Following the first phase of implementation in April 2026, attention is now turning to the next stage of the Employment Rights Act timetable.
Several measures in relation to the Employment Rights Act have already taken effect, including reforms to statutory sick pay, day-one paternity leave and unpaid parental leave, trade union law, whistleblowing protections linked to sexual harassment, and collective redundancy protective awards. The next significant phase will take place in late 2026, with electronic and workplace balloting due by 31 August, tribunal time limits increasing from 1 October, and a major package of trade union and other measures taking effect on 30 October 2026.
Further Employment Rights Act changes will follow in January 2027 and throughout 2027.
In Brief
The next phase of the Employment Rights Act timetable begins in late 2026, with electronic and workplace balloting due by 31 August, employment tribunal time limits increasing from 1 October, and a wider package of trade union, recognition, industrial action and harassment measures taking effect on 30 October 2026. Further Employment Rights Act changes will follow by the end of 2026, in January 2027 and throughout 2027.
Key Points
- The Government updated the Employment Rights Act implementation roadmap on 16 July 2026, giving more precise dates for several late-2026 measures.
- By 31 August 2026, electronic and workplace balloting will be introduced for statutory trade union ballots.
- From 1 October 2026, the time limit for bringing most employment tribunal claims will increase from three months to six months.
- On 30 October 2026, a major package of Employment Rights Act reforms will take effect, including trade union access rights, recognition reforms, industrial action protections and harassment duties.
- By the end of 2026, further changes are expected on seafarer protections and strengthened tipping rules.
- Employers should also prepare for further Employment Rights Act reforms in January 2027 and during 2027, including unfair dismissal, fire and rehire, zero-hours rights and flexible working.
Implementation Roadmap Updated
On the 16 July 2026, the Government updated the implementation roadmap for the Employment Rights Act, providing more precise dates for the timetable. Several measures that were previously listed only by month have been given specific implementation dates.
Employment Rights Act: August 2026
The first measure in the updated Employment Rights Act timetable is scheduled to come into effect by the 31 August 2026. This concerns electronic and workplace balloting for statutory trade union ballots. Although narrower than the October 2026 changes, it marks the start of the next phase of implementation and forms part of the wider reform of trade union and industrial relations procedures under the Employment Rights Act.
| Employment Rights Act: August 2026 Changes | |
| Electronic and Workplace Balloting for Trade Union Ballots | By 31 August 2026, electronic and workplace balloting will be introduced for statutory trade union ballots. This will allow trade unions to use pure electronic balloting, hybrid postal/electronic balloting and, where permitted, workplace balloting, either alone or in combination with postal voting. Electronic balloting will apply to industrial action ballots, political fund ballots, union elections and union merger or amalgamation ballots. Workplace balloting will be limited to statutory industrial action ballots and will require employer consent. A further phase is expected in 2027 for electronic and workplace balloting in statutory recognition and derecognition ballots overseen by the Central Arbitration Committee. |
Employment Rights Act: October 2026
The October 2026 stage is more substantial. Under the updated Employment Rights Act timetable, employment tribunal time limits will increase from three months to six months from 1 October 2026. A further package of trade union, recognition, industrial action and other measures takes effect on 30 October 2026.
