ERA 2025 compliance checklist for HR teams
The Employment Rights Act 2025 introduces or amends a wide range of obligations for UK employers, phased in across 2024 to 2027. Not all of them carry equal risk, and not all of them require immediate action — but all of them need to be understood and assigned to someone. This checklist covers the highest-priority items for most businesses with 50 or more employees.
Contracts and documentation
☐ Probationary clauses updated to reflect that the ACAS Code applies regardless of service length (and the shorter unfair dismissal qualifying period from 1 January 2027)
☐ Flexible working clause updated to reflect day one requests and two-request allowance
☐ Zero-hours contracts updated to include regular-hours request process
☐ SSP clauses updated to reflect day one payment (no waiting days)
☐ Section 1 statement of particulars reviewed against updated required particulars
☐ Anti-harassment policy updated to cover third-party harassment prevention
☐ Parental leave policy updated to include neonatal care leave
☐ Tipping policy drafted (where applicable) and made accessible to all workers
Processes and procedures
☐ Probationary review process updated: scheduled meetings, documented concerns, written outcomes
☐ Dismissal process: all dismissals (including probationary) follow the ACAS Code procedure as good practice — and note the qualifying period drops to six months for dismissals on or after 1 January 2027 (two years applies until then)
☐ Flexible working request process: consultation requirement built in before any refusal
☐ Zero-hours monitoring: process in place to track regular hours over 12-week window
☐ Shift cancellation: process in place to calculate and pay compensation for cancelled shifts
☐ SSP administration: payroll system updated to calculate from day one
☐ Trade union access: policy on union access requests understood and documented
Risk areas by sector
Hospitality and retail: tips legislation, zero-hours rights, shift cancellation compensation, third-party harassment duty
Care and healthcare: zero-hours rights, SSP from day one, neonatal care leave
Logistics and warehousing: predictable hours right, shift cancellation
Professional services: flexible working day one right, third-party harassment
Manufacturing and construction: zero-hours or casual workers, shift cancellation, predictable hours
Trade union obligations (where a union is recognised)
☐ Information and consultation obligations reviewed
☐ Union access policy reflects new access rights
☐ Collective consultation triggered where required for pay or contract changes
How to prioritise
If you can only do three things: (1) update employment contracts and probationary clauses, (2) train managers that the ACAS Code applies regardless of service length and that the unfair dismissal qualifying period drops to six months in 2027, and (3) review zero-hours and flexible working processes. These three address the highest-probability claim areas.
For the full legislative detail on each obligation, see our guides on day one unfair dismissal rights, flexible working as a day one right, and how to update employment contracts for ERA 2025.
Mellow's Predictive Compliance maps the Employment Rights Act 2025 changes to your current configuration and flags which are outstanding — so you do not need to work through the legislation yourself. [Start a free trial →](https://mellowhr.com/register)