Significant tranche of ERA 25 rights to come into effect in October
A reminder that October will see a significant number of new rights and duties come into effect, many of which require a prepared, practical response from employers. For more information on this see Employment Rights Act Changes 2026: Are You Prepared? and join our September webinar which looks at all of the important October changes. For more information and to register for our webinar on 24 September go to Upcoming Employment Law Webinars.
Statutory Code of Practice on Electronic and Workplace Balloting for Statutory Trade Union Ballots
The UK Government has published a new statutory Code of Practice on Electronic and Workplace balloting ("the Code"). The Code provides practical guidance to independent scrutineers and trade unions for the use of electronic and workplace balloting methods for statutory trade union ballots. It also provides information relevant to employers and trade union members to support their understanding of, and participation in, the ballots. Electronic and workplace balloting for statutory trade union ballots were introduced, via the ERA 25, with effect from 25 August 2026, with the Code expected to come into force concurrently.
Consultation on draft revised Code of Practice on tipping
The UK Government has opened a Consultation on the Draft Revised Code of Practice on Fair and Transparent Distribution of Tips ("the Code"). ERA 25 will place new obligations on affected employers to consult with recognised trade union or worker representatives both before initial production of a tipping policy, and on its review (at least once every three years). Employers must also provide an anonymous summary of the views expressed in the consultation. Once in force, employers must have regard to the Code when designing and implementing their tipping policies and procedures. After criticism of an earlier draft of the Code, it was withdrawn to allow for public consultation. The revised draft is substantially the same as the earlier version but contains a change log identifying proposed changes. The consultation is open until Tuesday 29 September. The new obligations are expected to come into effect by the end of 2026.
UK Government response to consultation on introduction of Fair Pay Agreements published
The UK Government has published its response to the consultation on the Fair Pay Agreement process in adult social care in England. The response confirms that an Adult Social Care (ASC) Negotiating Body will be established in England and provides further detail on how it will operate. Representation on it will be based on an equal number of worker and employer representatives. Local government will have a role in the negotiation process but will not vote on final agreements. Aimed at improving pay, terms and professional development within the sector, the first Fair Pay Agreement is expected to take effect in 2028/29.
