FAQs - February 2026

Last reviewed: 17.02.2026

  1. What changes has the Government made to its Employment Rights Act implementation timetable?

  2. When will changes to unfair dismissal under the Employment Rights Act come into force?

  3. How can we contribute to Make UK’s responses to the latest Government consultations about the Employment Rights Act?

  4. Where can we find out about Make UK’s Audit and Impact Assessment?

  5. What will the Equality (Race and Disability) Bill cover and when will it be published?

Q&As


1. What changes has the Government made to its Employment Rights Act implementation timetable?  

On 3 February 2026, the Government announced revisions to some of the implementation dates which were set out in its original Employment Rights Act roadmap. The revised timeline is here and we have updated our Employment Rights Act Roadmap to reflect the revisions. The key changes to note are as follows:

•    The Government has delayed the expected implementation of new fire and rehire protections to January 2027 (from October 2026).  

•    E-balloting and workplace balloting for statutory ballots will be introduced in August 2026 (instead of April 2026).  E-balloting and workplace balloting for recognition and derecognition ballots will follow in 2027.

•    Menopause guidance will be introduced in April 2026.

You can read more about all of the changes under the Employment Rights Act in our Employment Rights Act Knowledge Base, which aims to help you to understand what will be changing under the Employment Rights Act and what you need to do to prepare. It includes our 13-part Spotlight Series focusing on the following core areas of reform: unfair dismissal; fire and rehire; harassment; flexible working; collective redundancy; statutory sick pay; family friendly reforms; trade unions/industrial action; action on equality; zero-hours contracts and shift notices; employment tribunal time limits; non-disclosure agreements; and the Fair Work Agency. 

If you are a Make UK subscriber, you can speak with your adviser if you have any queries about planned changes under the Employment Rights Act. You can also access detailed HR and employment law guidance and template policies in our HR & Legal Resources, which will be maintained as these changes come into force. In addition, our team of employment lawyers is happy to help if you have questions or need advice. 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. 

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


 

2. When will changes to unfair dismissal under the Employment Rights Act come into force?

The Government has confirmed, in both its recently updated unfair dismissal factsheet and its revised implementation timeline that the changes under the Employment Rights Act to the rules on unfair dismissal (i.e. the reduction of the qualifying period from two years’ service to six months, and the removal of the statutory cap on the compensatory award) will take effect from 1 January 2027. It is expected that employees who already have six months’ service as at 1 January 2027 will gain unfair dismissal protection, with others gaining it once they reach six months’ service.

If you work in HR or as a manager, you have an important role to play in preparing your organisation for these reforms. In particular, probationary periods will need to be managed effectively, well in advance of these changes coming into effect. You can read more about the Government’s proposed changes in our Employment Rights Act Knowledge Base (see Unfair Dismissal: Spotlight Series, which includes steps you can take to prepare).

If you are a Make UK subscriber, you can speak with your adviser if you have any queries about planned changes under the Employment Rights Act. 

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


 

3. How can we contribute to Make UK’s responses to the latest Government consultations about the Employment Rights Act?

The Government has recently launched new consultations relating to the Employment Rights Act, to which Make UK’s Policy Team will submit responses over the coming weeks:

•    Consultation on fire and rehire protections. (This consultation seeks views on two types of ‘restricted variations’ in relation to proposed fire and rehire protections: employment expenses and benefits; and shift patterns.)

•    Consultation on a revised recognition code of practice and e-balloting unfair practices. (This consultation seeks views on: a new code in relation to access and unfair practices during a recognition or derecognition process; and proposals to legislate for new unfair practices to prevent interference in electronic recognition and derecognition ballots.)

•    Consultation on improving access to flexible working. (This consultation seeks views on a proposed new process for employers consulting with employees if they are minded to reject a flexible working request.)

•    Consultation on modernising the agency worker regulatory framework. (This consultation seeks views on various issues relating to the temporary labour market including whether any changes should be made to the Agency Workers Regulations 2010.)

We are keen to hear your views on the Government’s proposals. If you would like to contribute, please email our Policy Team by 23 March 2026.

You can read about changes under the Employment Rights Act in our Employment Rights Act Knowledge Base (which includes our Spotlight Series). 

If you are a Make UK subscriber, you can speak with your adviser if you have any queries about planned changes under the Employment Rights Act. You can also access detailed HR and employment law guidance and template policies in our HR & Legal Resources section, which will be maintained as changes under the Employment Rights Act come into force. 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. 

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.
 
 

4. Where can we find out about Make UK’s Audit and Impact Assessment?

Our Audit and Impact Assessment is a bespoke audit which will help you to identify the level of potential risk in relation to each relevant legal change under the Employment Rights Act and provide recommended actions with a timeline to keep you compliant. 

Our HR and legal consultants would be happy to provide you with further information about this assessment (including reduced rates for Make UK subscribers). To find out more, see here.


 

5. What will the Equality (Race and Disability) Bill cover and when will it be published?

The Equality (Race and Disability) Bill is expected to introduce various measures aimed at making it easier for disabled people and ethnic minorities to bring equal pay claims. It is also expected to introduce mandatory ethnicity and disability pay reporting for employers with 250 or more employees, with a view to closing ethnicity and disability pay gaps (much like the current rules on gender pay gap reporting seek to help close the gender pay gap).

In Spring 2025, the Government undertook a consultation on mandatory ethnicity and disability pay gap reporting (and sought views via a call for evidence) to which Make UK submitted responses. We are waiting for the Government to publish its response to the consultation.

The Government has indicated that a draft of the new Bill may be published in 2026, although we expect it to be some time before these new measures come into force.

If you are a Make UK subscriber, you can speak to your regular adviser for guidance on pay related matters and/or other proposed changes relating to the Government’s plans to ‘Make Work Pay’. 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.