Solicitor Dayna Rodrigues, in our Employment Law team, discusses the updated timeframe published by the Government on the implementation of Employment Rights Act 2025 and Plan to Make Work Pay.
The Government has published an updated timeframe for the implementation of its Plan to Make Work Pay and the Employment Rights Act 2025.
It is important to remain aware that all future dates may be subject to further change as the Government continues its various consultations to try to bottom out the finer detail of its planned legislative updates and also seeks to produce and publish supporting regulations.
These latest updates primarily appear to ‘firm up’ the roadmap for those measures that were already scheduled to come into effect this October 2026 with some other minor updates.
It is now timetabled that:
- The changes to time limits for bringing (most types of) claims in the Employment Tribunals in England and Wales from 3 months to 6 months will take effect on 1 October 2026. This was previously planned to be implemented 'no earlier than October 2026', so this update is minor.
- The following changes, which were previously scheduled to take effect in October 2026, are ones that we now know are planned to take effect on 30 October 2026 so again a minor update and clarification:
- the duty to inform workers of their right to join a trade union;
- strengthening trade unions’ right of access;
- implementing reforms to access and unfair practices during the recognition and derecognition process, and all remaining trade union recognition measures, including freezing the bargaining unit when an application is received;
- new rights and protections for trade union representatives;
- extending protections against detriments for taking industrial action;
- requiring employers to take ‘all reasonable steps’ to prevent sexual harassment of their employees;
- introducing an obligation on employers not to permit the harassment of their employees by third parties;
- introducing a power that will enable the minister to make regulations at a later date, specifying evidence-based steps which employers must take to prevent sexual harassment (this will complement not replace the broader legislative requirement to take all reasonable steps).
Note that the Government has added greater detail to its summary caption of this planned measure in the timeline update, the former timeline referring more simply to ‘dealing more effectively with unfair practices in the trade union recognition and derecognition process’. This perhaps provides an indication that the scope of the planned measure has developed.
The previous timeline forecast that the commencement of regulations which will set out specific steps that employers must take to prevent sexual harassment (to be made following consultation with steps that compliment not replace the broader legislation) would take effect in 2027. It remains to be seen whether the ‘later date’ referred to in the latest timeline for regulations to be produced is still intended to fall in 2027. Whilst anticipated, this latest policy update also seems to suggest that the steps to be taken will need to be ‘evidence-backed’.
- The Government had previously planned to tighten tipping laws in October 2026 but this appears to have now been potentially postponed, with the latest updates forecasting that the Government plans on ‘strengthening tipping law’ by the end of 2026.
- The latest update also implies that the timings for the introduction of the right to: guaranteed hours; reasonable notice of changes; and short notice payments for those working on contracts which currently do not have fixed hours will be updated after consultation. This is still currently scheduled to take effect in 2027. We therefore anticipate further timeline updates in this regard in particular.
Why does this matter for employers?
The updated timeline is a useful reminder that the Employment Rights Act 2025 is a staged programme of reform rather than a single event. For employers, it is important to recognise that ongoing pre-emptive preparation is key.
Employers ideally should respond to the updated timetable by reviewing and refreshing their own implementation plans to try and best prepare their organisation for each phase of reform as it comes into effect.
Essentially, contracts, policies and procedures, training and communications may need to be reviewed and updated in due course.
You can access and read the UK Government’s latest Policy paper and ERA timeline update here.
Watch this space as we keep you updated with more news in relation to the ERA 2025.
See our other blog articles for more information, including Employment Rights Act 2025: The Latest, This Spring and Employment Rights Act 2025: The Key Employment Law Changes for a look back at other key provisions which have already come into force and what to expect looking ahead.
Our Employment Law team advises employees and employers on all aspects of Employment Law. Please get in touch if we can help.
For further information or legal advice, please contact law@blandy.co.uk or call 0118 951 6800.
This article is intended for the use of clients and other interested parties. The information contained in it is believed to be correct at the date of publication, but it is necessarily of a brief and general nature and should not be relied upon as a substitute for specific professional advice.
