Several of the biggest changes in the Employment Rights Act 2025 are now in force, and the next two milestones are close: a tougher harassment duty on 30 October 2026 and a much shorter qualifying period for unfair dismissal from 1 January 2027. This article sets out what has already changed, what is imminent and what remains undated, using the latest Acas and GOV.UK material.
Which Employment Rights Act changes are already in force?
According to Acas, as of late October 2026, a substantial first tranche has already taken effect. On 6 April 2026, paternity leave and ordinary (unpaid) parental leave became rights from the first day of a job. Statutory sick pay (SSP) is now payable from the first day of illness rather than the fourth, and the lower earnings limit for SSP has been removed, so workers no longer need to earn a minimum amount to qualify.
The Fair Work Agency was established on 7 April 2026 to bring enforcement bodies together and take on the enforcement of rights such as holiday pay and SSP. Employers must also keep holiday and annual leave records for at least six years.
More recently, the time limit for bringing an employment tribunal claim rose from three months to six on 1 October 2026. Acas notes that where the problem at work began before that date, the three-month limit may still apply.
GOV.UK’s implementation page, last updated on 22 October 2026, confirms that the government is publishing commencement detail in stages and that further information on 2027 measures was added this week. The timetable has moved before, so the pages are worth rechecking before any compliance deadline.
What changes on 30 October 2026?
Acas lists a cluster of changes for 30 October 2026, and the one with the widest reach is the harassment duty. Current law requires employers to take “reasonable steps” to prevent sexual harassment of their workers. From 30 October the standard becomes “all reasonable steps”.
Acas says employers will also be liable for harassment by third parties, such as customers, unless they have taken all reasonable steps to prevent it. GOV.UK’s roadmap describes the same pairing, a stronger duty on sexual harassment plus a duty not to allow third-party harassment, and says a later power will let regulations define which steps count as reasonable.
The same date brings updated trade union access rights to workplaces, an updated recognition Code of Practice, new facilities and time-off rights for some union representatives, and protection for workers taking industrial action from less favourable treatment by their employer.
Why does the third-party duty matter so much in London?
London’s economy is unusually customer-facing. Hospitality, retail, events, healthcare, transport and personal services all put staff in direct contact with the public for long shifts, often late at night. Staff in those sectors are the people most exposed to harassment by someone who does not work for their employer.
The change moves the question from “did the employer respond sensibly after a complaint?” to “did the employer take all reasonable steps beforehand?” That is a shift from reaction to prevention. In practical terms, employers are likely to look at areas such as:
- whether risk assessments consider customer and supplier contact, not only colleagues
- how staff report an incident, and whether a manager is clearly responsible for acting on it
- whether training reflects the actual settings in which people work, from a shop floor to a client dinner
- how repeated problems with a particular customer or venue are recorded and handled
What counts as “all reasonable steps” has not yet been defined in regulations, which is why employers with a heavy public-facing workforce will want a documented approach rather than an informal one. Small firms should not assume the duty is a large-employer matter: it applies to employers generally.
What does the six-month unfair dismissal threshold mean?
From 1 January 2027, according to Acas, employees will be able to claim unfair dismissal after six months in a job instead of two years. Acas notes that the government moved to six months from an earlier plan for protection from the first day of employment. The limit on compensation for unfair dismissal is also due to be removed on the same date. Acas gives no further detail on how that will work, and it says delivery depends on the government’s consultations.
A simple comparison shows how much the change widens coverage:
| Start date | Old two-year point | New six-month point |
|---|---|---|
| 1 February 2027 | 1 February 2029 | 1 August 2027 |
| 1 July 2027 | 1 July 2029 | 1 January 2028 |
The table is illustrative arithmetic based on the stated thresholds and ignores any transitional rules, which should be checked against the final legislation. Because the two-year period ran for 24 months and the new one runs for six, a new starter becomes protected 18 months earlier.
