This page sets out the main Employment Rights Act changes that managers need to be aware of. Some of the detail is still to be confirmed, but the changes are expected to affect areas set out below. The purpose of this information is to give managers an early sense of what is coming and what they may need to start thinking about.
Further information will be provided when regulations, implementation dates and Council guidance are confirmed.
When are the changes expected to start?
The changes are being brought in gradually, rather than all at once. The table below gives a simple guide to the dates managers need to be aware of. Some dates may still move if further regulations or guidance change.
From when? | What changes? | What managers need to know |
Already in place from April 2026 | Statutory Sick Pay changes and the Fair Work Agency | SSP is now expected to apply from the first qualifying day of sickness absence, and record keeping will become increasingly important. |
By 31 August 2026 | Electronic and workplace trade union balloting | This mainly affects trade union processes. Managers should continue to work constructively with recognised trade unions. |
From 1 October 2026 | Longer Employment Tribunal time limits | The time limit for most tribunal claims is expected to increase from three months to six months, so decisions and records may be scrutinised for longer. |
From 30 October 2026 | Sexual harassment and wider trade union reforms | Managers should make sure concerns are taken seriously, reporting routes are clear, and requests connected to trade union access or equality representatives are handled consistently. |
Expected from January 2027 | Unfair dismissal and fire and rehire changes | Employees are expected to gain unfair dismissal protection after six months rather than two years. Fair process, early management action and good records will be important. |
Expected during 2027 | Further changes, including zero-hours and casual working reforms | More detail is still awaited. Managers should start reviewing areas where casual workers are used regularly or predictably. |
FAQs
Unfair Dismissal
Q: Can we extend the six-month qualifying period if an employee has been absent during their first six months?
A: No. The six-month period is based on length of employment, not attendance at work.
What this means for managers
The Council is not introducing a formal probationary period. Instead, managers should use existing arrangements to support and assess employees, including:
- the new recruitment and onboarding approach;
- Quality Conversations;
- the Competency Framework;
- the Way We Work Together behaviours; and
- regular supervision and feedback.
Address any concerns about performance, attendance or conduct as early as possible.
Q: Can we dismiss someone just before they reach six months’ service?
A: Care is required. Statutory notice rights can affect when employment legally ends and may mean the employee gains unfair dismissal protection.
What this means for managers
Do not leave employment decisions until the last few weeks of an employee’s first six months. Early conversations, clear expectations and timely management action are essential.
Q: Will employees need six months’ service to qualify for redundancy pay?
A: No. The qualifying period for statutory redundancy pay remains two years.
What this means for managers
Employees with more than six months’ service may still be able to challenge a redundancy dismissal if a fair process has not been followed, even where redundancy pay is not due.
Q: Will there be a new probationary period under the Employment Rights Act?
A: No. The legislation does not require employers to introduce probation and Argyll and Bute Council is not proposing at this stage to do so.
What this means for managers
Continue to use existing arrangements, including recruitment processes, Quality Conversations, Competency Framework and Way We Work Together behaviours, to support employees and address concerns promptly.
Q: How do the changes affect fixed-term contracts?
A: The expiry of a fixed-term contract is treated as a dismissal in law.
What this means for managers
Where an employee has over six months’ service, managers should ensure there is a clear reason for ending the contract and that an appropriate process has been followed.
Q: What process should be followed where an employee has more than six months’ service?
A: The same principles that currently apply after two years’ service are expected to apply after six months.
What this means for managers
Managers should ensure decisions are supported by:
- a fair reason;
- appropriate evidence;
- a fair procedure; and
- clear records.
Good management practice and record keeping will become increasingly important.
Q: Does previous local government service count towards qualifying service for unfair dismissal?
A: Usually not.
What this means for managers
Previous local government service may count for some employment rights, such as redundancy calculations, but will not normally count towards qualifying service for unfair dismissal.
Sexual Harassment and Third-Party Harassment
Q: What should managers do to prepare for the strengthened duty to prevent sexual harassment?
