The Employment Rights Act represents one of the most significant changes to UK employment law in a generation. The Act introduces wide-ranging reforms designed to strengthen workplace rights and protections, while placing new responsibilities on employers across areas including unfair dismissal, family-related leave, statutory sick pay, sexual harassment prevention, trade union rights, redundancy consultation and enforcement.

The changes are being introduced in stages, with key reforms taking effect throughout 2026 and 2027. For employers, this means reviewing existing policies, updating processes, preparing managers and ensuring they can demonstrate that they are taking appropriate action. Many organisations are now asking what the changes mean in practice: Which employees will be affected? What needs to change in contracts and policies? How can employers prove they have taken the right steps?

During our recent Employment Rights Act webinar, attendees submitted a wide range of questions about how these reforms will impact their organisations. This FAQ brings together those questions and provides clear answers on the issues employers are currently preparing for.

Note: To make it easier to find the information you need, the questions have been arranged by topic, covering areas including unfair dismissal, probation and performance management, sexual harassment, whistleblowing, family rights, menopause, zero-hours contracts, redundancy, trade unions and practical steps employers should take now.

Unfair dismissal, probation and performance management

1. When does the six-month unfair dismissal qualifying period come into force?

The qualifying period for unfair dismissal will reduce from two years to six months from 1 January 2027.

This means employees will gain unfair dismissal protection much earlier than under the previous rules. Employers will have less time to address performance or conduct concerns before an employee may bring a claim.

The change does not create a day one right to unfair dismissal, but it significantly reduces the period employers have before these protections apply.

2. Does the six-month unfair dismissal rule apply only to employees who join after January 2027?

No. The change is not limited only to people who start employment after the new rules come into force.

The important issue will be whether the employee meets the qualifying requirements when the new rules apply. Employers should therefore review how they manage existing employees as well as new starters.

3. If someone starts employment before 1 January 2027 but is still employed after that date, will they benefit from the changes?

Yes, employees should not assume they are excluded simply because they joined before the change takes effect.

Employers should prepare on the basis that the shorter qualifying period will affect a wider group of employees than just future recruits.

4. Does the Employment Rights Act introduce day one unfair dismissal rights?

No. A day one right to unfair dismissal was considered during the development of the legislation but was not included in the final Act.

The qualifying period has instead been reduced to six months. Employers will still have some time to assess new employees, but much less than under the previous two-year rule.

5. Should employers shorten probation periods because unfair dismissal protection starts after six months?

Not necessarily.

A six-month probation period can still be appropriate, but employers should not treat probation as a period where employment rights do not apply.

The key change is that employers need to manage probation more effectively. This includes setting clear expectations, holding regular reviews, documenting concerns and addressing issues early.

6. Are one-year probation periods unlawful?

No. A one-year probation period is not automatically unlawful.

However, employers should consider whether the length is justified and whether employees have enough clarity about expectations and progression. A longer probation period does not remove other employment protections, including discrimination protections and whistleblowing rights.

7. What impact will the changes have on performance management?

Performance management will become more important because employers will have less time before unfair dismissal protections apply.

Employers should ensure managers understand how to identify concerns early, provide support, hold review meetings and maintain appropriate records.

Waiting until the end of probation to raise concerns may create unnecessary risk.

8. What documentation should employers keep when dismissing an employee for performance reasons?

There is no single required format, but employers should be able to demonstrate that decisions were fair, reasonable and evidence-based.

Useful records may include:

• performance objectives
• review meetings
• feedback provided
• support or training offered
• improvement plans
• notes explaining decisions

The key question is whether an employer could clearly explain the process and reasoning behind the decision if challenged.

9. What happens if an employee goes off sick just before the end of their probation period?

Employers should avoid rushing decisions simply because probation is coming to an end.

Any decision should consider the circumstances, including whether the absence relates to a disability or another protected issue. Employers should follow a fair process and ensure decisions are supported by evidence.

10. How do the unfair dismissal changes affect temporary or fixed-term contracts?

Employees on temporary or fixed-term contracts may also be affected by the changes if they meet the relevant qualifying requirements.

Employers should not assume that ending a temporary contract avoids employment law risks. Decisions around renewal or non-renewal should still be handled fairly and supported by clear reasons.

Sexual harassment and the “all reasonable steps” duty 

11. What does “all reasonable steps” mean for sexual harassment prevention?

From 30 October 2026, employers will need to take “all reasonable steps” to prevent sexual harassment in the workplace. This strengthens the existing duty introduced by the Worker Protection Act, which currently requires employers to take reasonable steps.

There is no fixed checklist of actions that every employer must follow. What counts as reasonable will depend on factors such as the size of the organisation, the nature of the work, the risks employees face and how employees interact with colleagues and third parties.

