Employment Rights Act 2025: new consultations published and timeline updated

Timeline update

The timeline set out in the Government’s roadmap from July 2025 is broadly unchanged. However, there are some important updates in the timeline published on 4 February 2026 and be aware of the following:

• 18 February 2026

Notice can be given from 18 February 2026 in relation to the day-one right to paternity and parental leave which is to be implemented on 6 April 2026.

• 6 April 2026

We now have a date for the introduction of voluntary equality action plans for employers with 250 or more employees. These plans will outline steps taken to promote gender equality, address the gender pay gap, and support employees through the menopause.

Menopause guidance is mentioned in the updated timeline (it was not mentioned previously) but there are no further details about what this might cover.

• 7 April 2026

The Fair Work Agency will be established a day later than originally planned.

• Measures that will take effect in August 2026

Electronic and workplace balloting for statutory trade union ballots which was originally planned for 6 April 2026.

• Measures that will take effect in October 2026

Introducing a power for regulations to specify steps that are to be regarded as “reasonable” to determine whether an employer has taken all reasonable steps to prevent sexual harassment. This has been brought forward from 2027.

• Measures that will take effect no earlier than October 2026

Extension of Employment Tribunal time limits which was originally planned for 1 October 2026.

• Measures that will take effect in January 2027

In one of the most significant changes, the fire and rehire protections which were originally to be implemented on 1 October 2026 have been put back to 2027.

• Measures that will take effect in 2027

Electronic and workplace balloting for recognition and derecognition ballots.

Note that there is no mention at all in the updated timeline about the changes to Non-Disclosure Agreements (NDAs). New rules will provide that confidentiality clauses in settlement agreements or other agreements will be void, to the extent that they attempt to prevent individuals from discussing allegations of harassment or discrimination. The proposals regarding NDAs came after the original roadmap was published last summer and we still do not have any information about an implementation date.

The months ahead will be busy and we will keep you updated via our Employment Rights Act 2025 Hub.

Useful links

• Government consultations
• Consultation Fire and rehire changes to expenses benefits and shift patterns
• Consultation Revised Code of practice on access and unfair practices
• Draft Code of Practice access and unfair practices
• Consultation Improving access to flexible working
• Consultation Strengthening the law on tipping
• Consultation Modernising the agency work regulatory framework
• Updated timeline