Employment law changes in 2026 and beyond: why employers can’t afford to ignore them

January 6, 2026

By Fflur Jones

Read time: 4 minutes

2026 will be another big year for employers as the changes from the recently-passed Employment Rights Act 2025 start to come into force.

Our employment law expert, Fflur, highlights the key legal developments expected this year and what employers can do to prepare.

What is the Employment Rights Act and why is it important?

The Employment Rights Act 2025 (ERA) finally became law on 18th December 2025, after being passed at the last minute by the UK Parliament on 16th December following months of debate.

The ERA contains a huge number of changes to employment law and is arguably the biggest piece of employment legislation since the Equality Act 2010. It introduces changes in areas ranging from unfair dismissal rights to paternity leave, and much more in between.

Employers can’t afford to ignore the ERA – it will start to affect all businesses straight away.

What changes are coming up under the ERA 2025?

Several changes are coming into force as soon as April 2026, with many others due in October. There are also several consultation processes happening on the final details of other changes expected in 2027. The currently-expected timeline of key changes is as follows:

April 2026
  • Paternity and parental leave will become day 1 rights for employees.
  • Statutory sick pay will be payable from day 1 of a period of sickness absence.
  • A number of changes to trade union law will be made, including reforming the process for unions to get statutory recognition from employers.
  • The penalty for failing to collectively consult on redundancies involving 20 or more employees will be doubled to 180 days’ gross pay per employee.
  • Whistleblowing protections will be strengthened for employees who report sexual harassment in the workplace.
  • The Fair Work Agency will be set up, acting as a new enforcement body for a range of employment rights.
  • National minimum wage rates, statutory maternity and paternity pay, and statutory sick pay will all be increased.
October 2026
  • The deadlines for employees to bring Employment Tribunal claims after acts such as dismissals or discrimination will be doubled from 3 to 6 months.
  • Employers will become liable for harassment if third parties such as customers or suppliers harass or sexually harass their employees, unless they took reasonable steps to safeguard against this.
  • Contracts of employment will have to include information about employees’ rights to join a trade union, which must be communicated to employees from day 1.
  • Changes to TUPE will be made to bring private sector workers’ rights closer to those of their public sector peers.
  • Further protections will be given to trade union representatives and members.
  • The duty to prevent sexual harassment will be heightened, requiring employers to take all reasonable steps.
  • Fire and re-hire” will become unlawful except in very limited circumstances.
1st January 2027
  • Unfair dismissal reforms – although not due until early 2027, this could be the biggest change of all: employees will gain the right to claim unfair dismissal after 6 months of employment, down from the current 2 years.

 

The changes don’t stop there – in 2027 we expect to see a further raft of changes, including reforms to zero-hour contract workers’ rights, non-compete clauses in contracts of employment, flexible working, and a new right to statutory bereavement leave.

What about other parts of employment law?

The ERA 2025 isn’t the only piece of new employment law expected this year. We’re also waiting for a new bill which will introduce rights on equal pay and pay gap reporting in relation to race and disability. This bill may also may make other reforms to discrimination law.

The Equality and Human Rights Commission’s Code of Practice on single-sex spaces is still waiting to be finalised following the Supreme Court’s decision on the definition of “sex” under the Equality Act 2010.

We’re also expecting some key decisions in case law from the higher courts in areas including holiday pay, philosophical beliefs, and equal pay.

What do employers need to do now?

The most crucial step employers need to take now is to audit their policies, procedures and contracts of employment.

Policies on paternity and parental leave, sickness absence, whistleblowing, discrimination and harassment will all need to be updated – several of these will need to be ready by April 2026. Contracts will also need to be updated, especially in relation to the requirement to tell employees about their trade union rights from October.

Before the major changes to unfair dismissal law on 1st January 2027, employers also need to review their disciplinary, capability and redundancy processes to make sure they’re compliant, and may need to train managers on carrying out these processes.

How can Darwin Gray help?

Our employment law and HR experts can advise you on what you need to do to stay compliant with the law, and can review and update your policies and contracts for you. We also regularly deliver training to employers in all these areas. Get in touch with Fflur Jones using our contact form, or via 02920 829117 today to see how we can help you.

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