The UK employment landscape has been fundamentally reshaped by the Employment Rights Act 2025, which received Royal Assent on 18 December 2025. While the Act paves the way for a two-year implementation period, January 2026 is a critical month for HR departments to engage with final consultations that will define the practicalities of day-to-one rights and enhanced protections.
Closing Consultations: 15 January Deadlines
Employers have until 15 January 2026 to respond to four major consultations that close this month. These papers seek views on the implementation of:
- Bereavement Leave: A new day-one right for unpaid leave, including specifically for pregnancy loss before 24 weeks.
- Enhanced Dismissal Protection: Plans to make it unlawful to dismiss pregnant women or new mothers for six months after their return to work, except in very specific circumstances.
- Trade Union Rights: New duties to inform workers of their right to join a union and expanded access rights for unions in the workplace.
The Shift to “Day-One” Reality
While the full removal of the two-year service requirement for unfair dismissal claims is now projected for January 2027, the Act introduces a six-month qualifying period as an interim step. Furthermore, significant changes arrive in April 2026, including the removal of the lower earnings limit for Statutory Sick Pay (SSP) and making SSP payable from the first day of illness instead of the fourth.
Managing Compliance in 2026
Businesses must also prepare for the new Fair Work Agency, established in April 2026 to bring together enforcement bodies for holiday pay and SSP. January is the month to audit existing family leave and dismissal policies against the likely outcomes of these consultations. Managers should be briefed on the stricter standards for refusing flexible working requests, as the Act now requires employers to explain exactly why a refusal is “reasonable”.
Don’t get caught out by the new regulations. Make sure you understand what you need to do moving forward. If we cannot help you directly, we will be able to offer introductions to professionals who you can follow up.