ERA 2025 Updated Timeline And Government Responses To Consultations

The government recently updated its Roadmap setting out expected timing for the Employment Rights Act 2025 reforms, firming up the precise implementation dates in August and October:

• Electronic and workplace balloting for statutory trade union ballots is confirmed for 31 August 2026. The Government has now published its consultation response on the draft Code of Practice for electronic and workplace balloting for statutory trade union ballots, along with a revised draft Code and regulations.
• Changes to employment tribunal claim time limits are confirmed for 1 October 2026 in England & Wales.
• The other reforms previously scheduled for October generally are now confirmed for 30 October.  This includes the changes to harassment law along with various union-related measures.  The Roadmap no longer notes that the regulations specifying reasonable steps to prevent sexual harassment will take effect in 2027, merely noting that the power to make these regulations will come into force on 30 October 2026.  The Government has committed to consult on these regulations; the amendment may indicate a potential delay to 2028 (the original factsheet referenced 2027/2028).
• The union measures listed as coming into force on 30 October 2026 include the new union right of access to workplaces, the duty to inform workers of the right to join a union, various other recognition measures, the new rights for union representatives and protection against detriment for taking industrial action.  In connection with these forthcoming changes, the government has now published consultation outcomes on:
  • the draft Code of Practice on Trade Unions' Right of Access into Workplaces; a revised final draft Code and two sets of regulations have now been laid before Parliament.  The final version clarifies a number of areas (see our post here for further details), including making express that access should usually be during working hours and therefore fully paid;  
  • detriment for taking part in official industrial action, confirming that all types of detriment will be prohibited (rather than a specific list) and that tribunals will be able to adjust awards by up to 25% for breach of the Acas Code of Practice on Discipline and Grievance Procedures; 
  • revisions to the Code of Practice on Access and Unfair Practices During the Recognition and Derecognition Process. The government has gone ahead with its proposal to change the minimum access to one meeting of at least 45 (rather than 30) minutes every five (rather than ten) working days. Amendments include a clearer explanation that employers can make the case against recognition robustly, provided this is done in a reasonable manner, and confirmation that normal management action unconnected to the application process, which is not intended to disrupt or influence it, will not be an unfair practice.  Further detail and clarification around digital access has also been added;
  • an updated Acas Code of Practice on Time Off for Trade Union Duties and Activities covering the new statutory right for trade union equality representatives to reasonable paid time off for specified equality-related purposes and training and the new requirement for employers to provide union representatives with access to accommodation and other facilities where reasonable. 
• Changes to strengthen tipping law are no longer listed for October and are now planned "by the end of 2026". This reflects the fact that the Government published its consultation outcome and laid before Parliament a draft updated Code of Practice on tipping at the end of June, which has since been withdrawn in light of union criticism.
• The introduction of the right to guaranteed hours and the right to reasonable notice and short notice payments is still listed as taking effect in 2027, but there is a new note that timings will be updated after consultation – perhaps suggesting that this could be delayed beyond 2027.