Consultation on Fair Work Agency and holiday pay compliance
The UK Government has launched a consultation on how the Fair Work Agency ("FWA") will approach holiday pay compliance and enforcement in 2027. The FWA will have the power to take enforcement action on behalf of workers where statutory holiday pay has been underpaid, not paid or incorrectly calculated. FWA enforcement will sit alongside a worker's right to bring an employment tribunal claim; it will not replace it. The consultation covers issues including time limits for FWA enforcement, penalty levels and whether the current naming and shaming of employers who fail to pay the national minimum wage should be extended to cover holiday pay. The consultation is open until 22 September.
Regulations implementing 6-month time limit for certain tribunal claims
The ERA 25 extends the time limit for making most statutory employment claims to six months. Two statutory instruments have now been approved by Parliament that cover claims that were omitted from the ERA 25. Both regulations will come into force on 1 October 2026. Although commencement regulations for the other claims being extended via ERA 25 are still awaited, it is anticipated they will also come into force on 1 October 2026.
The new six-month time limit will only apply where the date of the act complained of falls on or after 1 October 2026 or, in the case of a breach of contract claim, where the effective date of termination ("EDT") or, where there is no EDT, the last day the employee worked falls on or after that date. All claims based on acts that arose wholly before 1 October 2026 will still need to comply with the current three-month time limit. Legislation extending the time limit for breach of contract claims in Scotland is yet to be brought forward by the Scottish Ministers.
Protection from dismissal for taking part in official industrial action
The ERA 25 amended the Employment Rights Act 1996 ("ERA 96") to make bringing claims for automatic unfair dismissal more straightforward where the reason, or principal reason, for the dismissal was participation in protected industrial action. This change took effect in February 2026. However, a further amendment to the ERA 96 was needed to ensure that claims where the reason for the dismissal was selection for redundancy on the grounds of taking part in protected industrial action were also made more straightforward. This has now been achieved via the draft Trade Unions (Permissible Means of Voting) and Employment Rights (Unfair Dismissal) (Amendment) Order 2026. The Order is expected to come into force in August 2026.
Trade union workplace access consultation response and draft Code of Practice
The UK Government has published the Government Response to the consultation on the draft Code of Practice and trade unions' right of access to workplaces, and the final draft Code of Practice: Right of Trade Unions to Access Workplaces ("the Code"). Two related statutory instruments have also been laid before Parliament: the draft Trade Unions (Right to Access Workplaces) Regulations 2026 and the Trade Unions (Right to Access Workplaces) (Required Information) Regulations 2026. The Code and Regulations set out the detail of how access requests and responses should be made and the involvement of the Central Arbitration Committee in the process. The Code includes some template documentation.
Following Parliamentary approval, it is expected that the Code and relevant provisions of ERA 25 will come into force on 30 October 2026.
Government response to consultation on revised Access and Unfair Practices Code of Practice
The ERA 25 makes changes to access arrangements for unions and to the way in which unfair practices are dealt with during recognition and derecognition processes. It also updates the legal framework around statutory trade union recognition. The UK Government response to its consultation on the revised Code of Practice on Access and Unfair Practices During the Recognition and Derecognition Process was published on 6 July. An updated Draft Code of Practice: Access and Unfair Practices During the Recognition and Derecognition Process has also been published, reflecting the changes being made by the ERA 25. Subject to Parliamentary approval, the updated Code is expected to come into effect in October 2026.
Updated Acas Code on time off for trade union duties and activities laid before Parliament
The updated Draft Acas Code of Practice on time off for trade union duties and activities ("the Code") has been laid before Parliament. The Code, which provides practical guidance on the right for trade union officials to take paid time off, has been updated to align with changes introduced by the ERA 25. This includes the rights to facilities for union officials and learning representatives, as well as rights to time off and facilities for union equality representatives. The intention is that the Code will be brought into force alongside the ERA 25 changes in October 2026.
