FAQs - August 2026

Last reviewed: 18.08.2026

  1. What changes will come into effect over the next few months under the Employment Rights Act?

  2. Can we feed in our views to Government on consultations that are currently “live”? 

  3. Can we expect further guidance on ethnicity and disability reporting requirements?

  4. Can Make UK provide us with a template probationary policy and can you support us with unfair dismissal related issues?

  5. When will the updated Employer’s Guide to Right to Work Checks come into force?

Q&As

1. What changes will come into effect over the next few months under the Employment Rights Act?

Various changes are due to take effect under the Employment Rights Act over the next few months.

According to the Government’s updated implementation timeline, the new Code of Practice on electronic and workplace balloting for statutory trade union ballots and related legislation are expected to come into force from 25 August 2026 (as explored in our ⁣HR and Employment Law FAQs July 2026).

The time limit for bringing a claim in the Employment Tribunal is expected to increase from three to six months from 1 October 2026. For breach of employment contract claims in Scotland, this change will take place on 9 November 2026. (See Employment Tribunal Time Limits: Spotlight for further details.)

Various trade union measures are expected to take effect from 30 October 2026, including:

  • the duty to inform workers of their right to join a trade union;
     
  • strengthened trade unions’ right of access (see our recent article focusing on this significant development);
     
  • reforms to access and unfair practices during the recognition and derecognition process;
     
  • new rights and protections for trade union representatives; and
     
  • extended protections against detriments for taking industrial action (see our ⁣HR and Employment Law FAQs July 2026).

Certain harassment measures are also expected to take effect from 30 October, including:

  • the requirement on employers to take ‘all reasonable steps’ to prevent sexual harassment of their employees;
     
  • a new obligation on employers not to permit the harassment of their employees by third parties; and
     
  • a power enabling the Government to make regulations in the future specifying evidence-based steps which employers must take to prevent sexual harassment (this will complement not replace the broader legislative requirement to take all reasonable steps).

Note too that Acas has published a Code of Practice on time off for trade union duties and activities, which is expected to take effect on 30 October 2026. It has also updated its guidance on probation periods, ahead of changes to the qualifying period for unfair dismissal on 1 January 2027.

We will be exploring the key changes under the Employment Rights Act at our Employment Law Updates. To book your place, click here.

You can also read more about the key reforms under the Employment Rights Act in our Knowledge Base (for example, see Trade Unions/Industrial Action: Spotlight and Harassment: Spotlight).

If you are a Make UK subscriber, you can speak to your regular adviser for guidance and access information our HR & Legal Resources.

Our HR consultancy team also have a wealth of experience in this area.

If you are not a Make UK subscriber, you can contact us for further support. Please click here for information on how we can help your business.

2. Can we feed in our views to Government on consultations that are currently “live”?

Yes, our Policy Team is preparing to submit responses to the following consultations and is keen to hear your views on the Government’s proposals. If you would like to contribute, please email our Policy Team:

  • Consultation on employment rights for unpaid carers and parents of seriously ill children. This consultation seeks views on the employment rights available to people with unpaid caring responsibilities and parents who have a seriously ill child. Approaches under consideration include: extending unpaid carer’s leave; introducing a ‘right to return’ following a longer period of carer’s leave; creating a new short period of paid carer’s leave; and providing paid leave for parents and caregivers following diagnosis of a child’s serious illness. This consultation will close on 1 September, so please send any comments to our Policy Team by 26 August.
     
  • Consultation on time off for public duties. This consultation seeks views on which public duties should be eligible for time off, proposed additions and removals to the current list of public duties, and how the entitlement works in practice. This consultation will close on 4 September, so please send any comments to our Policy Team by 28 August.
     
  • Consultation on holiday pay compliance and enforcement. This consultation seeks views on the Government’s proposed approach to holiday pay compliance and enforcement by the Fair Work Agency (FWA) from 2027. The Government is keen to hear views on certain important features such as: the time limit for holiday pay claims; penalty settings for holiday pay civil penalties; targeting interventions towards lower-paid workers; rolled-up holiday pay usage; and what support and guidance the FWA can provide to support compliance.
     
  • Consultation on workplace monitoring technologies. This consultation seeks views on the Government’s proposals to support the fair, transparent and responsible use of “workplace monitoring technologies”/surveillance technologies to monitor, manage or make decisions relating to workers.
     
  • Consultation on equal pay and pay discrimination. This invites insights on the Government’s proposals to make the right to equal pay effective for ethnic minority and disabled people, establishing an equal pay regulation and enforcement unit with the involvement of trade unions and ensuring that outsourcing of services can no longer be used by employers to avoid paying equal pay.

