Several significant changes under the Employment Rights Act 2025 have either recently taken effect or are due to come into force over the coming months.

Electronic and workplace balloting

New rules allowing electronic and workplace balloting for statutory trade union ballots took effect on 25 August 2026.

These changes form part of wider reforms intended to modernise the statutory balloting process and make it easier for trade unions to engage their members.

Employment Tribunal time limits

From 1 October 2026, the time limit for bringing most Employment Tribunal claims will increase from three months to six months.

For breach of employment contract claims in Scotland, the change will take effect on 9 November 2026.

This will give employees more time to pursue claims and could mean employers face a longer period of uncertainty following workplace disputes, dismissals and other employment decisions.

Trade union reforms

A package of trade union measures is due to take effect on 30 October 2026, including:

• A new duty to inform workers of their right to join a trade union.
• Strengthened trade union rights of access to workplaces.
• Changes to the trade union recognition and derecognition process.
• New rights and protections for trade union representatives.
• Extended protection against detriment for workers taking industrial action.

Employers should review how they communicate with their workforce and ensure that managers understand the new rights and obligations.

Workplace harassment

Important changes to employers’ responsibilities for preventing workplace harassment will also take effect on 30 October 2026.

Employers will be required to:

• Take all reasonable steps to prevent the sexual harassment of their employees.
• Take steps to prevent employees from being harassed by third parties, such as customers, clients, contractors and suppliers.

The Government will also have the power to specify evidence-based steps that employers must take to prevent sexual harassment. These requirements will complement the wider duty to take all reasonable steps.

Employers should review their policies, risk assessments, reporting arrangements and training before the new duties take effect.

Acas has also published a revised Code of Practice on time off for trade union duties and activities, which is expected to take effect on 30 October 2026. Its guidance on probation periods has been updated ahead of the changes to unfair dismissal rights due on 1 January 2027.

The latest implementation dates are set out in the Government’s Employment Rights Act timeline

The Government continues to consult on several proposed changes affecting employers and workers.

Current areas of consultation include:

• Employment rights for unpaid carers and parents of seriously ill children.
• Time off for public duties.
• Holiday pay compliance and enforcement by the Fair Work Agency.
• The use of workplace monitoring and surveillance technologies.
• Equal pay and pay discrimination affecting disabled people and people from ethnic minority backgrounds.

Acas is also consulting on a revised Code of Practice on Disciplinary and Grievance Procedures. This is the first full rewrite of the Code since 2009, and the consultation is due to close on 23 September 2026.

Employers can review and respond to open consultations through the Government’s consultation portal.

Taking part gives businesses an opportunity to share their practical experience and highlight how proposed changes could affect their workforce and operations.

Yes. Following its consultation on mandatory ethnicity and disability pay gap reporting, the Government has confirmed that further regulations, guidance and practical tools will be developed.

These are expected to include:

• Step-by-step guidance on collecting ethnicity and disability data.
• Guidance on calculating ethnicity and disability pay gaps.
• Advice on improving employee declaration rates.
• Recommended action for addressing identified pay gaps.

Although the detailed requirements are still being developed, employers should begin considering how prepared they are.

Practical steps may include:

• Reviewing HR and payroll systems to establish whether they can collect the necessary information.
• Checking how ethnicity, disability and pay data is stored and protected.
• Reviewing privacy notices and data-protection procedures.
• Considering how employees will be encouraged to provide information voluntarily.
• Planning clear internal communications explaining why the information is being collected and how it will be used.

Ethnicity and disability information can constitute special category personal data. Employers must therefore ensure that its collection, use and storage comply with UK GDPR and the Data Protection Act 2018.

Further information is available in the Government’s response to the consultation.

From 1 January 2027, the qualifying period for bringing an ordinary unfair dismissal claim will reduce from two years to six months. The statutory cap on compensatory awards for unfair dismissal will also be removed.

These reforms will make effective recruitment, onboarding, probation and performance management even more important.

Employers should consider reviewing the following areas:

Recruitment processes

Review recruitment and pre-employment procedures to support better hiring decisions and reduce the likelihood of problems arising during early employment.

Employment contracts and probation clauses

Ensure contracts clearly set out:

• The length of the probation period.
• Any right to extend probation.
• Notice arrangements during probation.
• How performance, attendance and conduct will be assessed.
• What happens at the end of the probation period.

Probation policies

Probation policies should provide managers and employees with a clear and consistent process. They should also align with disciplinary, capability and performance-management procedures.

Manager training

Managers should feel confident setting expectations, providing feedback, recording concerns and addressing conduct or performance issues promptly and fairly. Take a look at our upcoming training workshops here.

Performance and conduct procedures

Concerns should be addressed as soon as they arise. Employers should not wait until the final probation review or assume that employees with less than six months’ service can be dismissed without a fair reason or process.

Employees may already bring certain claims without completing a qualifying period, including claims relating to discrimination, whistleblowing and automatically unfair dismissal.

Early risk identification

HR teams and managers should be trained to recognise potential legal risks before action is taken. Proper records should be maintained throughout recruitment, onboarding and probation.

Bhayani Law can support employers by reviewing employment contracts and probation policies, advising on performance and conduct issues, delivering manager training and helping organisations prepare for the six-month unfair dismissal qualifying period.

The Government published a draft updated Employer’s Guide to Right to Work Checks on 16 July 2026. The revised guidance and accompanying Codes of Practice are expected to take effect on 1 October 2026.

The changes expand the illegal working regime beyond traditional employment relationships and may affect organisations using:

• Contractors.
• Subcontractors.
• Casual workers.
• Labour supplied through third parties.
• Complex labour and supply-chain arrangements.

The guidance also includes changes relating to acceptable evidence and the use of digital identity verification providers.

Employers should review their recruitment, procurement and contractor-engagement processes and ensure that those responsible for checking an individual’s right to work have received appropriate training.

Right-to-work compliance sits within immigration law. Where specialist advice is required, employers should seek support from a suitably qualified immigration adviser.