Probation periods are where the effect will be felt. Many London employers use three or six months as a trial period. Under the new rule, a dismissal at the end of a six-month probation would sit right at the threshold, so a clear and fair process becomes more important. A dismissal for conduct or capability, for example, is more likely to be defensible where the reasons were documented and the employee had a chance to respond. Acas guidance on fair procedure is the natural starting point.
What is happening to fire and rehire?
“Fire and rehire”, meaning dismissal and re-engagement on worse terms, is due to become automatically unfair in most cases. The original roadmap placed this in October 2026, but Acas now says the change is expected sometime in January 2027, with an updated Code of Practice due in 2027.
For employers, that shifts the discussion about changing contracts. Where terms such as hours, pay structure or location must change, agreement through consultation becomes the realistic route, because dismissal as a lever is being closed off. For employees, it means a request to sign a worse contract is something to read carefully and discuss, ideally with a union representative or an adviser.
Which measures have no date yet?
Acas lists a group of 2027 measures with dates not yet announced:
- Flexible working: if a request is refused, employers must state a business reason from a list of eight and explain why the refusal is reasonable. This builds on the current statutory process, which is explained in how flexible working requests work for London employees.
- Zero-hours and low-hours work: a right to guaranteed hours for those who want them, compensation for cancelled, shortened or moved shifts, and reasonable notice of shifts and changes.
- Gender pay gap and menopause action plans: voluntary since April 2026 but due to become mandatory. Earlier guidance, according to Acas, says this applies to employers with 250 or more workers.
- Collective redundancy: employers must count redundancies across their whole organisation, not just individual workplaces.
- Bereavement leave: a new statutory right, which is unpaid.
- Non-disclosure agreements: clauses that prevent workers from alleging or disclosing work-related harassment or discrimination become void.
- Pregnancy and maternity: stronger protection against dismissal for pregnant workers and those returning from maternity leave.
- Umbrella companies: added to the definition of agencies so that enforcement bodies can act against them.
Employers should treat this list as a planning horizon rather than a deadline calendar. GOV.UK says commencement detail for these measures is still being published.
What should hiring teams and job-changers factor in?
For people moving between roles, the January change alters the risk calculation described in what employees should consider before changing jobs. Protection from unfair dismissal would arrive much sooner in a new post, so the first months carry less exposure than they did under the two-year rule. That does not remove the other considerations, such as notice terms, pay and progression.
For hiring teams, the combination of a six-month threshold, first-day SSP, day-one parental rights and a longer tribunal window raises the importance of consistent people processes. It also feeds into the wider picture of employer demands described in the skills London employers are looking for. Managers who can run a fair performance process, handle a harassment report and keep decent records are becoming a core capability, not an HR extra.
Cooling conditions in the labour market, covered in London’s job market is cooling, also change the context. Employers with more applicants per vacancy may feel less pressure to adapt, but the legal obligations apply regardless of how tight hiring is.
A short checklist for the next ten weeks
The period between now and early January is short, and employers can use it in a structured way. These are general planning points, not advice for any particular business:
- Check that harassment policies and risk assessments cover customers, clients and suppliers before 30 October.
- Review probation processes and how they would stand up at a six-month dismissal point before 1 January.
- Confirm that records of holiday and leave are being kept for six years.
- Review contract-variation plans in light of the expected January change on fire and rehire.
- Watch GOV.UK and Acas for the 2027 commencement dates, particularly for zero-hours and flexible working.
A staged reform that rewards early preparation
The Employment Rights Act is being delivered in steps, with the sharpest edges still to come. The 30 October harassment duty is a change in standard rather than a new right, and it lands on every employer with staff who meet the public. The 1 January unfair dismissal threshold will widen protection for a large number of newer employees. Between them, they move more of the burden onto process and documentation.
London employers have a few weeks to prepare, and employees have a clearer view of the rights that are arriving. As ever with a rolling timetable, the dates are the government’s current expectations, and a measure listed here for January or for 2027 could still move.
This article is general information, not legal advice. Employment law changes and commencement dates may shift, so check current GOV.UK and Acas guidance for your own circumstances.
Sources: Acas; GOV.UK
