Thank you for reading HR compliance kit | September

The Employment Rights Act 2025 is being implemented in stages.

Several changes are already in force, further measures are scheduled for October 2026 and substantial reforms are expected in 2027. Employers should prepare now, while checking commencement regulations before treating a future measure as an operative legal duty. The Government expressly states that future dates remain subject to parliamentary processes and may change.

Confirmed changes

Employment Tribunal claim limits

1 October 2026

The general time limit for bringing an Employment Tribunal claim is scheduled to increase from three to six months.

The Government identifies 9 November 2026 for the corresponding change concerning breach of employment contract claims in Scotland.

Employers should review document retention and the handling of grievances, dismissals and settlement discussions in light of the longer potential claim window.

Sexual harassment and third-party harassment

30 October 2026

Employers will be required to take all reasonable steps to prevent sexual harassment of employees. A further obligation will prohibit employers from permitting harassment of employees by third parties.

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Employment Rights Act: what's next?

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Employers should revisit risk assessments, training, reporting routes and their response to complaints involving customers, clients or contractors.

The Government also intends to introduce regulations at a later date specifying steps employers must take to prevent sexual harassment.

This is likely to require more than simply updating a policy. Employers should review workplace risks, manager training and reporting procedures to ensure they can demonstrate reasonable preventative action.

Read our full article on preparing for the new sexual harassment duties here.

Continue reading →

Trade union rights

30 October 2026

Measures scheduled for this date include a duty to inform workers of their right to join a trade union, stronger union access rights and additional protections for trade union representatives and employees taking industrial action.

Employers should review worker communications and train managers who may receive access requests or deal with organising activity.

Unfair dismissal

1 January 2027

For dismissals, the qualifying period for ordinary unfair dismissal claims is due to fall from two years to six months and the compensatory award cap is due to be removed.

This makes early performance management and probation reviews more consequential. Employers should set expectations promptly, document concerns and ensure dismissal decisions follow a fair process.

Expected changes in 2027

Fire and rehire

Additional protections are scheduled to restrict dismissing employees and offering re-engagement on changed terms.

Employers considering contractual changes should examine the statutory rules and consultation requirements before beginning a proposed variation exercise.

Guaranteed hours and shift notice

Rights to offers of guaranteed hours reflecting regular working patterns, reasonable notice of shifts and payments for certain short-notice changes are expected.

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The Government says it will update the timing following consultation.

Employers using zero or low hours arrangements should start assessing actual working patterns and how shifts and cancellations are recorded.

Agency worker arrangements will require attention to the detailed rules.

Bereavement leave

A new right to bereavement leave, including provision for pregnancy loss, is expected some time in 2027.

Employers should review whether current policies offer consistent support and await the final rules on eligibility, duration and notice before updating statutory entitlement wording.

Continue reading →

Flexible working

Further reforms are expected in 2027. Employers should prepare for greater scrutiny of refusals by ensuring that decision-makers identify the applicable business reason and explain how it applies to the individual request.

The existing day-one right to request flexible working should not be confused with a right to have every request approved.

Pregnancy and maternity protection

Enhanced dismissal protections for pregnant women and new mothers are also expected.

Employers should review how proposed redundancies and dismissals involving these employees are escalated and recorded, while awaiting the detailed regulations.

Collective redundancy thresholds

A further change to the threshold triggering collective consultation is in the works. Employers planning reductions at more than one site should monitor the final rules and assess proposals across the organisation, rather than assuming separate sites can always be considered independently.

Umbrella companies and confidentiality clauses

Regulation of umbrella companies and measures addressing misuse of non-disclosure agreements in workplace harassment or discrimination cases are also expected in 2027.

Businesses using umbrella providers should review payroll responsibilities and supply-chain oversight. Employment contracts, settlement agreements and investigation processes should be reviewed when the final confidentiality rules are available.

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ERA Blueprint Series:
Foundations for the reforms ahead

Looking for a broader overview of the Employment Rights Act? Watch our webinar for a practical introduction to the reforms and what they mean for employers.

WATCH NOW

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Minimum wage: employers publicly named

A separate recent announcement highlights the continuing enforcement of existing minimum wage law.

In the September 2026 naming round, 658 employers were reported to have underpaid more than 27,000 workers.

Approximately £4 million was repaid, with penalties totalling approximately £7 million.

This is an enforcement development, rather than a new minimum wage obligation under the Employment Rights Act.

