Employment Rights Act 2025: updated implementation timetable

The Government has published a revised timetable for the implementation of the Employment Rights Act 2025.

Although there are several minor changes, the key differences are:

• The measures relating to “fire and re-hire” dismissals have been delayed and are now expected to come into force in January 2027.  Please see our earlier article on the impact of these changes. 
• The reduction to the qualifying period of service for unfair dismissal claims (to six months) will take effect for dismissals from 1 January 2027. The removal of the statutory cap on the unfair dismissal compensatory award will come into effect on the same date. 

On a practical level, this means that anyone with 6 months’ service on or after that date will be able to bring an unfair dismissal claim, with no limit on the compensatory award. Employers should bear this in mind when considering recruitment decisions and probationary processes from Spring onwards. 

• The extension of certain Employment Tribunal time limits to six months is now expected “no earlier than” October 2026. This suggests an October implementation is not definite and could slip.  
• The implementation date for electronic and workplace balloting has been pushed back. Electronic and workplace balloting for statutory trade union ballots is now expected no earlier than August 2026. Electronic and workplace balloting for trade union recognition or de-recognition is now expected in 2027.

These timetable shifts are in part due to the prolonged “ping pong” stage of the Bill on its journey through Parliament, meaning Royal Assent took longer than the Government had anticipated.

No date has been given for the changes the ERA 2025 will make to restrict the use of NDAs where there are discrimination and harassment allegations.

The Government says that it will continue to keep these timings under review as they consult and develop the details of the new measures.

Our content explained