Employers should be able to demonstrate that they have identified risks, put appropriate measures in place and reviewed whether those measures are effective.

12. Is “all reasonable steps” the same as “reasonably practicable”?

No. These are different legal standards.

Employers are not expected to eliminate every possible risk, but they are expected to take steps that are reasonable in the circumstances. What is considered reasonable will depend on the organisation and the risks involved.

13. Will the government provide guidance on what employers need to do?

Further guidance may help employers understand expectations, but organisations should not wait for guidance before reviewing their approach.

Employers should already be considering their risks, policies, training, reporting channels and workplace culture.

14. Are updated policies, training, reporting channels and risk assessments enough to comply?

These are important elements, but compliance is not about having documents in place alone.

Employers need to consider whether these measures are effective in practice. For example:

• Do employees understand how to report concerns?
• Do managers know how to respond?
• Are risks being reviewed regularly?
• Are concerns investigated properly?

15. Are online sexual harassment courses enough?

Training is an important part of prevention, but training alone is unlikely to be enough.

Employers should combine training with effective policies, reporting routes, risk assessments and evidence that concerns are acted upon.

The strongest position for employers is being able to show that prevention measures are active and embedded, rather than simply completed once.

16. If employees do not complete sexual harassment training despite being given access, is that still a reasonable step?

Providing training is important, but employers should also consider how they encourage completion.

This could include monitoring completion rates, following up with employees, ensuring managers support participation and identifying whether certain teams or groups require additional attention.

17. How should employers prevent sexual harassment by customers, clients or other third parties?

Employers should consider where employees interact with third parties and whether those situations create foreseeable risks.

Steps may include:

• Clear policies stating third-party harassment will not be tolerated
• Training employees and managers on responding to incidents
• Contractual expectations for clients and suppliers
• Escalation procedures
• Security measures in higher-risk environments

The right approach will depend on the organisation and the nature of the work.

18. Does third-party harassment include patients, customers, donors, sponsors or members of the public?

Potentially, yes.

The changes are particularly relevant for organisations where employees regularly interact with people outside the organisation, including public-facing roles.

Employers should consider all environments where employees may be exposed to inappropriate behaviour, including workplaces, events and external meetings.

19. How should employers deal with harassment at work events or social events?

Employers should consider whether work-related events create foreseeable risks.

This may include setting expectations around behaviour, ensuring employees know how to report concerns and ensuring managers understand their responsibilities at events outside the usual workplace.

20. How should remote organisations approach sexual harassment prevention?

Remote working does not remove the need for prevention measures.

Employers should consider risks linked to online communication, virtual meetings, messaging platforms and inappropriate digital behaviour.

Policies and training should reflect how employees actually interact, not just traditional office environments.

Whistleblowing and reporting concerns

21. How do sexual harassment complaints interact with whistleblowing protections?

Since April 2026, disclosures relating to sexual harassment can fall within whistleblowing protections.

This means that if an employee raises concerns about sexual harassment, employers need to consider both their harassment procedures and their whistleblowing obligations. A failure to handle concerns appropriately could create additional risks.

22. If a sexual harassment complaint was raised before April 2026, would it still receive whistleblowing protection?

The new protection applies from April 2026 onwards.

Whether an earlier complaint is protected will depend on the circumstances, including when the disclosure was made and whether it meets the requirements for whistleblowing protection.

Employers should take care when handling any historic or ongoing complaints and consider whether whistleblowing protections may apply.

23. How protected are whistleblowers from retaliation by HR or managers?

Workers who make protected disclosures have legal protections against being subjected to detriment because they raised concerns.

Employers should ensure managers understand that negative treatment following a whistleblowing concern can create significant legal risk.

A strong whistleblowing culture relies on employees being able to raise concerns without fear of retaliation.

24. Should harassment and whistleblowing procedures be combined?

They do not necessarily need to be one single policy, but they should work together.

Employees should understand where to report concerns, and organisations should have processes for recognising when a harassment complaint may also involve whistleblowing protections.

Bereavement leave, family rights and day one protections

25. Which employment rights have become day one rights?

The Employment Rights Act introduces several protections that no longer require employees to build up qualifying service.

These include:

• statutory sick pay from day one of sickness
• paternity leave from day one
• unpaid parental leave from day one
• bereavement leave rights

Employers should review contracts, policies and manager guidance to reflect these changes.

26. Can employers ask employees for evidence when they request bereavement leave?

Employers may be able to request reasonable evidence in some circumstances, but this should be approached carefully.

Bereavement is a sensitive area, and processes should not create unnecessary barriers for employees accessing support.