The practical lesson is that a compliant headline hourly rate does not guarantee compliant pay.

Employers should audit:

Deductions and salary sacrifice arrangements
Required uniforms or equipment
Time spent preparing for work, attending training or completing handovers
Rate changes following birthdays or the annual uprating

Payroll and HR teams should investigate and correct any identified shortfalls promptly.

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From 1 December 2025, the statutory Acas Early Conciliation (EC) period doubled from six to 12 weeks.

The change was intended to reduce pressure on Acas and the Employment Tribunal system by allowing more time to resolve disputes before litigation. But six months on, the data suggests that, while the intentions were good, the wider pressures on the system remain evident.

Demand for Early Conciliation remains high

Acas data shows a continuing increase in demand for EC:

Early Conciliation notifications have continued to rise, with monthly receipts increasing by around 40% between 2023 and late 2025.

Between April 2025 and February 2026, over 135,000 notifications were received.
However, on a positive note, EC still resolves a significant proportion of disputes, with around two thirds of cases not progressing to tribunal.
Early Conciliation remains a critical filter in the system. But the number and complexity of cases continue to increase, and there is still significant pressure on Acas resources.

Tribunal claims and backlogs continue to grow

Despite the extended conciliation window, tribunal workloads have increased further:

Single claims have risen sharply, reaching 11,857 claims in Q4 2025/26, up 58% year on year.

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Early Conciliation and the tribunal backlog

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The outstanding caseload is still growing, with backlogs exceeding 60,000 single claims in 2026.
Research also indicates over 65,000 open cases by December 2025, the highest level since 2017.
Crucially, claims continue to outpace disposals, meaning the backlog is still increasing rather than reducing.

Delays remain significant

The practical impact for employers is ongoing delay:

Average tribunal resolution times have increased to around 31 weeks, up from 19 weeks the previous year.

Continue reading →

Even straightforward cases, such as ordinary unfair dismissal, now take 12 to 18 months to reach a final hearing.
Complex cases are taking considerably longer. In some regions, hearings are being listed years in advance, with several instances of cases logged in early 2026 being scheduled for final hearings in 2030.

Has the 12-week extension made a difference?

The extension has provided more time for meaningful engagement in some cases, particularly where delays in appointing conciliators previously limited effective negotiation.

Moorepay has noted that the issue seen in November and December 2025, when respondents were being notified of EC after the certificate had been issued, has not occurred so far in 2026.

However, six months on, there is little evidence that the extension has reduced pressure on the system overall. The core issue remains capacity, due to:

Rising claim volumes
Increased case complexity, especially discrimination and whistleblowing claims
Ongoing shortages of judicial resource

What does this mean for employers?

The extended EC period is a mixed picture:

Opportunities: more time to settle disputes early and avoid tribunal.
Risks: longer periods of uncertainty, with claims potentially taking months to emerge and years to conclude.

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The key practical takeaway is unchanged: early engagement remains critical. Addressing issues at grievance stage and engaging constructively during Early Conciliation is still the most effective way to reduce cost, disruption and risk.

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Single-sex space guidance updates

Following the Supreme Court’s For Women Scotland decision in April 2025, questions have continued about what the ruling means in practice for workplace facilities and wider employment issues.

The ruling confirmed that, for Equality Act 2010 purposes, ‘sex’ means biological sex. This means a person’s legal sex under the Equality Act is the sex recorded at birth, even if they hold a Gender Recognition Certificate.

However, the ruling didn’t directly decide how workplace facilities should be managed day to day. This has left employers balancing legal obligations with the rights, privacy, dignity and safety of all employees.

A quick recap

The EHRC’s initial update placed particular emphasis on single-sex toilets, changing rooms and washing facilities. This prompted questions and legal challenges, as the Supreme Court ruling did not directly address workplace facilities.

The EHRC later revised its position and restated the existing legal framework under the Workplace (Health, Safety and Welfare) Regulations 1992. In summary:

Employers must provide separate facilities for men and women, unless each facility is a self-contained, lockable, single-user room.
Where lawful single-sex facilities are provided, the EHRC says these should operate on the basis of biological sex.

Employers should not leave trans employees without access to suitable facilities and should consider mixed-sex or self-contained options where possible.

What's changed since?

Since then, several tribunal cases have considered workplace facilities and trans employees, including Sandie Peggie v NHS Fife.

