Explainers

Employment Rights Act 2025 Timeline for NHS Staff

FP FrontlinePay Editorial
Updated 19 October 2026

Independent guidance — not affiliated with NHS England or DHSC

This page is for NHS staff, in England, Scotland and Wales, who want one dated list of what the Employment Rights Act 2025 changes and when. It is the roadmap. For what each change means for NHS contracts in more depth, read our companion explainer, Employment Rights Act 2025: what changes for NHS staff. Each item below is marked in force, due on a stated date or not yet scheduled, and we checked all of it against GOV.UK's published timetable this week. FrontlinePay is independent.

Short answer

Status as of 19 October 2026, checked against GOV.UK's timeline updated 14 October 2026. 8 measures are in force, including day-one Statutory Sick Pay (6 April 2026), shorter strike notice (18 February 2026) and the six-month tribunal limit (1 October 2026). 6 are due on a stated date: harassment duties and trade union access on 30 October 2026, and unfair dismissal after six months (not day one), fire and rehire protections and a duty to tell workers about union membership in January 2027. 6 are listed for 2027 with no month, including flexible working, bereavement leave and guaranteed hours. GOV.UK says all future dates are subject to parliamentary processes and may change.

Live status Employment Rights Act 2025
Pending

Current phase

Phased roll-out

Next date: harassment duties and trade union access measures

30 October 2026

In force

8

Measures already in effect

Due, date stated

6

First one: 30 October 2026

Not yet scheduled

6

Listed for 2027, no month given

⚠Dates can move

GOV.UK's own page says all future dates remain subject to parliamentary processes and may change. We re-check it and change this page when it does. The status date above tells you when we last did. This is general information, not legal advice.

The roadmap at a glance

In force now (8)

These have already happened. Dates are the date the change took effect.

DateWhat changesWhat it means for NHS staff
December 2025 (Royal Assent) Minimum service levels law repealed The Strikes (Minimum Service Levels) Act 2023 no longer applies.
18 February 2026 Industrial action rules eased: notice 10 days (was 14), ballot mandate 12 months (was 6), 40% support threshold removed, dismissal protection for taking part Affects how quickly a union can call action and how long a ballot lasts. The 12 months applies to ballots opened on or after this date. The BMA's October 2026 briefing for Scotland still describes a 50% turnout requirement.
6 April 2026 Statutory Sick Pay from the first day of illness, lower earnings limit removed Most Agenda for Change staff in England have contractual sick pay from their first year of service (Handbook paragraph 14.2), so this matters most for bank staff and others outside those terms.
6 April 2026 Day-one paternity leave and unpaid parental leave; Bereaved Partner's Paternity Leave Statutory rights. See our paternity and shared parental leave guide for the NHS contractual picture.
6 April 2026 Whistleblowing protection extended to disclosures about sexual harassment; collective redundancy protective award doubled; simpler union recognition; voluntary gender equality and menopause action plans Whistleblowing: see the NHS whistleblowing explainer. Action plans are voluntary for now.
7 April 2026 Fair Work Agency established (enforcement body) A new enforcement body for employment rights.
25 August 2026 Electronic and workplace balloting for statutory trade union ballots Affects how unions run strike and other statutory ballots.
1 October 2026 (Scottish breach of contract claims: 9 November 2026) Employment tribunal time limit for most claims raised from 3 months to 6 months (minus one day) For problems on or after 1 October 2026. Earlier problems generally keep the old limit. Contact ACAS early conciliation before the limit ends.

Due on a stated date (6)

GOV.UK gives a date, or a month, but the date is subject to parliamentary processes and could change.

DateWhat changesWhat it means for NHS staff
30 October 2026 Employers must take 'all reasonable steps' to prevent sexual harassment, and not permit third-party harassment (for example by patients) unless they took reasonable steps Sits alongside Handbook Section 32 on dignity at work. Relevant to harassment by patients and visitors.
30 October 2026 Trade union access, recognition and derecognition reforms (including freezing the bargaining unit when an application is received); new rights for union representatives; extended protection from detriment for industrial action Affects union access to workplaces and protection for union reps.
9 November 2026 Six-month tribunal limit for breach of contract claims in Scotland Scotland only, and only for breaches on or after this date.
For dismissals from 1 January 2027 Unfair dismissal qualifying period cut from two years to six months, compensatory award cap removed. This is not day-one protection Staff in the first six months, such as new starters on probation, still fall short. Claims such as whistleblowing and discrimination already need no service.
January 2027 (no day given) Fire and rehire protections (automatically unfair in most cases) Less common under nationally agreed Agenda for Change terms, but relevant to contract changes with outsourced and non-NHS providers.
January 2027 (no day given) Employers must tell workers of their right to join a trade union A new duty on employers, including NHS trusts.

Not yet scheduled (6)

GOV.UK lists these for 2027 without a month, or says timings will be updated after consultation. We do not guess a date.