A full list of the Government’s consultations can be found here.

Note too that Acas has launched a consultation on its recently published draft Code of Practice on Disciplinary and Grievance Procedures (its first full rewrite since 2009). This consultation will close on 23 September 2026.
 

3. Can we expect further guidance on ethnicity and disability reporting requirements?

Yes, in its response to the consultation on mandatory ethnicity and disability pay gap reporting (which we explored in our HR and Employment Law FAQs May 2026) the Government stated that it will develop supporting regulations setting out the detailed ethnicity and disability reporting requirements, as well as guidance and practical tools to support employers with the new reporting requirements. The guidance and practical tools will include: 

  • detailed step-by-step guidance for employers on collecting ethnicity and disability data and calculating their pay gap;
     
  • guidance on how to improve employee declaration rates; and
     
  • advice on actions to address ethnicity and disability pay gaps.

Although it is likely to be some time before these new measures come into force, employers should start taking preparatory steps now to minimise the potential risks that could arise from these changes. In particular, now is a good time to review your HR and payroll systems to ensure they can collect the necessary ethnicity, disability and pay-related data. You should also review your information storage policies to ensure they comply with the GDPR requirements for special category personal data. You may need to encourage members of your workforce to voluntarily disclose the data you require for these purposes, which will require you to consider carefully how best to prepare relevant internal communications. 

You can read about reforms under the Employment Rights Act in our Knowledge Base (including our Action on Equality: Spotlight).
 

4. Can Make UK provide us with a template probationary policy and can you support us with unfair dismissal related issues?

Yes, Make UK is on hand to support you preparing for all the changes under the Employment Rights Act, including the unfair dismissal reforms which will reduce the qualifying period for an ordinary unfair dismissal claim to six months from 1 January 2027. 

We will be exploring the key reforms under the Act – including the unfair dismissal changes - at our Employment Law Updates. To book your place, click here.

If you are a Make UK subscriber, you can access detailed HR and employment law guidance and template policies - including a template probationary period policy - in our HR & Legal Resources section, which we are maintaining as changes under the Employment Rights Act come into force. You can also speak with your adviser if you have any queries. And if you need hands-on support with any projects as you prepare for the changes, our HR and legal consultants can work with you to get the right steps in place and stay compliant. We can support with the following:

  • Recruitment process review: Reviewing your recruitment and pre-employment processes to help you make better hiring decisions and reduce the risk of early-stage dismissal claims.
     
  • Contract and probationary clause review: Strengthening template contracts and probationary clauses so they are clear, robust and aligned with the new six-month qualifying period. 
     
  • Probationary period design and use: Helping you review or introduce probationary policies, including length, notice provisions and the appropriate process to follow. Ensuring other policies, such as your performance management policy and disciplinary policy, are aligned with your approach to managing probationary periods. 
     
  • Manager capability and confidence: Supporting managers to actively manage performance and conduct during probation and early employment, delivered through one-to-one coaching with our HR consultants to build fair and robust decision-making or through targeted training such as: 
     
  • Performance and conduct process support: Reviewing and improving performance and conduct procedures so concerns are addressed promptly and fairly within the first six months. 
     
  • Early risk identification: Helping HR teams spot issues sooner and take proportionate action before problems escalate into claims.

If you are not a Make UK subscriber, you can contact us for further support. Please click here for information on how we can help your business.
 

5. When will the updated Employer’s Guide to Right to Work Checks come into force?

The draft Employer’s Guide to Right to Work Checks, which the Government published on 16 July 2026, is expected to come into force on 1 October 2026. In addition, the Government recently published a draft Code of Practice on preventing illegal working and draft Code of Practice on avoiding unlawful discrimination while preventing illegal working which are expected to take effect on 1 October.

Briefly summarised, the Border Security, Asylum and Immigration Act 2025 expands the scope of the illegal working regime beyond traditional employment relationships to a wider range of working arrangements. The new guidance places significant additional liabilities on employers, particularly with respect to non-direct contractual relationships, such as contractor arrangements and complex labour supply chains. It includes updated information regarding the evidence that is acceptable for certain right to work checks, and new requirements relating to digital identity verification providers.

These are significant developments in UK immigration compliance, which mean that now is a good time to review your recruitment, procurement and contractor engagement processes. It is vital that relevant staff within your organisation are properly trained to carry out compliant right to work checks.

If you are a Make UK subscriber, your regular adviser can signpost you to suitable immigration advice. If you are not a Make UK subscriber, our expert HR and legal advisors can offer guidance on a consultancy basis. For further information, click here.