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Saturday, October 24, 2026

Long overdue or a disaster for business? The Employment Rights Act and the big questions still unanswered - Legal Cheek

Leo Fontes, final-year history student and aspiring commercial solicitor, examines this landmark legislation

The Employment Rights Act became law on 18th December 2025 and has been described as the “biggest upgrade to workers’ rights in a generation”. Some of the changes have already been implemented, such as paternity leave and unpaid parental leave becoming day-one rights, and reporting sexual harassment now counting as a protected disclosure, meaning employees can’t be lawfully dismissed or punished for speaking up. However, the biggest and most consequential changes are still yet to come.

What’s changing and when?

The Employment Rights Act 2025 mostly amends the Employment Rights Act 1996, and many details are still subject to government consultations.

1st October 2026: the time to bring a tribunal claim doubled from three to six months.

30th October 2026: Employers must take ‘all reasonable steps to prevent sexual harassment’ and become liable for harassment from third parties (clients and customers). Upgraded trade union rights will also be introduced.

1st December 2026: Higher standards around workers’ rights for seafarers, and staff must be consulted on tipping policies.

1st January 2026: Employees can claim unfair dismissal after six months in a job instead of two years, the cap on unfair dismissal compensation is removed, and dismissing staff then rehiring them on worse terms (“fire and rehire”)

Later in 2027: New rights for zero-hours workers, including...



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