The Employment Rights Act Is Arriving in Stages. Has Your HR Admin Caught Up?

The Employment Rights Act 2025 is not a single change. It is being switched on in stages, and two of the biggest stages land in the next ten weeks.

Most UK employers know the Act exists. Fewer have updated their contracts, policies and records to match it. That gap is where tribunal claims start.

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What is changing, and when

Already in force: 1 October 2026 — longer to bring a claim. Most employment tribunal time limits have doubled from three months to six. A disgruntled former employee now has twice as long to decide to take action, so your records need to hold up for longer.

This Friday: 30 October 2026 — "all reasonable steps" on harassment. Employers must take all reasonable steps to prevent sexual harassment of their staff, and there is new protection against harassment by third parties such as customers and clients. Responding after the event is not enough. You need to show what you did to prevent it: a current policy, training records, risk thinking and evidence you acted on concerns.

1 January 2027 — unfair dismissal after six months, not two years. The qualifying period for ordinary unfair dismissal falls from two years to six months for dismissals taking effect on or after that date. Anyone who already has six months' service on 1 January is protected straight away. The cap on compensation for unfair dismissal is also being removed, so awards will be based on the actual loss.

Also 1 January 2027 — fire and rehire restrictions. Dismissing someone for refusing a contract change that cuts pay or worsens key terms will be automatically unfair, except in narrow circumstances.

More is expected through 2027, including guaranteed hours for zero-hours workers, a day-one right to bereavement leave and tighter rules on flexible working refusals.

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Why this catches businesses out

The problem is rarely bad intent. It is paperwork that has not kept pace.

A disciplinary procedure written on the assumption that staff under two years can be let go quickly will not hold up from January. A harassment policy last opened at induction will not show "all reasonable steps". A probation process with no written reviews leaves you exposed the day someone reaches six months.

And most of these documents live in a folder on someone's laptop, emailed to employees who may or may not have read them. When a tribunal asks you to prove a policy was communicated, a sent email is rarely enough.

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What a tribunal actually looks at

Tribunals look for evidence:

• That the relevant policy existed and was current at the time
• That the employee received and acknowledged it
• That the process you followed matched the policy you had written down
• That notes of meetings, absence reviews and performance conversations were made at the time

Gaps in any of these weaken your position, even if you broadly did the right thing.

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What to do now

Before Friday: check your harassment policy. Is it current? Does it cover third parties such as customers and contractors? Can you show who has read it and who has been trained?

Before January: tighten probation. With protection starting at six months, the first six months matter. Set clear objectives, hold documented reviews and make decisions before the six-month point, not after.

Review disciplinary and capability procedures. Remove anything that assumes short-service staff can be dismissed without a fair process. From January, most of your workforce will be protected.

Build an acknowledgement trail. For every policy you issue, keep evidence that the employee received it. A digital acknowledgement is far more defensible than a CC on an email.

Keep records as you go. Notes from return-to-work meetings, check-ins and hearings should be written at the time, not pieced together later.

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WorkThread is HR compliance software for UK employers, covering contracts, right-to-work checks, absence, disciplinary records and policy acknowledgements. It supports you in meeting your obligations; it does not give legal advice, and you should take professional advice on your own situation.

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