismissal for denial. Discrimination risk.
Bereaved Partner's Paternity Leave
Now in forceIn force since April 2026
What changed
New statutory right for bereaved partners following the death of a mother within 52 weeks of birth.
What employers need to do
Create or update bereavement/paternity leave policy to include this right.
Consequence of non-compliance
Automatic unfair dismissal for denial.
Fair Work Agency operational
Now in forceOperational since April 2026
What changed
New single enforcement body replacing separate agencies. Powers to inspect premises, issue penalties, and bring tribunal claims on behalf of workers.
What employers need to do
Ensure all employment rights documentation is in order. FWA can conduct proactive inspections, not just respond to complaints.
Consequence of non-compliance
Penalties up to 200% of underpayments. Public naming. Criminal prosecution for serious cases.
October 2026
These dates have been announced by the government. Commencement orders have not yet been published.
"All reasonable steps" harassment regulations
Date announcedExpected October 2026
What changed
Standard rises from 'reasonable steps' to 'all reasonable steps'. Regulations will define what this means in practice. Third-party harassment liability confirmed.
What employers need to do
Review harassment prevention policy and evidence of steps taken. Prepare for enhanced EHRC inspection powers. Consider the 8-step EHRC framework.
Consequence of non-compliance
Enhanced 25% uplift mechanism. Uncapped compensation. EHRC enforcement action.
Industrial action protections
Date announcedExpected October 2026
What changed
Enhanced protections for workers taking lawful industrial action. Restrictions on use of agency workers during disputes.
What employers need to do
Review industrial relations procedures. Update any policies referencing strikes or industrial action.
Consequence of non-compliance
Automatic unfair dismissal for detriment related to lawful industrial action.
January 2027
The most significant changes. Day-one unfair dismissal rights, uncapped compensation, and fire-and-rehire restrictions.
Unfair dismissal: day-one right with initial period
Date announcedExpected January 2027
What changed
Qualifying period for ordinary unfair dismissal drops from 2 years to day one, with a statutory initial period (expected 9 months) during which a lighter-touch process applies.
What employers need to do
Review dismissal procedures. Ensure documentation from day one. Update probationary period policy to align with the statutory initial period.
Consequence of non-compliance
Every employee can bring an unfair dismissal claim from their first day. Cost of poor process increases dramatically.
Compensation cap removed
Date announcedExpected January 2027
What changed
The statutory cap on compensatory awards for unfair dismissal (currently £115,115 or 52 weeks' pay, whichever is lower) is being removed entirely. Awards will be based on actual financial loss with no upper limit.
What employers need to do
Review all dismissal-related procedures. The financial consequence of procedural failures becomes potentially catastrophic for senior employees.
Consequence of non-compliance
Uncapped liability. A poorly managed dismissal of an £80,000/year employee aged 45 could result in an award reflecting years of lost earnings.
Fire-and-rehire: automatically unfair
Date announcedExpected January 2027
What changed
Dismissing an employee for refusing to accept changes to their contract of employment becomes automatically unfair dismissal. No qualifying period.
What employers need to do
Review any plans to change employment terms. Ensure consultation processes are robust. Update contracts policy.
Consequence of non-compliance
Automatic unfair dismissal. Enhanced compensation. No defence based on business needs alone.
2027 and beyond
These changes are in the ERA 2025 but do not yet have confirmed implementation dates.
Statutory bereavement leave
Awaiting commencement orderExpected 2027, awaiting consultation
What changed
A new statutory right to bereavement leave for all employees. Currently bereavement leave exists only for parents of children under 18.
What employers need to do
Review bereavement leave policy. Prepare to extend entitlement beyond parental bereavement once the right is commenced.
Consequence of non-compliance
Automatic unfair dismissal for denial once commenced. Discrimination risk in the interim.
Mandatory menopause action plans
Awaiting commencement orderExpected 2027
What changed
Large employers expected to publish menopause action plans. Details subject to secondary legislation and consultation.
What employers need to do
Consider developing a menopause policy and workplace adjustments framework now, ahead of mandatory requirements.
Consequence of non-compliance
To be defined by secondary legislation. Failure to publish may result in enforcement action.
Mandatory gender pay gap action plans
Awaiting commencement orderExpected 2027-2028
What changed
Employers required to publish action plans alongside gender pay gap reports. Currently only reporting is mandatory.
What employers need to do
Begin developing action plans alongside existing gender pay gap reporting if applicable.
Consequence of non-compliance
To be defined by secondary legislation.
Zero-hours contract protections
Awaiting commencement orderAwaiting secondary legislation
What changed
Workers on zero-hours and low-hours contracts will gain rights to guaranteed hours based on hours regularly worked. Details subject to secondary legislation.
What employers need to do
Review use of zero-hours contracts. Prepare for potential obligation to offer guaranteed hours.
Consequence of non-compliance
To be defined by secondary legislation. Financial penalties expected for non-compliance.
Check whether your policies are ready
The free compliance audit checks your employee handbook against all of these requirements. Upload your handbook and see where you stand before the next deadline.
This page is maintained by the Pedantic team and updated within 48 hours of relevant statutory instruments being published. It is not legal advice. For the definitive text of the Employment Rights Act 2025, see legislation.gov.uk. For official implementation guidance, see gov.uk/employment. Last updated: April 2026.