The outcomes have varied and remain highly fact-specific. In some cases, employers have been criticised for failing to respond appropriately when concerns were raised. In others, tribunals have not found that a trans-inclusive approach was automatically unlawful.

Continue reading →

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This reinforces that there is no absolute rule. Employers need to consider the specific facts, the nature of their facilities, any concerns raised and the impact on everyone involved.

What about the new EHRC Code?

A new draft EHRC Code of Practice was laid before Parliament on 21 May 2026.

While it provides some assistance in relation to single-sex spaces, it applies to services, public functions and associations, rather than employment. It is also not yet in force, as it is still awaiting the 40-day parliamentary scrutiny period.

We’re still waiting for the specific Employment Code of Practice, which is expected “in due course”.

What does this mean for employers?

For now, the position remains complex, with further clarification still needed through case law, legislation and statutory guidance. Employers should avoid blanket assumptions or knee-jerk changes. Instead, they should review their current facilities, policies and any concerns raised by employees carefully.

That means considering whether suitable single-sex and mixed-sex or self-contained options are available, and making sure managers know how to respond if concerns are raised.

Until further guidance is available, employers should continue to take a careful and balanced approach, ensuring they meet legal obligations while respecting the rights, safety and dignity of all employees in an area where even experts remain uncertain.

Recent reforms are reshaping how employers need to think about discrimination, harassment, whistleblowing and confidentiality.

Since 6 April 2026, sexual harassment has been expressly recognised as a protected disclosure, and further change is still to come, with new restrictions on the use of NDAs in harassment and discrimination cases expected in 2027, subject to consultation.

Why does this matter?

Recent legislative reforms significantly change how employers must manage harassment complaints, whistleblowing risk and confidentiality. What we’re seeing is a stronger push towards transparency, greater protection for workers, and tighter limits on the role confidentiality clauses can play.

NDA restrictions

Once in force, confidentiality clauses will be unenforceable where they seek to prevent workers from speaking about discrimination or harassment, or about how their employer responded.

This applies to settlement agreements, non-derogatory clauses and confidentiality provisions in contracts. The restriction also extends to third-party harassment.

Are NDAs being banned completely?

No. Confidentiality will remain permissible where it protects legitimate business interests. In limited cases, NDAs may still be used through 'excepted agreements', provided strict conditions are met, including independent legal advice and informed consent from the worker.

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Discrimination and harassment reforms

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Sexual harassment as a protected disclosure

From 6 April 2026, sexual harassment is expressly recognised as a protected disclosure. This increases the likelihood of harassment complaints being framed as whistleblowing concerns and raises the risk of interim relief applications.

Employers should anticipate increased whistleblowing claims, reduced confidentiality protection in settlements, and greater scrutiny of investigations and decision-making.

Recommended actions now

HR teams should review NDA practices, align harassment and whistleblowing policies, train managers, and prioritise early intervention and robust investigations.

Menopause support has been moving steadily up the HR agenda, and the Employment Rights Act 2025 has brought fresh attention to what employers may soon be expected to do.

You may have read that the Act requires businesses to have a “menopause policy”, but the headlines aren’t quite right.

Current position

From 6 April 2026, voluntary publication of a menopause plan was open to employers of all sizes.
From sometime in 2027, subject to regulations, a mandatory duty will only apply to employers with 250 or more employees.

When the duty takes effect, employers are expected to choose from a list of recommended actions, with at least one on the gender pay gap and at least one on menopause.

Options include manager training, occupational health advice, support groups, workplace adjustments, risk assessments and policy reviews.

Any employer breaching the duty could be publicly named.

The risk that already exists

Regardless of size, current equality law already protects menopausal employees. Menopause is not a standalone protected characteristic, but depending on symptoms, it can constitute a disability.

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Menopause at work: why act now?

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There is also additional protection under age and sex discrimination law. Where symptoms amount to a disability, employers have a duty to make reasonable adjustments.

Tribunal decisions in these areas are consistent, and claimants have succeeded where an employer failed to investigate, failed to make adjustments, or ran a performance or absence process without accounting for menopausal symptoms.

In one widely reported case, an employee experiencing brain fog and concentration difficulties was placed on performance management, denied a pay rise and had her sick pay stopped early, resulting in a £64,000 award.

Continue reading →

How big is the issue?

The average age of menopause in the UK is 51, meaning it affects women at the peak of their careers.

Around 8 in 10 women experience perimenopausal symptoms, with roughly a quarter experiencing them severely.

