Regulations signed on 5 January 2026 set a phased start for the Employment Rights Act 2025. As published on legislation.gov.uk and confirmed by the Department for Business and Trade, powers take effect from 6 January to allow ministers to consult and lay detailed rules, with further sections commencing on 18 February and 6 April.

The immediate priority is variable-hours work. The Act’s zero‑hours framework is commenced in part so government can define how guaranteed hours will operate, what counts as reasonable notice for shifts, and the level of pay when shifts are cancelled, moved or curtailed. Agency workers are included in scope. The Workers (Predictable Terms and Conditions) Act 2023 is repealed, with this new regime intended to replace it.

For employers, this shifts rota management from custom to statute. A hospitality operator relying on student staff, for example, should expect to provide minimum guaranteed hours once triggers are set in regulation, pay compensation for short‑notice cancellations, and keep auditable notice records. Budgeting for cancellation pay and checking scheduling software against the forthcoming rules will be essential.

Flexible working also advances. Section 9 is commenced for regulation‑making under the Employment Rights Act 1996, enabling final rules on requests and responses. Section 8 addresses exclusivity in zero‑hours arrangements, signalling tighter limits on clauses that block secondary work. ACAS is expected to refresh relevant Codes once the regulations are drafted.

Family leave changes are staged. The removal of service‑based qualifying periods for parental and paternity leave, and the option to take paternity leave after shared parental leave, are now live for the purpose of making regulations. Substantive entitlements apply in limited bereavement cases from 18 February 2026, with broader commencement on 6 April 2026.

Transitional provisions matter. Schedule 1 provides that children born or placed for adoption before 6 April 2026 generally remain under the current regime, except where the expected week of birth begins on or after 5 April 2026 or where the primary carer dies on or after 6 April. HR teams should plan for overlapping systems through March and April and update notice templates now.

Protections around dismissal are being strengthened via secondary legislation. Section 26 and parts of section 27 are commenced to allow regulations that extend protection from dismissal during pregnancy and following statutory family leave. Separately, powers in section 28 pave the way for action on dismissal for refusing contractual changes, often labelled ‘fire and rehire’.

Collective redundancy rules are also being re‑tooled. Ministers can consult on widening who counts toward the 20‑employee trigger and on defining a protected consultation period. Notifications for ships’ crew start from 18 February 2026. Employers planning multi‑site restructurings should revisit headcount aggregation, timelines and the content of HR1 notifications.

Public sector outsourcing is set for a new statutory Code under the Procurement Act 2023. Section 32 is commenced so a Code of Practice can be prepared covering worker protections on relevant outsourcing contracts. Commissioners and bidders should expect stricter expectations around pay, hours and consultation duties to be built into frameworks and call‑offs.

Trade union measures are wide‑ranging. ACAS and the Secretary of State are tasked with Codes on workplace access and recognition practices, and a new right for workers to receive a statement of trade union rights is enabled. ACAS is also asked to update Codes on facilities for union officials, learning representatives and equality representatives. Protections against detriment for taking industrial action take effect from 18 February 2026, alongside updated ballot and voting‑paper rules that apply to ballots opened on or after that date; ballots already opened stay on the old regime.

Union reporting and political‑fund rules are reset with savings provisions. Facility‑time reporting and public‑sector subscription deductions continue for periods ending before 18 February. The Certification Officer’s broader investigatory and penalty powers fall away for post‑commencement conduct, though existing cases continue. Members who joined during the 2018–2026 window are treated as opted out of political funds unless and until they choose to contribute.

Enforcement will become more centralised. The regulations activate powers to build the new enforcement architecture under Part 5, covering underpayment notices, penalty rules, recovery of investigation costs and information‑sharing. Expect more coordinated inspections and a premium on clean payroll data. The practical to‑do list is clear: audit zero‑hours usage, stress‑test shift‑notice processes, prepare budget lines for cancellation pay, refresh family‑leave and pregnancy‑dismissal policies, and brief line managers before the February and April dates. Source: legislation.gov.uk (Commencement No. 1 Regulations, made 5 January 2026).