| Employment Rights Act: October 2026 Changes | |
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Employment Tribunal Time Limits 1 October 2026 |
The time limit for bringing most employment tribunal claims will increase from three months to six months from 1 October 2026. In Scotland, the equivalent extension for breach of contract claims arising on termination will take effect slightly later, on 9 November 2026. |
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Union Access and Information Duties 30 October 2026 |
Employers must inform workers of their right to join a trade union, which may be done via a written statement provided alongside the Section 1 statement. Trade unions are granted enhanced access rights, including both physical access to workplaces and digital access (such as via email or intranet). |
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Trade Union Representatives 30 October 2026 |
Enhanced rights and protections apply for trade union representatives, including expanded rights to time off and protection from detriment. |
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Union Equality Representatives 30 October 2026 |
A new statutory role for union equality representatives is introduced, with a legal right to paid time off and access to facilities to carry out equality-related duties. |
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Unfair Practices in Recognition 30 October 2026 |
New restrictions on unfair practices during union recognition campaigns apply once the Central Arbitration Committee accepts an application, limiting employer conduct that could influence ballot outcomes. |
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Protection Against Detriment 30 October 2026 |
Protections against detriment connected with participation in industrial action are strengthened, addressing gaps identified by case law and expanding worker protections. |
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Adult Social Care Negotiating Body October 2026 |
Regulations will be introduced to establish a negotiating body for the adult social care sector in England, enabling the development of sector-wide Fair Pay Agreements. |
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Two-Tier Workforce Code October 2026 |
The two-tier workforce code is implemented in the public sector procurement context, aimed at preventing disparities in pay and conditions between transferred and newly hired workers. |
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Sexual and Third-Party Harassment 30 October 2026 |
Employers must take “all reasonable steps” to prevent sexual harassment of employees. Employers will also be liable for third-party harassment relating to all protected characteristics, including harassment by customers, clients, and suppliers, unless they have taken all reasonable steps to prevent it. |
Employment Rights Act: December 2026
While the December 2026 stage is more limited, it still contains two important changes. The Seafarer Protection Regulations will be implemented, and the strengthened tipping laws are now expected by the end of 2026.
| Employment Rights Act: December 2026 Changes | |
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Mandatory Seafarers’ Charter December 2026 |
New minimum employment standards will be introduced for seafarers who regularly work in UK territorial waters, through the implementation of a mandatory seafarers’ charter. |
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Allocation of Tips By the end of 2026 |
The law on allocation of tips is strengthened. Employers must consult with workers or union representatives before introducing or revising a tipping policy, and must review and update their written policy at least every three years. |
Ongoing Consultations and Further Guidance
Although the broad timetable in relation to the Employment Rights Act 2025 is now clearer, many operational details still need to be finalised through secondary legislation, codes of practice and further guidance.
The Government has continued to consult on key areas of implementation, including zero-hours and similar contracts, guaranteed hours, reasonable notice of shifts, short-notice payments, fire and rehire restrictions, flexible working and strengthened tipping rules. Further guidance from Acas and updated codes of practice are also expected as the remaining measures are brought into force.
Employers therefore face a prolonged transition period during 2026 and 2027. Policies, procedures, contracts, workforce planning and manager training may need to be reviewed more than once as the final detail of the Employment Rights Act reforms becomes clearer.
What Employers Should Do Next
The updated Employment Rights Act timetable gives employers clearer dates for the next phase of implementation. The August 2026 change is relatively narrow, but the October 2026 package is more substantial and will require employers to review several areas of workplace practice, including tribunal risk, trade union processes, industrial relations and harassment prevention.
Employers should use the period before October 2026 to check policies, contracts, manager guidance and internal procedures. In particular, employers should prepare for longer employment tribunal limitation periods, strengthened trade union rights, new obligations around sexual and third-party harassment, and sector-specific changes affecting adult social care, public sector outsourcing, seafarers and tipping practices.
The late 2026 changes should also be seen as preparation for the wider Employment Rights Act reforms due in 2027. From January 2027, employers will need to be ready for major changes to unfair dismissal and fire and rehire, with further reforms expected during 2027 on zero-hours and low-hours contracts, flexible working, pregnancy dismissal protection, bereavement leave, umbrella companies, collective redundancy, NDAs and wider industrial relations reform.
The practical message is that Employment Rights Act compliance cannot be left until each individual commencement date arrives. Employers should now move from general awareness to implementation planning, with policies, training and workforce planning kept under review as further regulations and guidance are published.
What Employers Need to Know
The late-2026 Employment Rights Act changes require employers to move from general awareness to practical preparation. The October 2026 package is particularly important because it affects tribunal exposure, trade union rights, industrial relations and harassment prevention.
- Prepare for longer employment tribunal limitation periods by improving record-keeping, internal procedures and early dispute resolution.
- Review trade union, recognition and industrial relations processes before the 30 October 2026 changes take effect.
- Update harassment policies and manager training to reflect the duty to take all reasonable steps to prevent sexual harassment and third-party harassment.
- Sector-specific employers should prepare for the seafarer and tipping reforms expected by the end of 2026.