The effects that most disrupt work are often the less visible ones: brain fog, poor concentration, disturbed sleep, low mood and anxiety.

The CIPD found that 67% of working women aged 40 to 60 said symptoms had a mostly negative effect at work.

Research by the Fawcett Society found that one in ten women who worked through the menopause left a job because of their symptoms, and around 80% said their employer had no support in place.

Who is leading the way?

A growing number of employers are treating this as a serious workplace issue rather than a box-ticking exercise.

HSBC UK, first direct and M&S Bank were among the UK’s first organisations to gain Menopause Friendly Accreditation, with dedicated training, wellbeing hubs and even uniform redesigns in breathable fabrics.

Channel 4 launched the UK media industry’s first dedicated menopause policy back in 2019. BAE Systems was named Menopause Friendly Employer of the Year in 2024.

What these organisations share is that they built a package of support, including training managers, making practical adjustments and talking openly, rather than relying on a policy document sitting unread on an intranet.

Menopause support in action

HSBC UK, first direct and M&S Bank: Menopause Friendly Accreditation
Channel 4: Dedicated menopause policy
BAE Systems: Menopause Friendly Employer of the Year

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The business case: what can employers do now?

Supporting menopausal employees is not only about avoiding tribunals, but also an important retention and productivity decision.

Government research in 2025 estimated a cost to the UK economy of around £1.5 billion a year from women leaving work because of menopause.

Continue reading →

Losing women at the peak of their experience means losing institutional knowledge, leadership pipeline and the cost of replacing them.

If you have 250 or more employees, treat the equality action plan as a “when”, not an “if”. Publishing voluntarily now puts you ahead of the 2027 requirement.
If you have fewer than 250 employees, the action plan duty will not apply, but your equality obligations do.

Either way, as a best-practice approach, train managers to recognise and respond to symptoms, make reasonable adjustments where possible, factor symptoms into performance and absence processes, and build a culture where employees feel able to raise the subject.

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The Government has launched a consultation on proposed reforms to zero-hours and low-hours contracts.

The proposals form part of the wider changes under the Employment Rights Act 2025.

The consultation seeks views on how these new rights will operate in practice ahead of anticipated implementation in 2027, and closes on 25 August 2026.

These reforms are intended to address what the Government describes as “one-sided flexibility”, where employers retain control over working patterns while workers experience uncertainty over hours and income.

1. Right to guaranteed hours

Employers will be required to offer a contract reflecting the hours a worker has regularly worked over a defined reference period. This will apply to those on zero-hours contracts and to “low-hours” workers whose guaranteed hours fall below a specified threshold.

2. Right to reasonable notice of shifts

Workers must be given appropriate advance notice of their shifts, improving predictability and enabling better work-life balance.

3. Compensation for short-notice changes

Where shifts are cancelled, moved or reduced at short notice, workers may be entitled to compensation.

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Government consultation on zero-hours contracts

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What is still to be decided?

The Government has indicated a preference for the “low-hours” threshold to sit somewhere between 8 and 20 hours per week, but the final threshold has not yet been set.

The reference period is also still to be confirmed, although this is expected to be around 12 weeks. Employers may also need to reassess eligibility regularly and make repeated offers where workers continue to meet the criteria, but the frequency of this obligation is not yet clear.

Further detail is also needed on scope and exemptions, including which roles, sectors or temporary arrangements may be excluded.

Continue reading →

Agency workers are expected to be included, with responsibility for offering guaranteed hours likely to fall on the hiring business in many cases.

What does this mean for employers?

Although zero-hours contracts are not being banned, these proposals represent a significant move in how they can be used.

Employers who rely on flexible or variable-hours arrangements should expect an increase in administration, with the need to track hours worked and review eligibility on an ongoing basis.

There may also be financial implications, particularly where compensation becomes payable for short-notice changes to shifts.

In practice, the reforms are likely to encourage a move towards more structured and predictable working arrangements for those who regularly work consistent hours.

What should employers do now?

Review their current use of zero-hours and low-hours contracts
Identify workers who regularly work consistent patterns
Ensure they have adequate scheduling practices and notice periods
Review whether their systems are fit for purpose when monitoring hours worked

Final thoughts

These reforms reflect a broader shift towards balancing flexibility with greater security for workers.

While flexibility will remain, employers will need to ensure their practices provide predictability and fairness. Preparing now will help organisations adapt more smoothly ahead of expected implementation in 2027.

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