Employment Rights Act Implementation Dates: What's Coming and When
One of the most frustrating things about the Employment Rights Act rollout is that it's not a single moment. There's no one date when everything changes overnight.
Instead, different provisions are coming into force at different points across 2026 and 2027. Which means the risk of getting caught out isn't just about knowing what's changing — it's about knowing when.
Here's a practical guide to the key implementation dates and what they mean for your business planning.
Already in Force
Some provisions of the ERA have already come into effect. If you haven't reviewed your employment documentation recently, it's worth checking whether your contracts and policies already reflect the current position — not just the upcoming changes.
2026: The Biggest Year for SMEs
The most significant changes for small and medium-sized businesses are expected to land in 2026. These include:
The changes to unfair dismissal qualifying periods — meaning 6 months instead of 2 years
The new statutory sick pay rules, including removal of the lower earnings limit
Enhanced protections for zero-hours and variable-hours workers, including the right to request guaranteed hours
Strengthened obligations around fire and rehire
2026 is the year you need to be ready. Waiting until provisions are confirmed before starting your preparation is too late — the lead time for reviewing contracts, updating policies, and training your managers is real.
2027: Further Changes on the Horizon
Some of the more complex provisions — including around collective redundancy consultation thresholds and certain trade union-related measures — are expected to phase in through 2027. These are less immediately pressing for most SMEs, but worth keeping an eye on if you operate at scale or in a unionised sector.
What This Means for Your Planning
If you're a business owner, the temptation is to wait for certainty before acting. Understandable — but not advisable.
Here's a practical framework for the next twelve months:
Now: Audit your current HR documentation. Are your contracts, handbooks, and policies up to date with current law? If not, that's the starting point — regardless of ERA. Review your people processes. How do you handle probation? Absence? Flexible working requests? Disciplinary and grievance procedures? These are the areas most directly affected by the ERA changes.
Early 2026: Implement changes. Update documentation, brief your managers, and ensure any necessary process changes are embedded before the key provisions land.
Ongoing: Stay informed. The secondary legislation and ACAS guidance that will flesh out the detail of the ERA is still being published. Having a trusted HR partner means you won't miss the things that matter.
A Note on Uncertainty
We know some business owners are frustrated by the lack of precise dates. Secondary legislation takes time, and there are aspects of the ERA where the detail is still being worked through.
The right response to that uncertainty isn't to wait. It's to get the foundations right now — so that when the detail is confirmed, you're adapting rather than starting from scratch.
Need help with this?
If you'd like support preparing for the Employment Rights Act, The People Consultancy offers practical, plain-English HR guidance for businesses across the South East and beyond.
We work with SME owners and in-house HR teams — whichever camp you're in, we can help you get ahead of this.
Get in touch for a no-obligation conversation.
