New caps on dismissal compensation
The Employment Rights (Increase of Limits) Order 2026 includes the... Read More
Employment Rights Act begins to come into force
The Employment Rights Bill was passed into law on 18 December 2025 becoming the Employment Rights Act 2025 (“ERA 2025”). While the Bill may have passed, its various changes to employment law will not come into effect immediately. Instead, the changes in the ERA 2025 will come into force on a staggered basis. While the majority of changes are expected to come into force in April and October this year (as well as in early 2027) there are some changes which are coming into force as early as next month.
From 18 February 2026, there will be changes to the law concerning trade unions and industrial action. These changes include:
- The period of effectiveness for an industrial action ballot will extend from 6 months to 12 months.
- The notice required for industrial action to take place will reduce from 14 days to 10 days.
- The information to be given on industrial action ballot papers and on the notice to an employer of industrial action are to be reduced.
Importantly, there are transitional provisions set out in separate Regulations which limit the impact of these changes to industrial action ballots which are opened prior to 18 February. To assist employers, the government has published guidance which can be read here.
What’s the next date to be aware of
The government has started making commencement regulations in respect of other changes set out in the ERA 2025 which it committed to implementing by April 2026 in its Roadmap. So far, we have regulations setting out day one rights to Parental and Paternity leave to take effect from 6 April 2026. However, employers should be aware that from 18 February 2026, employees will be able to give advance notice of their intention to take Parental or Paternity leave when the law changes in April.
Employers should also be mindful that (separate to the ERA 2025), Regulations bringing into force The Paternity Leave (Bereavement) Act 2024 come into effect on 6 April 2026 which will entitle fathers and partners to a period of 52 weeks leave where their spouse, civil partner or partner die.
Aside from this, the government’s roadmap promised other changes would take effect by April 2026 including the day one right to Statutory Sick Pay and doubling the protective award from 90 days to 180 days for employer failures to collectively consult. We would expect regulations paving the way for these changes to also take place on 6 April to be passed in the near future.