DateWhat changesWhat it means for NHS staff
2027, no month given Flexible working: refusals must state a business reason and explain why refusal is reasonable Agenda for Change staff in England, Wales and Northern Ireland already have a contractual right to request flexible working from day one, with no limit on requests (Handbook paragraphs 33.5 and 33.6).
2027, no month given Statutory bereavement leave, including pregnancy loss (unpaid) Child bereavement leave already exists under Handbook Section 23. See the NHS bereavement leave explainers for current entitlements.
2027, timings to be updated after consultation Guaranteed hours, reasonable notice of shifts and short-notice payments for zero and low-hours workers Most relevant to bank workers and others without fixed hours. Check your bank contract.
2027, no month given Enhanced dismissal protection for pregnant women and new mothers Applies on top of existing maternity protections.
2027, no month given Mandatory gender equality and menopause action plans Voluntary from April 2026, mandatory later.
2027, no month given Collective redundancy consultation threshold; non-disclosure agreement rules in harassment and discrimination cases; extended blacklisting protections; umbrella company regulation; an industrial relations framework; electronic balloting for recognition ballots Of limited direct effect on most individual NHS staff.

Sources: GOV.UK timeline update (all dates); ACAS (industrial action rules, unfair dismissal, sick pay); ACAS tribunal time limits; SI 2026/559, regulation 3 (1 January 2027). The GOV.UK page also lists a Seafarer Protection Regulations item for December 2026, tipping law by end 2026 and regulations for an adult social care negotiating body in England; none is specific to NHS employees so we leave them out of the tables.

Next three dates to put in the diary

  • • 30 October 2026: new employer duties on sexual harassment and third-party harassment, and trade union access and recognition changes
  • • 9 November 2026: six-month limit for breach of contract claims in Scotland (breaches on or after this date)
  • • 1 January 2027: unfair dismissal qualifying period of six months for dismissals from this date; fire and rehire protections and the union membership duty are listed for January 2027

Unfair dismissal: six months, not day one

Many people have heard the Act gives "day-one" protection from unfair dismissal. It does not. The timeline lists the qualifying period falling from two years to six months, for dismissals from 1 January 2027, with the cap on the compensatory award removed. The commencement regulations bring the section into force on that date (SI 2026/559, regulation 3), subject to transitional rules we have not been able to read in full, so which rule applies depends on the date employment ends. We do not give a worked case here; our Dismissal Guidance Advisor does that by dismissal date, and our companion explainer has the table.

For NHS staff the practical points are: new starters on probation still need six months' service before ordinary unfair dismissal applies (see NHS probation periods); claims such as whistleblowing and discrimination already need no minimum service; and a fair process still matters, which our guides to the disciplinary process and capability procedure set out.

Sick pay, flexible working, bereavement leave

  • Statutory Sick Pay (in force, 6 April 2026). Paid from the first day, with no lower earnings limit. The 2026 to 2027 weekly rate is £123.25, or 80% of average weekly earnings if lower. Contractual sick pay under Handbook Section 14 (paragraph 14.2) is separate and usually higher: see NHS sick pay explained and SSP changes from April 2026.
  • Flexible working (not yet scheduled, 2027). Employers will have to state a business reason and explain why refusing is reasonable. NHS staff in England, Wales and Northern Ireland already have a contractual right to request flexible working from day one, with no limit on requests (Handbook paragraphs 33.5 and 33.6). See flexible working and caring responsibilities.
  • Bereavement leave (not yet scheduled, 2027). A new statutory right including pregnancy loss, unpaid. Child bereavement leave already exists in the Handbook (Section 23). See NHS bereavement leave explained.
  • Paternity and parental leave (in force, 6 April 2026). Day-one paternity leave and unpaid parental leave, and Bereaved Partner's Paternity Leave. See paternity and shared parental leave.

Fire and rehire, guaranteed hours

  • Fire and rehire (due, January 2027). Dismissing someone to re-engage them on worse terms becomes automatically unfair in most cases. Agenda for Change terms are nationally agreed, so this is less common in the NHS, but it matters for contract changes with outsourced and non-NHS providers. GOV.UK gives the month, not the day.
  • Guaranteed hours, reasonable notice and short-notice payments (not yet scheduled, 2027). The only item GOV.UK says will be re-timed after consultation. Most relevant to NHS bank workers and others without fixed hours; see bank vs substantive posts. Check your own bank contract rather than assuming a change.