Clear policies can help explain when information may be needed while still allowing managers to respond with compassion.

27. How should employers handle employees who remain off work after bereavement leave?

Employees may experience grief differently, and some may need additional support after their initial leave.

If an employee becomes unwell following bereavement, employers should manage this appropriately through their normal sickness absence processes, while recognising the circumstances and maintaining supportive communication.

Managers should avoid making assumptions about how someone “should” recover from a loss.

28. Does the Employment Rights Act increase statutory maternity pay or maternity leave?

No. The Act does not increase statutory maternity pay or extend the existing 52-week maternity leave entitlement.

The government is separately considering wider reforms relating to parental leave and stronger protections for pregnant employees and new mothers.

29. Do pregnancy and maternity protections apply to employees on temporary contracts?

Employees on temporary or fixed-term contracts can still have pregnancy and maternity protections.

Employers should ensure decisions about contract renewal, dismissal or changes to employment are not influenced by pregnancy or maternity-related factors.

Menopause and workplace support

30. Do organisations with fewer than 250 employees need a menopause action plan?

The mandatory menopause action plan requirement applies to employers with more than 250 employees.

However, smaller organisations should still consider how they support employees experiencing menopause-related challenges.

This may include manager training, workplace adjustments and ensuring employees feel able to raise concerns.

31. What should a menopause action plan include?

A menopause action plan should be more than a statement of intent.

Employers should consider including:

• Who is responsible for the plan
• How employees can access support
• How managers will be trained
• What workplace adjustments may be available
• How progress will be reviewed

The purpose is to show that the organisation understands the issue and is taking meaningful action.

32. Can employees request workplace adjustments for menopause?

Yes. Depending on the circumstances, employees experiencing menopause-related difficulties may request workplace support or adjustments.

Employers should approach these conversations in the same way as other health-related workplace discussions, focusing on what support may help the employee perform their role effectively.

Zero-hours contracts and agency workers

33. Are the guaranteed hours changes for zero-hours workers final?

Not yet.

The Employment Rights Act introduces new rights around guaranteed hours, reasonable notice of shifts and compensation for cancelled shifts, but the government is still consulting on the detailed regulations.

Employers should monitor further guidance and begin reviewing their use of variable-hours and agency workers.

34. What should employers do now while waiting for the zero-hours regulations?

Employers should review:

• How they use zero-hours contracts
• Their agency worker arrangements
• How shifts are allocated
• How cancellations are handled
• Whether their workforce planning relies heavily on variable hours

Understanding where risks exist now will make it easier to adapt when final rules are published.

35. How will the changes affect sick pay for zero-hours workers?

The Employment Rights Act changes statutory sick pay by removing the lower earnings limit and making it payable from the first day of sickness.

The exact impact on different types of workers will depend on their earnings and working arrangements.

Employers should review payroll processes to ensure eligible workers receive the correct entitlement.

Redundancy, TUPE and trade unions

36. How are redundancy consultation rules changing?

The Act changes how collective redundancy consultation thresholds are calculated.

Previously, employers could consider redundancies at the level of individual establishments. The change means redundancies will need to be considered across the organisation as a whole.

This may make it more likely that larger employers reach the threshold requiring collective consultation.

37. How does this affect organisations with multiple legal entities?

Organisations with multiple entities will need to carefully consider how the rules apply to their structure.

Employers should review how they track potential redundancies across the wider organisation and avoid treating separate sites or business units in isolation where the law requires a broader assessment.

38. What changes are being made to trade union rights?

The Act strengthens trade union rights in several areas, including workplace access and recognition processes.

Employers should understand the changes even if they do not currently recognise a trade union, as employees may still have rights to engage with union representatives.

39. What do the trade union changes mean for employers without recognised unions?

Employers without recognised unions are not exempt from the changes.

They should ensure managers understand employee rights around union activity and avoid actions that could discourage lawful participation.

Technology, AI and workplace monitoring

40. How will workplace surveillance rules affect employers?

The Employment Rights Act includes proposals around workplace surveillance and how employers use technology to monitor staff.

This includes areas such as CCTV, productivity monitoring software and other tracking tools.

While some changes remain subject to consultation, employers should already consider whether monitoring is necessary, proportionate and transparent. Employees should understand what is being monitored, why it is being monitored and how information is used.

41. Can employers use CCTV or technology as evidence in workplace decisions?

Technology can provide evidence, but employers should consider how it is being used and whether the monitoring was justified.

Employers should ensure they comply with data protection obligations and that monitoring is proportionate to the purpose.

Using technology as a replacement for fair processes could create additional risks.

42. What about newer technology such as smart glasses or AI tools in the workplace?

Employers should consider the same principles that apply to other workplace technologies.

