Employment Policy Reviews: Why Timing Matters Under the Employment Rights Act 2025

The gaps that might appear in redundancy procedures, whistleblowing policies and employee handbooks under the Employment Rights Act 2025 are rarely dramatic on their own. A consultation threshold framed the old way, a whistleblowing category that hasn't been updated, a handbook clause that's slightly out of step with current pay rules — none of these typically cause a problem in isolation.

The risk is what happens when one of them is tested — or when more than one becomes relevant at the same time.

In practice, problems rarely arise simply because an employer is unaware of the law. More often, they arise because:

• an obligation is triggered earlier in a process than expected — for example, consultation duties applying at an organisation-wide level rather than the single site a manager was focused on;
• a situation is handled informally in the moment, without anyone recognising it now carries legal weight it didn't before — a harassment complaint treated as a routine HR matter rather than a protected disclosure, for instance; or
• decisions are made in isolation, without anyone stepping back to see how separate changes interact — a redundancy process and a complaint arising around the same time, each individually manageable, but harder to handle well together.

By the time any of this becomes apparent, options are often more limited. A redundancy process that's already underway is harder to adjust without risk. A complaint that's already been mishandled under an outdated policy can't be un-mishandled. The gap that could have been closed quietly in advance becomes part of a live dispute — and where multiple gaps interact, that dispute tends to be more complex to resolve.

This is why many employers across London and the South East are choosing to review their position now, rather than waiting for one of these documents to be tested in practice.

A review at this stage doesn't need to be exhaustive. It typically means:

• checking redundancy procedures and consultation frameworks against the Act's organisation-wide approach
• confirming whistleblowing policies reflect harassment as a potential protected disclosure, and that managers understand this
• checking handbook and contract wording against current statutory pay provisions

For most employers, this is a short, focused piece of work — not a full legal overhaul. But it closes the gap between what the Employment Rights Act 2025 now requires and what's actually in place, before that gap becomes the subject of a dispute rather than a quiet update.

The April 2026 changes addressed here are the first phase of a longer legislative programme. More significant reforms are due to follow: increased protection against sexual harassment, trade union rights of access to businesses and increased time limits for bringing employment claims are expected to take effect in October 2026, with the reduction of the qualifying period for unfair dismissal, the abolition of the compensation cap and a ban on fire and rehire following in January 2027.

These are not minor adjustments. For many employers, the October and January changes will require a more fundamental look at contracts, policies and how dismissal and workforce decisions are made — not just a clause-by-clause update. The groundwork for that review takes time to do properly: understanding current exposure, identifying what needs to change, and ensuring the right processes are in place before the provisions come into force rather than in response to them.

The most effective approach is to carry out a single, comprehensive review now — addressing the April changes and preparing for October 2026 and January 2027 together. This gives more time to prepare for the more significant changes ahead and is typically less time-consuming and less costly than returning to policies, procedures and contracts incrementally as each phase arrives.

Grant Saw's Employment team works with businesses across London and the South East to do exactly that — reviewing redundancy procedures and consultation frameworks against the Act's current and forthcoming requirements, updating whistleblowing policies and briefing managers on what has changed, auditing employment contracts and handbooks for accuracy against current statutory provisions, and providing ongoing support, training and legal health checks as the legislative programme continues to unfold.

Next reads in the series

Employment Law: The Issues Employers Are Asking About Most

Employment Rights Act 2025: Where Employer Policies Commonly Fall Short

FAQ

What happens if an employer doesn't review policies under the Employment Rights Act 2025?

Gaps tend to surface when a process is already underway — a redundancy, a complaint, a pay dispute — at which point options for addressing them are more limited. A gap that could have been closed quietly in advance becomes part of a live dispute, which is harder and more costly to resolve.

Does reviewing employment policies under the Employment Rights Act 2025 require a full legal overhaul?

Not usually. For most employers, it's a focused review of specific documents — redundancy templates, whistleblowing policies, handbooks and contracts — rather than a wholesale rewrite.

Should employers review employment contracts before October 2026?

Yes. The October 2026 and January 2027 changes under the Employment Rights Act 2025 will require contracts and policies to be reviewed. 

What further changes under the Employment Rights Act 2025 should employers be preparing for?

Further provisions are expected in October 2026 and January 2027, including the reduction of the two-year qualifying period for unfair dismissal claims and the abolition of the compensation cap. These go considerably further than the April 2026 changes and will require policies, contracts and processes to be reviewed.

How much time do employers realistically have to prepare for the October 2026 changes?

Less than most assume. The October 2026 provisions — including increased sexual harassment liability and extended tribunal time limits — require changes to policies, manager training and in some cases employment contracts. These take time to implement properly. Employers starting that process in September will already be behind.

About the Author

Michael Pope is Head of Employment and Corporate Commercial Specialist at Grant Saw Solicitors, where he leads the development of the firm's Business Services practice. With over four decades' experience, he advises businesses, directors and contractors on employment law, risk management, and company and commercial matters.

Michael began his career at Woolsey Morris & Kennedy Solicitors in 1983, becoming a partner in 1987, before founding Lawbridge Solicitors in 2008. He holds a Masters in Employment Law and Relations with Distinction from the University of Leicester and is regulated by the Solicitors Regulation Authority (SRA No. 128429).

Employment law advice

Our Employment team advises businesses, directors and contractors across London on employment law, risk management and the practical implications of legislative change. To discuss a review of your organisation's current position, call 020 8858 6971 or email michael.pope@grantsaw.co.uk or yasmin.awan@grantsaw.co.uk.

With the most significant changes under the Employment Rights Act 2025 still to come, Grant Saw's Employment team will be supporting clients with guidance, materials and direct access to key information as October 2026 and January 2027 approach. Subscribe to stay ahead — sign up for our updates here.

Disclaimer

This article is for general information only and is not legal advice. Laws and guidance change and outcomes depend on facts. If you need advice on your situation, please contact us. Grant Saw Solicitors LLP is authorised and regulated by the Solicitors Regulation Authority.

Last updated: 17 June 2026