Employment Rights Act 2025: changes from Feb–Apr 2026

Let’s make a dense legal notice usable. On 5 January 2026 the Government signed the first commencement regulations for the Employment Rights Act 2025. They switch on new powers and protections in three waves: immediately after signature, on 18 February 2026, and on 6 April 2026. We set out what changes, when, and what it means for you at work, as a parent, or in a union. Our source is the statutory instrument published on legislation.gov.uk.

Key dates, step one. From 6 January 2026 the Government can make detailed rules on zero‑hours and shift rights, agency workers, flexible working, collective redundancies, public‑sector outsourcing, workplace union access and recognition. The Workers (Predictable Terms and Conditions) Act 2023 is repealed, and the law on exclusivity terms in zero‑hours arrangements is switched on. ACAS is asked to prepare new Codes of Practice in several areas.

Key dates, step two. From 18 February 2026 new protections linked to lawful industrial action take effect, alongside rules on collective redundancy notifications for ships’ crews and provisions on maritime employment. There is early access to the paternity reforms where a mother or adopter dies. Trade union reporting rules are simplified, and some powers of the Certification Officer are wound back with safeguards for ongoing cases.

Key dates, step three. From 6 April 2026 the family‑leave changes are fully live: day‑one rights to parental leave and paternity leave, and the ability to take paternity leave after a period of shared parental leave. Transitional cut‑offs depend on when a child is born, placed for adoption, or enters Great Britain from overseas for adoption.

Zero‑hours and shifts. The Act creates a framework for a right to guaranteed hours after regular patterns of work, reasonable notice for shifts, and payment when shifts are cancelled, moved or shortened. Agency workers are included on the same logic. From 6 January the powers to consult and write the detailed regulations are in force, so employers should expect secondary legislation and ACAS guidance to follow. What this means: if you work repeat patterns on a zero‑hours arrangement, you should soon be able to move from “maybe” hours to guaranteed ones and claim compensation for late cancellations once the rules are laid.

Flexible working. Section 9 is commenced for the purpose of new regulations under the Employment Rights Act 1996. It signals another tidy‑up of process and timelines rather than an overnight change. Expect updates to how requests are made and managed once the statutory instrument setting out the detail is published.

Family leave. The qualifying period is removed so parental leave and paternity leave become day‑one rights. Part of the paternity package is available earlier, from 18 February 2026, where the child’s mother or adopter dies; the rest follows on 6 April 2026. There is also a new ability to take paternity leave following shared parental leave, giving families more flexibility to stagger time off.

Transitional rules you need to know. If a child is born, placed for adoption, or enters Great Britain from overseas for adoption before 6 April 2026, the new paternity‑leave changes usually do not apply. There is an exception if the expected week of birth begins on or after 5 April 2026, even if the baby arrives a little earlier. If the child’s primary carer dies on or after 6 April 2026, the new paternity provisions can apply despite the earlier cut‑offs. The law’s ‘expected week’ runs Sunday to Saturday.

Protection from dismissal. The commencement regulations bring in protections around dismissal during pregnancy and prepare further measures following statutory family leave, including neonatal care leave once that scheme starts. The law also readies rules so a refusal to accept a unilateral contract change cannot be used to force someone out unfairly, with the mechanics to come by regulation.

Redundancy and outsourcing. The collective redundancy regime is strengthened by allowing wider application of consultation duties and by defining a protected consultation period. In the public sector, the Government can issue a code and regulations to protect workers on outsourced contracts. Regulation of employment businesses, including temp agencies, is set for extension.

Trade union access and recognition. Powers begin for regulations on a right of unions to access workplaces and for ACAS (or the Secretary of State) to publish a Code of Practice on access and unfair practices during recognition and derecognition processes. Workers are also due a new right to a statement of trade union rights, and there are moves to support equality reps and improve facilities for officials, subject to final codes and regulations.

Industrial action: what changes and when. From 18 February 2026 protection against detriment and dismissal for taking lawful industrial action is reinforced. Ballot rules are updated, including what must appear on the voting paper, how long a ballot mandate remains effective, and how employers are notified. Transitional safeguards are clear: ballots opened before 18 February stay under the old rules, and protected action that started before then continues under the previous regime. What this means: if your union opens a ballot after 18 February, expect the new form and timing rules to apply; if it opened before, the earlier law governs your mandate.

Political funds, check‑off and reporting. Political funds move back to an opt‑out model, but the regulations protect members from being charged without a clear choice: if you joined between 1 March 2018 and 17 February 2026 and your union has a political fund, you are treated as opted out unless you later opt in. Public‑sector payroll deduction (‘check‑off’) and facility‑time publication are realigned, while rights and disputes that arose before 18 February are preserved. Annual return requirements that singled out industrial action and political expenditure are pared back, with ongoing investigations and appeals allowed to finish.

Enforcement overhaul. Part 5 prepares a single enforcement system led by the Secretary of State. The regulations switch on powers to issue notices of underpayment, calculate arrears, set penalties, recover enforcement costs, and apply Police and Criminal Evidence Act safeguards to enforcement officers. They also enable staff and property transfers from existing enforcement bodies so the new model can operate.

Glossary, in brief. Zero‑hours arrangement means no guaranteed hours; the new framework aims to secure guaranteed hours after stable patterns, fair notice, and cancellation pay. ACAS is the public body that issues workplace codes and helps resolve disputes. Political fund is the part of a union’s budget for political activity; under the new law contributions default to ‘yes’ unless you opt out, with protections for existing members. ‘Expected week of birth’ is the Sunday‑to‑Saturday week a baby is due. ‘Check‑off’ is payroll deduction of union subscriptions in the public sector.

Everyday scenarios. A father with a baby due in the week beginning Sunday 5 April 2026 who welcomes the child on 3 April will still benefit from the day‑one paternity right because the expected week begins on 5 April. If the due week began on 29 March instead, the old qualifying rules would usually apply unless the primary carer sadly dies after 6 April. If a union posts ballot papers on 10 February 2026, the ballot is classed as opened before 18 February, so the pre‑commencement ballot rules continue to govern any action flowing from that vote. A worker doing regular Friday evenings on a zero‑hours contract should keep written records now. The 6 January powers allow ministers to introduce compensation for cancelled shifts and routes to guaranteed hours; once the regulations land, those records will help you evidence your pattern.

What to do next. If you are an employee or parent, check your expected week of birth or adoption timeline now and speak to HR about giving notices from 18 February where required. If you are an employer, map zero‑hours and shift‑based roles, review family‑leave and pregnancy policies, and plan for ACAS codes on union access. If you are a union rep, diary the 18 February changes on ballots and dismissal protection and brief members on the political‑fund opt‑out safety net.

This guide is based on the Employment Rights Act 2025 (Commencement No. 1 and Transitional and Saving Provisions) Regulations 2026, made on 5 January 2026 by the Department for Business and Trade. We will update when the detailed secondary legislation and ACAS Codes are published.