Updated 1 October 2026. The first Employment Rights Act 2025 changes that touch a recruitment agency landed today, Thursday 1 October 2026, with more on 30 October, in January 2027 and through 2027. This page lists every date that matters to an agency, with the government source for each, and is reviewed every week against gov.uk and Acas.
What changed for recruitment agencies on 1 October 2026?
Two changes landed on 1 October 2026 and one more set lands on 30 October. None of them is the agency-worker rights on guaranteed hours and shift notice, which the government has placed in 2027.
- Employment tribunal time limits double. From 1 October 2026 the time limit for bringing most tribunal claims rises from three months to six months. For breach of contract claims in Scotland the change is 9 November 2026. An agency’s records of a placement, a dismissal or a pay decision therefore need to be kept, and findable, for longer. (Source, Acas, Employment Rights Act 2025, updated 28 September 2026, and the government’s implementation roadmap.)
- Right to work checks widen. From 1 October 2026 the Right to Work Scheme covers people engaged under a worker’s contract, individual sub-contractors and people supplied through an online matching service, not only employees. An employment business is the employer of its temporary workers for the scheme and is responsible for the check, and the civil penalty is up to £60,000 for each illegal worker. The Home Office guide that takes effect on 1 October is published in draft on gov.uk, dated 11 September 2026. (Source, Right to work checks, an employer’s guide, gov.uk.)
- On 30 October 2026 employers must take “all reasonable steps” to prevent sexual harassment, become liable for harassment by third parties such as clients unless all reasonable steps were taken, and face the updated rules on a trade union’s right of access to the workplace. (Source, Acas, the October 2026 changes on the page above.)
- Not on 1 October. The ban on fire and rehire, the six-month qualifying period for unfair dismissal and the duty to tell workers of their right to join a union are January 2027. Guaranteed hours, shift notice and shift-cancellation pay for zero-hours and agency workers are 2027, with the detail still in consultation. (Source, Acas, the January 2027 and 2027 changes on the page above.)
Where things stand on 1 October 2026
The Act received Royal Assent on 18 December 2025. The government’s roadmap was last refreshed on 25 August 2026, and the dates on it match the list Acas updated on 28 September 2026. Two announcements in September filled in the 2027 detail, the flexible working response on 15 September and the bereavement leave date on 22 September. The responsible department, formerly the Department for Business and Trade, now publishes as the Department for Business, Innovation, Science and Trade.
Already in force
From 6 April 2026, Statutory Sick Pay is paid from day one and the lower earnings limit has gone, a direct cost on temp books. Paternity leave and unpaid parental leave became day-one rights and the collective redundancy protective award doubled. Holiday records must be kept for six years from the same date. On 7 April the Fair Work Agency launched as the single enforcement body. On 25 August electronic and workplace balloting for trade union ballots took effect.
1 October 2026
The time limit for most employment tribunal claims is now six months, up from three, for acts on or after 1 October 2026. For a series of acts, the last act counts. For breach of employment contract claims in Scotland the change comes on 9 November 2026. Every disputed exit from this autumn carries a six-month tail, so files must stay complete and retrievable for longer. The same day the right to work checks widen, as set out in the block above.
30 October 2026
Employers must take all reasonable steps to prevent sexual harassment of their employees, and must not permit harassment of their employees by third parties. For an agency this applies twice. Once to your own consultants, and once to every worker you place on someone else’s premises. Put it in your client terms before the date, not after. The same day brings the updated rules on a trade union’s right of access to the workplace.
October is also expected to bring regulations setting up the adult social care Fair Pay Agreement negotiating body in England, and stronger tipping law is due by the end of the year.
January 2027
From 1 January 2027 the qualifying period for unfair dismissal falls from two years to six months, and the cap on the compensatory award is removed, for dismissals taking effect on or after that date. Anyone you hired on or before 1 July 2026 will have six months’ service on the day. Fire and rehire protections arrive the same month. Dismissing an employee for refusing changes to core terms, or to replace them with someone else on changed terms, which can include an agency worker, becomes automatically unfair. From the same date employers must tell workers of their right to join a trade union. Expect clients to ask.
