Employment Rights Act 2025 - Measures to take effect on 18 February 2026
The Employment Rights Act 2025 (ERA) has been in the headlines extensively, with a succession of reforms taking effect from now and continuing through to 2027. Helen Russell, lead HR consultant and solicitor in our employment team, looks at the immediate changes employers need to be aware of.
While many of the most significant reforms will take effect in April and October 2026, some amendments are much closer and have perhaps received less attention than the headline changes.
As well as family provisions, for those with Union involvement to consider, there are some amends which take effect on Wednesday 18 February, requiring early consideration and, in some cases, immediate action from employers.
Immediate changes
Parental Leave
Employees who will become entitled to parental leave on 06 April 2026 can start to give notices and evidence related to their plans to take parental leave.
Paternity Leave
Paternity leave will become a Day One right after 06 April 2026, however there are some preliminary entitlements to consider:
- When the child’s mother / main adopter has dies
- Again, employees who will become entitled to Paternity Leave on 06 April 2026 can start to submit notices and evidence
Protection of employees taking industrial action
Currently, if 12 weeks have elapsed since an industrial action began and the employer has acted appropriately to try to resolve the dispute, employers can take action to dismiss.
From 18 February 2026 (and for industrial actions started after that date), it will be automatically unfair to dismiss an employee for taking industrial action, no matter how long the action has lasted.
Changes to rules around industrial action
These will also come into force for action raised after 18 February 2026 (i.e. not already underway). These include that the threshold required for action in public service organisations will be lower (although the 50% turnout threshold of those eligible to vote remains).
Less information will be required from unions in respect of ballots and voting papers and, once a mandate to act has been obtained, it will remain live for 12 months rather than six.
In addition, the notice period required from the union to the employer will reduce form 14 days to 10 and there will no longer be a requirement for a picket supervisor for picketing after 18 February 2026.
Further industrial action protections on the way
Increased protection from detriment where the purpose is to deter industrial action; there will be protection from detriments of “a prescribed description” when the sole or main purpose is to deter the taking of industrial action, or penalising employees for having done so.
Regulations are to follow, so there will be more details at that time.
There will also be changes to Trade Union Political funds. At the moment, Trade Union members take a positive step to “opt in” to make political contributions; from 18 February 2026 new members will be required to “opt out” instead.
Those employers managing payroll deductions in this regard will need to exercise care to ensure that only appropriate deductions are made.
April changes and preparing for 2026
Further changes are due to take effect in April, and we will continue to provide updates as the reforms progress.
In the meantime, please get in touch with our employment law team on 01772 258 321 if you would like support in auditing your ERA readiness and putting appropriate plans in place for your organisation.