Employment Rights Act FAQs: The Questions UK Employers Are Actually Asking

Every time we discuss the Employment Rights Act 2025 with SME employers, the same practical questions come up. Here are the answers to the ones we hear most often.

Does unfair dismissal protection really start from day one?

Not quite — the qualifying period is being reduced to six months from January 2027, rather than removed entirely. But it will apply to anyone hired from late June 2026 onwards, so if you’re recruiting now, you should already be treating new starters as though the shorter qualifying period applies.

What does this mean for probation periods?

Probation periods aren’t being abolished, but they’re becoming higher-stakes. With a shorter run-up to full unfair dismissal rights, employers need probation review processes that are properly documented — clear objectives, recorded check-ins, and a genuine decision point — rather than a box-ticking formality.

What exactly changes with sexual harassment duties?

The current duty to take “reasonable steps” to prevent sexual harassment is being strengthened to “all reasonable steps” from 30 October 2026. In practice, this means tribunals will expect evidence: risk assessments, staff training records, a clear reporting process, and follow-through on complaints — not just a policy sitting in a handbook. Employers will also become responsible for preventing harassment of staff by third parties, including customers, clients and members of the public.

Are there changes to family leave?

Yes. The Act extends and simplifies several family-related rights, including day-one entitlement to paternity leave and unpaid parental leave, and stronger protections against dismissal during pregnancy and after a return from family leave. Employers should review offer letters and onboarding packs to ensure new entitlements are being communicated correctly from a worker’s very first day.

What’s happening with employment tribunal time limits?

From 1 October 2026, the time limit for bringing most tribunal claims doubles from three months to six months (nine months in Scotland for certain contract claims from 9 November 2026). This gives employees longer to bring a claim, which means employers need to hold onto relevant records and documentation for longer too.

What should we be doing right now?

Three priorities stand out: tightening up harassment policies and manager training ahead of October, reviewing probation and onboarding processes given the shift in dismissal protection, and extending document retention practices to match the longer tribunal window.

How can PeopleFirstHR Help?

Through our Partnership with WorkNest, we can provide assistance with the latest legislation including the Employee Rights Act. Contact us for information.