April 2027, bereavement leave (confirmed 22 September)
On 22 September the government confirmed a new right to bereavement leave from April 2027 for employees who lose a spouse or partner, parent, adult child or sibling, including step, half, adoptive, kinship care and foster relationships. Women and their partners who experience a pregnancy loss before 24 weeks will be entitled to up to two weeks’ leave. The leave is unpaid, can be taken as single days within 56 weeks of the loss, needs notice only as soon as reasonably practicable in the first eight weeks, and no one can be asked for evidence. Taking it is protected from detriment and dismissal. The detail comes in regulations next year. Your own staff handbook and your absence policy will need a line.
Later in 2027
Flexible working. The government response, published 15 September, confirms employers will have to consult the employee before refusing a request and explain why a refusal is reasonable by reference to the eight business reasons.
Guaranteed hours, reasonable notice of shifts and payment for shifts cancelled at short notice remain planned for 2027, including for agency workers, with hirers responsible by default for the offer. The consultation closed on 25 August and the response is awaited. BIOR submitted a full response.
Holiday pay enforcement. The consultation on how the Fair Work Agency will enforce holiday pay closed on 22 September. BIOR responded on 3 September. Enforcement will not start before April 2027.
Umbrella company regulation, mandatory action plans for larger employers, stronger protection for new mothers, collective consultation changes and the minimum wage enforcement transfer to the Fair Work Agency also follow during 2027.
Open now
The workplace monitoring consultation closes at 11:59pm on 30 September. It asks whether employers should follow a statutory code, a duty to consult, or guidance when they bring in monitoring technology. Temp desks placing into warehouses, driving and call centres should read it. BIOR responded on 23 September.
Enforcement is not waiting
On 3 September 2026 the first minimum wage naming round since the Fair Work Agency was set up named around 660 employers, with about £4 million repaid to more than 27,000 workers and £7 million in penalties. The list includes businesses that supply staff.
This timeline is reviewed weekly.
Related BIOR guides
- Fair Work Agency explained
- The FWA compliance checklist
- Disputes and tribunals
- Agency workers and temp desks
This guide is general information, not legal advice. Dates marked as planned or expected depend on regulations still to be made. Check the current government guidance and take advice from your own solicitor where a situation is complex or high-risk.
One step you can take today. Work through the 12-point FWA compliance checklist at ior.org/fwa-compliance-checklist. BIOR Agency Membership includes the Agency Compliance Pack and the monthly Client Briefing, and membership includes the certification assessment. See ior.org/agency-membership. Check any recruiter or agency at ior.org/verify.
Questions people ask
What changed for recruitment agencies on 1 October 2026 under the Employment Rights Act?
The time limit for most employment tribunal claims rises from three to six months, and, separately from the Act, the right to work checks widen to workers, individual sub-contractors and online matching services with a penalty of up to £60,000 for each illegal worker. The harassment and trade union access changes follow on 30 October 2026. Fire and rehire, the six-month unfair dismissal period and the union statement are January 2027; the guaranteed-hours rights for agency workers are 2027.
When does the unfair dismissal qualifying period drop to six months?
On 1 January 2027, for dismissals taking effect on or after that date. The cap on the compensatory award is removed the same day. Anyone hired on or before 1 July 2026 will have six months’ service by then. Source, Acas, Employment Rights Act 2025, the January 2027 changes.
When do the new sexual harassment duties start, and do they reach agency workers on a client’s site?
On 30 October 2026 employers must take all reasonable steps to prevent sexual harassment of their workers and become liable for harassment by third parties, such as clients, unless all reasonable steps were taken. For an agency the duty applies to its own consultants and to the workers it places on a client’s premises, so the client terms and the placement paperwork should say what each side does. Source, Acas, the October 2026 changes.
When do guaranteed hours for agency workers start?
The government has placed the guaranteed-hours, shift-notice and shift-cancellation rights for zero-hours and agency workers in 2027 and has not yet given a date. The consultation on how they apply to agency workers closed on 25 August 2026 and the response is awaited. Source, Acas, the 2027 changes.
When does the new bereavement leave start?
The government confirmed on 22 September 2026 that the right to bereavement leave starts in April 2027. The leave is unpaid, and women and their partners who experience a pregnancy loss before 24 weeks will be entitled to up to two weeks. The detail comes in regulations. Source, the government announcement of 22 September 2026 and Acas, the 2027 changes.
Written by The BIOR Membership Team. Last reviewed 1 October 2026. Sources, gov.uk and Acas, checked that day.