The Employment Rights Act 2025 (Commencement No. 1) Regulations 2026 confirm the provisions of the Employment Rights Act 2025 that took effect from 6 April 2026. The Act is the most significant overhaul of individual employment rights since the Employment Rights Act 1996.
Day-one unfair dismissal right. The two-year qualifying period for unfair dismissal has been reduced. Employees can now bring an unfair dismissal claim after a new statutory minimum period of three months' continuous employment (down from two years), subject to a modified "fairness" test that allows dismissal during probationary periods for genuine capability, conduct, and redundancy reasons if a fair process is followed. The right is in Employment Rights Act 1996, s.94 as amended. ACAS has published updated guidance on the new probationary period dismissal procedure.
Fire and rehire restrictions. Dismissal and re-engagement (fire and rehire) as a means of varying contractual terms is now an automatically unfair reason for dismissal, except where the employer can demonstrate a genuine financial crisis and consulted the ACAS-revised statutory code. The Statutory Code of Practice on Fire and Rehire took effect alongside the Act.
Zero-hours guaranteed-hours right. Workers on zero-hours or low-hours contracts who work regular hours for 26 weeks have the right to request a guaranteed-hours contract reflecting their average working pattern. Employers must respond within one month and can refuse only on specified grounds. Provisions on reasonable notice of shifts and compensatory pay for cancelled shifts also commenced in April 2026. ACAS guidance on zero-hours contracts has been updated to reflect the new rights.
Further provisions — including enhanced collective consultation rights and trade union access rights — are subject to a second commencement order expected in October 2026. The full commencement timetable is published on legislation.gov.uk. The Employment Tribunals Service has updated its claim guidance to reflect the new qualifying periods.