A: Employers will be expected to take proactive steps to prevent sexual harassment rather than simply responding when complaints arise.
What this means for managers
Managers should:
- promote respectful behaviour;
- challenge inappropriate conduct;
- ensure staff know how to report concerns;
- respond promptly to concerns raised; and
- complete any required training.
Preventing harassment should form part of everyday management practice.
Q: Does third-party harassment include members of the public, contractors and visitors?
A: Potentially, yes.
What this means for managers
Managers should take concerns seriously regardless of whether the behaviour comes from a colleague, service user, contractor, customer or visitor.
Q: Does the duty apply when employees are travelling or working away from their normal workplace?
A: Potentially, yes.
What this means for managers
Employee Code of Conduct standards of behaviour apply during work-related travel, conferences, training events and other activities undertaken on behalf of the Council.
Statutory Sick Pay (SSP)
Q: Will SSP be paid from the first day of sickness absence?
A: Yes. The current waiting period is expected to be removed.
What this means for managers
Employees who qualify for SSP are expected to become entitled from the first qualifying day of absence.
Q: Will the SSP changes affect casual and relief workers?
A: Yes. More workers are likely to qualify for SSP than under current arrangements.
What this means for managers
Do not assume that casual or relief workers are excluded from SSP entitlement.
Q: Could somebody receive SSP while working elsewhere?
A: SSP is only payable where an individual is genuinely unable to work because of illness.
What this means for managers
Any concerns regarding sickness absence should be managed through the normal supporting attendance procedures.
Trade Union Reform
Q: Will councils be required to recognise trade unions?
A: No, but proposed reforms are intended to make recognition easier where employees support it.
What this means for managers
Continue to engage positively and constructively with recognised trade unions.
Q: How will the new union access rights affect existing arrangements?
A: Further regulations are expected, but unions are likely to gain stronger rights to communicate with employees.
What this means for managers
You may see increased requests for access to employees, facilities or communication channels.
Q: What could trade union workplace access mean in practice?
A: Trade unions may gain additional rights to engage with employees in the workplace.
What this means for managers
Managers should balance operational requirements with constructive industrial relations and partnership working.
Q: What is a Trade Union Equality Representative?
A: A representative whose role focuses on supporting equality, diversity and inclusion issues within the workplace.
What this means for managers
You may receive requests for reasonable paid time off to allow Equality Representatives to carry out training or undertake their duties.
Fire and Rehire
Q: Should managers be more cautious when agreeing permanent changes to working patterns?
A: Yes.
What this means for managers
Before agreeing permanent changes to hours or working arrangements, consider longer-term service impacts and seek advice where necessary. Review periods may be more appropriate in some situations.
Q: What happens if employees do not agree to a proposed contractual change?
A: The legislation is expected to make it significantly harder to dismiss and re-engage employees to impose changes.
What this means for managers
Early engagement, meaningful consultation and seeking agreement will become even more important.
Zero-Hours and Casual Working
Q: Are zero-hours/casual contracts being abolished?
A: No.
What this means for managers
Casual and relief arrangements will continue to have a role where they genuinely meet service and employee needs.
Q: What should managers do now to prepare for changes affecting casual workers?
A: Detailed regulations are still to be published.
What this means for managers
Review areas where casual workers:
- regularly work the same pattern of hours;
- consistently work additional hours; or
- are filling ongoing rather than occasional workforce needs.
Fair Work Agency
Q: What is the Fair Work Agency?
A: A new national enforcement body that is expected to oversee compliance with a range of employment rights.
What this means for managers
There is likely to be greater emphasis on compliance, record keeping and demonstrating that employment practices are being applied consistently.
Q: Do managers need to do anything differently because of the Fair Work Agency?
A: Not immediately, but good employment practices will become increasingly important.
What this means for managers
Managers should ensure:
- records are accurate;
- annual leave and attendance are recorded properly;
- decisions are documented;
- Council procedures are followed consistently; and
- concerns are addressed promptly.
Good record keeping and clear audit trails will be increasingly important going forward.