Changes to the Employment Rights Act with effect from 1st October 2026 and 1st January 2027
The purpose of this LTB is to advise Branches of some significant changes to the Employment Rights Act relating specifically to issues relevant to unfair dismissal, due to come into force in January 2027.
These are changes in addition to the changes that have already become effective from the 1st of October this year.
From 1st October 2026
The time limit for bringing most Employment Tribunal claims increases from three months to six months. The change applies where the date of the event giving rise to the complaint falls on or after 1st October 2026.
From 1st January 2027
- Unfair dismissal qualifying period reduced to six months (previously 2 years) – applies to dismissals from 1st January 2027.
- Unfair dismissal compensation cap removed – (previously capped at 1 years pay) Section 124 ERA 1996 repealed, allowing awards based on actual financial loss.
These measures taken together represent a significant step in the right direction for employee rights at work and specifically their right not to be unfairly dismissed.
Branch Secretaries and Legal and Medical Secretaries should familiarise themselves with these changes when consulting with members. Further, arrangements are being made to amend the electronic versions of the Members Consultation Pack to reflect these changes.
Any queries relating to the contents of this LTB should be sent to employmentlaw@cwu.org
Yours sincerely,
Ian Taylor
Head of Legal Services
26LTB280 – CHANGES TO THE EMPLOYMENT RIGHTS ACT WITH EFFECT FROM 1ST OCTOBER 2026 1ST JANUARY 2027
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