ERA 25 October changes
October marks the commencement of the second significant tranche of reforms under the Employment Rights Act 2025, bringing into force a number of new and amended employment rights and duties. For further detail of these changes, which include new and extended harassment protections, important trade union rights and a change to the time limit for raising employment tribunal claims, see Employment Rights Act 2025: Key October 2026 Changes for Employers | MFMac
Duty to inform workers of right to join a trade union delayed and consultation response published
The UK government has confirmed that the duty on employers to inform workers of their right to join a trade union is to be delayed from October 2026 until January 2027. The other trade union-related changes due to take effect in October are proceeding as planned.
The UK government response to the consultation on the duty has also been published. This confirms details relating to the form, content, manner and frequency of how employers must inform workers of their right to join a trade union.
Government response to consultation on improving access to flexible working
The UK government has published its response to the consultation on improving access to flexible working. The government response confirms that the UK government will introduce secondary legislation setting out a process that employers must follow before rejecting a flexible working request. Both this legislation and the reasonableness test introduced via ERA 25 are intended to take effect in autumn 2027. Acas is to publish an update to its Code of Practice on requests for flexible working for public consultation. This will set out new statutory guidance for employers and employees and take effect at the same time as the other reforms.
Government response to consultation on bereavement leave
The UK government has also published its response to the consultation on its proposals for bereavement leave. The UK government response confirms bereavement leave will be a day 1 right for all employees. It will be available to those who suffer the loss of specified close familial relations and equivalent parental relationships for those raised in kinship arrangements or by foster carers. It will also be available for those who experience any form of pregnancy loss before 24 weeks, including the other biological parent, partners and intended parents in a surrogacy arrangement.
A period of up to two weeks' unpaid leave may be taken within 56 weeks of the bereavement and can be taken in discontinuous single days. Any form of notice is acceptable and should be given as soon as reasonably practicable, including on the day of the loss, if it is to be taken within the first 8 weeks. Thereafter, one week's notice is required. There are no evidential requirements for this entitlement. Guidance is to be published to help employers implement the leave and support their employees. The right is due to come into force in April 2027 and will operate alongside the existing statutory entitlement to paid parental bereavement leave.
