On 16 July 2026, the Department for Businesses and Trade published an updated implementation timeline for the upcoming Employment Rights Act 2025 changes, which can be found here.
A number of changes are now scheduled to come into force on 30 October 2026. These are:
Trade Union measures
- Employers will have a duty to inform workers of their right to join a trade union
- Trade Unions will have the right to access workplaces to meet, represent, recruit and organise workers, or to facilitate collective bargaining
- There will be reforms to access and unfair practices during the recognition and derecognition process, and all remaining trade union recognition measures will be implemented, including freezing the bargaining unit when an application is received
- There will be new rights and protections for trade union representatives
- Protections for workers against detriments for taking industrial action will be extended
Harassment measures
- Employers will be required to take ‘all reasonable steps’ to prevent sexual harassment of their employees
- There will be an obligation on employers not to permit the harassment of their employees by third parties
- There will also be a power that will enable the minister to make regulations at a later date, specifying steps which employers must take to prevent sexual harassment
Other Upcoming Changes
A number of additional reforms are due to take effect before the end of 2026:
- Electronic workplace balloting will come into force on 31 August 2026.
- From 1 October 2026, the time limit for bringing a claim to the Employment Tribunal will increase from 3 to 6 months.
It was previously anticipated that the new tipping reforms would also come into force in October 2026. However, the updated timeline suggests that these measures will now take effect by the end of 2026.
Interestingly now that the new Prime Minister has stepped into Number 10, a banner has been added to the updated timeline indicating “this was issued under the 2024–2026 Starmer Labour government”. Employers should continue to keep a close eye on the implementation timetable, as this new addition suggests that further changes may be made under Andy Burnham’s leadership.
Jonathan Mumby comments:
It is important that employers stay up to date with the ERA implementation timeline, particularly given that further changes may be in the pipeline in the future. Employers should be acting now to ensure that their business is prepared for the wide ranging changes coming into force.
If you need help with drafting or updating policies and procedures, or otherwise preparing for the Employment Rights Act changes, please contact a member of the team here.
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