Updated 23 September 2026. Bereavement leave, including leave after pregnancy loss before 24 weeks, confirmed for April 2027 (government announcement, 22 September). Flexible working response published (15 September). Holiday pay consultation closed on 22 September. The department responsible is now called the Department for Business, Innovation, Science and Trade.
In brief. The Employment Rights Act 2025 phases in through 2027. For agencies the dates that matter most are 1 October 2026 (tribunal time limits double to six months), 30 October 2026 (harassment prevention duties, including third parties) and 1 January 2027 (unfair dismissal protection from six months’ service, compensation cap removed). This week the government gave bereavement leave a start date, April 2027. Guaranteed hours for agency workers remain planned for 2027, timing to be confirmed.
Where things stand on 23 September 2026
The Act received Royal Assent on 18 December 2025. The government’s roadmap was last refreshed on 25 August 2026 and no date on it has moved since. Two announcements this month fill in the 2027 detail. 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. 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: eight days away
The time limit for most employment tribunal claims rises from three months to six, for acts on or after 1 October. 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.
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 duty to tell workers of their right to join a trade union.
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. Expect clients to ask.
April 2027: bereavement leave (new this week)
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.
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. Start with our free 12-point FWA compliance health check at ior.org/fwa-compliance-checklist. BIOR Agency Membership includes the Agency Compliance Pack and the monthly Client Briefing: ior.org/agency-membership. Check any recruiter at ior.org/certified.