On 25 September 2026, the government provided an update to its implementation timetable for the Employment Rights Act 2025.
As a reminder, even though the Employment Rights Act 2025 received royal assent on 18 December 2025, the majority of its provisions did not come into effect on that date and will only come into effect once the government has introduced further secondary legislation that fleshes out the details further. For example, you may remember that various changes took effect in April 2026, such as statutory sick pay becoming a day one right (for more information click here).
For a summary of the changes that will come in October 2026, we recommend that you read our other article featured this month. This article will discuss the recent changes to the implementation timetable as well as a brief discussion of how employers can prepare for these changes.
Right to join a trade union
Following a period of confusion for employers about the fate of this duty, the government has recently confirmed that the new duty requiring employers to inform workers of their right to join a trade union, which had been due to come into force on 30 October 2026, has been postponed until 1 January 2027.
Please note that this does not affect the right of trade unions to access the workplace (discussed here), which will come into force from 30 October 2026.
We plan to cover the new duty in depth in a future article but, suffice it to say, that employers should now begin planning how they will change their existing onboarding processes to facilitate this duty and consider how they will communicate this right to existing staff.
Bereavement Leave
Section 18 of the Employment Rights Act 2025 includes a new entitlement to two weeks of unpaid bereavement leave following the death of a qualifying family member, or a pregnancy loss which occurs before 24 weeks. While employers are free to offer paid or enhanced bereavement leave, the government has explicitly ruled out introducing any statutory pay for this new entitlement.
There will be no requirement for evidence of the bereavement. The measures will come into force, via secondary legislation, in April 2027. Even though there is some time between the implementation date and the government’s announcement, we recommend that employers consider their existing bereavement leave policies to see if they will need to amend them and if managers will require training on the new entitlement. This may also be a useful opportunity to consider whether employers wish to offer enhanced paid support beyond the minimum legal entitlement.
Flexible Working
On 25 September 2026 the government equally confirmed that new changes to flexible working would come into effect in autumn 2027. Firstly, the changes will include a new reasonableness test which means that employers will only be able to reject a flexible working
request where it is reasonable to do so. In addition, employers will need to hold a meeting with the employee before formally rejecting any flexible working request. This meeting will need to take place within the existing two-month decision period and employers must give the employee fair notice and inform them of the purpose of the meeting in advance. Following the meeting, the employer will confirm the outcome of the meeting and the request in writing.
Once again, even though there is some time to go until this proposed change comes into effect, we suggest that employers adopt a proactive stance and familiarise themselves with the proposed changes. At this stage it may be worth considering if managers have received adequate training and scheduling such sessions closer to the implementation deadline. In addition, employers will need to revisit their flexible working policies as we approach autumn 2027.
Fire and rehire
In addition, keen watchers of the Employment Rights Act 2025 timetable will also note that the government’s upcoming changes to dismissal and re-engagement (also known as ‘fire and rehire’) will take effect on 1 January 2027 rather than October 2026 as previously expected. The changes are expected to introduce a far more restrictive system than previously and will mean that it will be extremely difficult for employers to rely on fire and rehire save for very limited circumstances (such as financial difficulties).
While we plan to consider the implications of this reform in a future article, the changes will essentially mean that it will also become very difficult for employers to seek contractual changes without an employee’s consent. In these circumstances, we stress that it is crucial to seek legal advice become seeking to implement any individual or widespread contractual changes.
Conclusion
We will continue to keep employers informed as these changes take effect, providing timely updates and guidance on how to prepare in advance of the relevant implementation dates.
Please note the contents of this article do not constitute legal advice. If you require any further information or if you would like our assistance, please contact us at employment@berrysmith.com or on 02920 345 511.