Employment Rights Act 2025: implementation begins
Following Royal Assent on 18 December, we now have a fixed date for measures that will take effect two months later.
Measures taking effect on 17 February 2026
- Repeal of most measures introduced by the Trade Union Act 2016 (e.g., ballot thresholds, picket supervisor requirement, certain facility‑time publication rules).
- Simplification of information required in industrial action notices and ballot papers.
- Reducing the notice unions must give employers of industrial action from 14 to 10 days.
- Extending the ballot mandate period from 6 to 12 months.
These are technical measures largely focused on industrial action and will not have an immediate impact on workers’ day‑to‑day rights.
Other measures that could be commenced on 17 February
The Government previously indicated that measures extending protection against dismissal for taking part in industrial action would come at Royal Assent or soon afterwards. The relevant section is not in the February list; commencement may align with Autumn 2026 when related detriment protections are due.
Looking further ahead: April 2026
- Removing the waiting period and the lower earnings limit for SSP.
- Doubling the protective award for breaches of collective redundancy consultation rules.
- Making paternity leave and unpaid parental leave a day‑one right.
SSP calculation detail: Government indicates a framework where SSP is capped at the lower of the flat weekly rate or 80% of normal weekly earnings — finalised via secondary legislation.
Keeping you informed
All April measures require commencement orders. We will update the HR Hub as orders and regulations are laid.
Visit: https://www.venatu.co.uk/hr-hub
Helpful links
- Gov.UK – Implementation Roadmap: https://www.gov.uk/government/publications/implementing-the-employment-rights-bill
- Gov.UK – Employment Rights Bill Factsheets: https://www.gov.uk/government/publications/employment-rights-bill-factsheets
- UK Parliament – Employment Rights Act 2025: https://bills.parliament.uk/bills/3737
Acas – ERA 2025 summary: https://www.acas.org.uk/employment-rights-bill