UK: ERA25 update: fire and rehire reforms delayed to March 2027 and further detail of 2027 timings published

The Government has published an update to its Roadmap setting out expected timings for the numerous reforms to be made by the Employment Rights Act 2026 next year. 

The key change is a delay to the introduction of the 'fire and rehire' provisions from January to March 2027;  at the same time the Government has published for consultation (until 17 December 2026) a draft revised  Code of Practice on Dismissal and Re-engagement to reflect the changes. The intention is to revoke the current Code in March 2027 and start the parliamentary process to approve the revised draft "no earlier than Spring 2027" with it coming into force in Summer 2027 (so it seems there will be a few months when there is no applicable statutory code and therefore no potential for a 25% adjustment to relevant tribunal awards for breach).  

The expected timeline for 2027 is now as follows:

1 January 2027

• reduction of unfair dismissal qualifying period to 6 months and uncapping compensatory awards
• the duty to inform workers of their right to join a trade union
• strengthening tipping law

March 2027

• fire and rehire protections

April 2027

• action plans on gender equality and supporting employees through the menopause for private and voluntary sector employers
• bereavement leave, including pregnancy loss
• collective redundancy: organisation-wide threshold
• extending blacklisting protections

August 2027

• electronic balloting for statutory recognition and derecognition ballots

September 2027 

• prevention of misuse of non-disclosure agreements in cases of workplace harassment or discrimination

October 2027

• enhanced dismissal protections for pregnant women and those on or within 6 months after maternity or adoption leave, or (provided it has lasted at least six continuous weeks) bereaved partner's paternity, shared parental, or neonatal care leave - the Government has just published the outcome of its consultation, confirming that the five potentially fair reasons for dismissal will remain available in relation to these protected employees, but that instead of having to show that dismissal is within the band of reasonable responses in order to be fair, employers will need to meet a significantly higher threshold of showing that dismissal is a proportionate means of achieving a legitimate business aim. This will be a day one right. The consultation suggests that "this will ordinarily require an employer to be confident that less severe alternatives were not reasonably available in the circumstances (for example, temporary changes to a role, identifying suitable alternative roles)."  Acas guidance will be published.
• changes to the flexible working request regime 

December 2027

• regulation of umbrella companies

The timing for the zero hours changes (the right to be offered guaranteed hours, reasonable notice and payment for shifts cancelled or changed at short notice) is still to be confirmed.