Unions, strikes and harassment

  • Industrial action (in force, 18 February 2026). Notice of action is 10 days instead of 14, ballot mandates last 12 months for ballots opened from 18 February (not extended for earlier ballots), and the 40% support threshold is removed. The Strikes (Minimum Service Levels) Act 2023 was repealed in December 2025. Electronic balloting started on 25 August 2026. See NHS strikes and industrial action explained and the resident doctors page.
  • Union access and recognition (due, 30 October 2026). Stronger rights of access, recognition changes, new rights for union representatives and more protection from detriment for industrial action. See NHS staff representation.
  • Harassment (due, 30 October 2026). A duty to take "all reasonable steps" to prevent sexual harassment and not to permit third-party harassment unless reasonable steps were taken. Whistleblowing protection for disclosures about sexual harassment applies from 6 April 2026. See bullying and harassment at work and NHS whistleblowing rights.

Tribunal time limits

For most claims, the limit to contact ACAS is six months minus one day for problems on or after 1 October 2026 (ACAS tribunal time limits page, updated 1 October 2026). For earlier problems it is generally three months minus one day, with six months for a few claim types such as statutory redundancy pay and equal pay. Scottish breach of contract claims move to six months for breaches on or after 9 November 2026. The clock is not paused by an internal appeal or grievance. Use the Dismissal Guidance Advisor to work out your date, and ask ACAS or your union before relying on a date near the end.

What the Act does not change in the NHS

Several things people ask about are not changed by the Act. Agenda for Change contractual terms continue. Pay is not set by the Act. Nothing on GOV.UK's timeline lists an April 2027 change. Contractual sick pay, flexible working rights and child bereavement leave sit in the Handbook and already go beyond the statutory floor in the cases above. Our companion explainer sets out the Handbook references.

How to check a date yourself

  • ✓ Open the GOV.UK timeline and check the 'updated' date at the top against our status date
  • ✓ For a claim or a dismissal date, check ACAS and legislation.gov.uk for the commencement regulation
  • ✓ If your date falls on or near a start date, ask your union or ACAS about transitional rules before relying on it
  • ✓ Check your own contract and trust policy: NHS terms can be better than the statutory minimum

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✓Why you can rely on this page

  • ✓ Every date comes from GOV.UK's implementation timeline, ACAS or legislation.gov.uk, each linked
  • ✓ Each item is marked in force, due or not yet scheduled, and we say when GOV.UK gives no date
  • ✓ Handbook references are to the version in force from 1 October 2026 (amendment 63)
  • ✓ FrontlinePay is independent. See our editorial policy

Related guides

Frequently asked questions

When does unfair dismissal protection start for NHS staff? +
Not from day one. The Act ended up with a six-month qualifying period. GOV.UK lists the cut from two years to six months for dismissals from 1 January 2027, with the compensation cap removed, and the commencement regulations (SI 2026/559, regulation 3) bring the relevant section into force on 1 January 2027, subject to transitional rules. Claims such as whistleblowing and discrimination already need no minimum service. Check your own date with ACAS or your union.
Is statutory sick pay from day one in force? +
Yes. From 6 April 2026 Statutory Sick Pay is paid from the first day of illness and the lower earnings limit has been removed. Most Agenda for Change staff in England already have contractual sick pay on a scale that starts in the first year of service (Handbook paragraph 14.2), so the change matters most to bank staff and others outside those terms.
When do the new harassment duties start? +
30 October 2026, according to the GOV.UK timeline. Employers must take 'all reasonable steps' to prevent sexual harassment and must not permit third-party harassment, for example by patients or visitors, unless they took reasonable steps. That date has not yet arrived when we last checked.
What is the new tribunal time limit? +
Six months minus one day for most claims about problems on or after 1 October 2026, up from three months minus one day. Earlier problems generally keep the old limit, and Scottish breach of contract claims move to six months for breaches on or after 9 November 2026. You must contact ACAS for early conciliation within the limit. This page is not legal advice, so check the date for your own claim with ACAS.
When will the flexible working changes happen? +
GOV.UK lists the flexible working reform for 2027 without a month. We do not know the date. NHS Agenda for Change staff in England, Wales and Northern Ireland already have a contractual right to request flexible working from day one under Handbook paragraphs 33.5 and 33.6, with no limit on the number of requests.
When will bereavement leave and guaranteed hours start? +
Both are listed for 2027 without a month. For guaranteed hours, reasonable notice and short-notice payments GOV.UK says the timings will be updated after consultation. We will update this page when dates are published.
Are fire and rehire protections in force? +
Not yet. GOV.UK lists fire and rehire protections under measures taking effect in January 2027, without a day. It becomes automatically unfair in most cases when it starts. Check the date for dismissals that fall near the start.
Does the Act apply in Northern Ireland? +
The Act is about employment law in Great Britain. Northern Ireland has its own employment legislation, so the rules and dates may differ; check with the Labour Relations Agency or your union. NHS pay and contractual terms are also set separately in each nation.

General information as of 19 October 2026 based on GOV.UK, ACAS and legislation.gov.uk. Not legal advice. For your own situation, speak to your union, ACAS or a specialist solicitor. FrontlinePay is independent and not affiliated with GOV.UK, ACAS, any NHS trust or any trade union.

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