The Government published a further update to its implementation timetable for the Employment Rights Act 2025 on 25 August 2026. Separately, on 10 September 2026 the Government announced a shift in how it will approach consultations, which may affect the pace at which a number of outstanding measures are finalised.
This update sets out where matters now stand for England and Wales.
What the 25 August update confirms
The core commencement dates for England and Wales employers are unchanged, but the update fills in detail and adds several measures not confirmed before now.
- 25 August 2026 (in force): electronic and workplace balloting is now available for statutory trade union ballots.
- 1 October 2026: the employment tribunal time limit for most claims doubles from three to six months. (The equivalent change for breach of contract claims in Scotland takes effect on 9 November 2026 and does not apply in England and Wales.)
- 30 October 2026: alongside the strengthened sexual harassment duty and third-party harassment liability, the Government has now confirmed this date also brings the remaining trade union recognition and derecognition measures, including freezing the bargaining unit once an application is received, and new rights and protections for trade union representatives.
- October 2026 (also): two further measures not previously flagged — regulations establishing the Fair Pay Agreement Adult Social Care Negotiating Body in England, and reinstatement of the two-tier procurement code covering outsourced public sector staff.
- December 2026: new Seafarer Protection Regulations, of limited relevance to most employers but confirmed for the first time.
- End of 2026: tipping law is to be strengthened, with no firm date yet given.
- 1 January 2027: the unfair dismissal qualifying period drops to six months and the compensatory award cap is abolished; fire and rehire protections also commence.
- 2027 (unscheduled within the year): the Government has, for the first time, explicitly grouped umbrella company regulation and extended blacklisting protections alongside the other 2027 measures — guaranteed hours, flexible working, bereavement leave, mandatory equality action plans and the NDA restrictions.
Consultations: a change of approach
On 10 September 2026 the Government announced it will strip out what it called ‘box-ticking’ consultations to speed up delivery, following a review that identified around 7,000 consultation duties across the statute book. A new vision for public participation is promised in the autumn.
This is a general, cross-government announcement rather than an employment-specific one, but it is directly relevant to the measures still sitting behind an open or closed consultation: guaranteed hours (consultation closed 25 August 2026), non-disclosure agreements (closed 8 July 2026, response still awaited) and flexible working (closed 30 April 2026, response still awaited). Employers should not assume these will move faster as a result, but should be alert to responses landing with less notice than the pattern so far in 2026 might suggest.
What to do now
- Update your internal tracker to reflect the confirmed detail behind the 30 October measures, particularly if you engage with trade union recognition.
- Note the two new October 2026 items if you are a social care provider in England or hold outsourced public sector contracts.
- Keep your January 2027 diary actions in place — probation timetables, document retention, and settlement agreement review — as nothing here affects them.
- Watch for the guaranteed hours, NDA and flexible working responses, which may now be published with shorter lead-in times.
How we can help
We track each commencement date against your contracts and policies and flag what needs to change. If you would like an update against the revised timetable, please get in touch.
This article is general information about the law of England and Wales as at 10 September 2026. It is not legal advice and should not be relied upon as such. Commencement dates described as Government intention may change. Please take advice on your specific circumstances.