Before introducing new tools, organisations should consider:

• Why the technology is needed
• What information it collects
• Whether employees understand how it is used
• Whether privacy risks have been assessed

The more intrusive the technology, the stronger the justification employers are likely to need.

43. Can HR teams use AI tools to create policies, templates and documents?

AI tools may assist HR teams with drafting and administrative tasks, but organisations should ensure appropriate safeguards are in place.

Employers should consider:

• Whether confidential employee information is being entered into tools
• Whether outputs are reviewed by a human
• Whether documents accurately reflect current law and company policy
• Whether the organisation has clear guidance on acceptable AI use

AI should support decision-making, not replace appropriate human judgement.

Contracts, policies and preparation

44. Do employers need to update employment contracts because of the Employment Rights Act?

Employers should review contracts and related documents to identify where changes may be needed.

Areas to consider include:

• sick pay provisions
• family leave policies
• probation processes
• flexible working procedures
• harassment policies
• reporting procedures

Not every organisation will need to rewrite every contract, but existing documents should accurately reflect the new legal position.

45. Do employers need to update existing policies?

Yes. Policies should be reviewed to ensure they reflect the changes.

Priority areas include:

• sexual harassment policies
• whistleblowing procedures
• bereavement leave
• sick pay
• parental leave
• performance management
• flexible working

Employers should also ensure managers understand any changes, as policies are only effective if they are applied correctly.

46. What training should managers receive?

Managers will play a key role in implementing many of these changes.

Training should help managers understand:

• How to handle harassment concerns
• How to manage performance fairly
• How to support employees requesting leave
• How to have sensitive conversations
• When to escalate issues to HR

The increase in employee rights means everyday management decisions may carry greater legal consequences.

47. Is there a checklist of actions employers should complete before the changes take effect?

There is no single statutory checklist, because requirements will vary depending on the organisation.

However, employers should consider:

• reviewing policies and contracts
• assessing sexual harassment risks
• checking reporting routes
• updating training
• reviewing probation and performance processes
• preparing managers
• improving record keeping

The key theme across the Act is moving from having policies in place to being able to demonstrate that those policies work.

Global organisations and international employees

48. Do Employment Rights Act changes apply to global organisations?

The Employment Rights Act applies to UK employment relationships.

For global organisations, the impact will depend on where employees are based, how contracts are structured and whether UK employment law applies.

International employers should review which employees and operations fall within the scope of UK rules.

49. How do the changes affect employees working outside the UK?

The answer will depend on factors such as the employee’s location, contract terms and the applicable employment law.

Employers with international workforces should consider whether UK employees, overseas employees or remote workers may be affected differently.

Equality, neurodiversity and workplace adjustments

50. Can neurodivergent employees request workplace adjustments?

Yes. Employees may request reasonable adjustments where they have a disability under the Equality Act 2010.

This can include adjustments to working arrangements, communication methods, workplace processes or support provided.

Employers should approach these conversations individually and focus on what support helps the employee perform effectively.

51. Do menopause-related issues also require workplace adjustments?

Potentially, yes.

Employers should consider requests for support in the same way they would for other health-related workplace needs.

Adjustments will depend on the individual circumstances and may include changes to working arrangements, workplace environment or management support.

Other key questions

52. How will the Employment Rights Act affect companies with fewer than 250 employees?

Many of the Employment Rights Act changes apply to organisations of all sizes.

While some requirements, such as mandatory menopause action plans, apply only to larger employers, smaller organisations will still need to consider changes around issues such as unfair dismissal, sexual harassment prevention, sick pay and family rights.

53. What are the positive impacts of the Employment Rights Act for employers?

While the Act introduces additional responsibilities, it also creates an opportunity for employers to improve workplace practices.

Clearer processes, better manager training and stronger reporting systems can help organisations identify issues earlier, support employees more effectively and reduce disputes.

54. What are the biggest risks for employers that do not prepare?

The main risks come from treating the changes as a paperwork exercise rather than a workplace change.

Employers may face greater exposure where they cannot demonstrate:

• fair decision-making processes
• effective harassment prevention
• clear reporting routes
• accurate records
• proper manager support

The strongest position is being able to show that compliance measures are active and effective.

55. What should employers do now?

Employers should start preparing before the changes take effect rather than waiting for deadlines.

The first steps should be:

1. Identify which changes affect your organisation.
2. Review relevant policies and processes.
3. Train managers on their responsibilities.
4. Check reporting and escalation routes.
5. Ensure decisions and actions are properly documented.

The Employment Rights Act is not just about updating policies. It requires organisations to think about how workplace rights are managed day to day.