A simple guide to the Employment Rights Act 2025
For students who work part-time, casually, in hospitality, retail or alongside their studies.
THE BIG PICTURE
The Act changes several workplace rights. Some changes are already in force, while others are due to start during 2027. The rules that apply to you can depend on whether you are an employee, a worker or self-employed.
First: does the law apply to me?
Being a student does not give you a separate type of employment status. Your rights depend on your working arrangement and the particular right involved.
- Employee: you usually work under an employment contract and have a range of employment rights.
- Worker: you may work casually or on some zero-hours arrangements and still have important rights.
- Self-employed: you run your own business or provide services independently. Different rules may apply.
If you are unsure what status you have, check your contract and get advice before assuming a particular right applies.
Changes that are already in force
1. Sick pay from the first day
In force from 6 April 2026
If you are eligible for Statutory Sick Pay (SSP), it can now be paid from the first day you are off sick.
- The previous minimum earnings threshold has been removed.
- You no longer have to wait until the fourth day of sickness for SSP to start.
- If you earn less, the amount is calculated using the applicable percentage of your average weekly earnings or the standard SSP rate, whichever is lower.
What this could mean for you: You work a small number of shifts in a café or shop and earn less than the old earnings threshold. You may now qualify for SSP, if you meet the other rules.
2. Parental and paternity leave from day one
In force from 6 April 2026
You no longer need to work for your employer for a qualifying length of time before you can access ordinary unpaid parental leave or paternity leave.
- Paternity leave is a day-one employment right.
- Ordinary unpaid parental leave is a day-one employment right.
- This change gives you the right to take leave; it does not automatically mean the leave is paid.
What this could mean for you: If you become a parent while studying and working, you do not have to wait until you have built up the previous qualifying service to access these leave rights.
3. Better protection against sexual harassment at work
In force from 30 October 2026
Employers must take all reasonable steps to prevent sexual harassment of employees. They must also not permit third parties to harass their employees.
- Third parties can include customers, clients, suppliers and members of the public.
- This is especially relevant in customer-facing jobs, including bars, restaurants, shops and nightlife venues.
What this could mean for you: If a customer sexually harasses you while you are working, your employer has responsibilities to prevent and address this behaviour.
4. More time for many employment tribunal claims
In force from 1 October 2026
The time limit for bringing most employment tribunal claims has increased from three months to six months.
- This may give you more time to bring a claim about certain workplace problems.
- Not every type of claim has the same deadline, and transitional rules may apply to incidents before the change.
What this could mean for you: Do not assume you have six months for every claim. Get advice as soon as possible if something happens at work.
Changes coming up
The dates below are the planned dates set out in the source briefing, which was current on 5 November 2026. Dates and details may change as the rules are brought into force.
| | |
| Some breach-of-contract tribunal time limits change in Scotland. | Mainly relevant if you work in Scotland. |
| New seafarer employment protections. | Relevant to students working in the maritime sector. |
| Unfair dismissal qualifying period reduces to six months. | May give employees with six months’ service access to ordinary unfair dismissal protection. |
| Employers must tell workers about the right to join a trade union. | Useful for part-time and casual workers. |
| New consultation rules about tipping policies. | Relevant to hospitality workers who receive tips or service charges. |
| Fire and rehire protections. | Protection against dismissal to impose certain detrimental contract changes. |
| Gender pay gap and menopause action plans for relevant public authorities. | Relevant to qualifying public-sector employers. |
| Statutory bereavement leave, including pregnancy loss. | Relevant to workers dealing with bereavement and family circumstances. |
| Changes to collective redundancy calculations. | Relevant to larger employers and affected workforces. |
| Electronic trade union recognition and derecognition ballots. | Changes to how workplace union recognition votes can take place. |
| Restrictions on NDAs covering workplace harassment and discrimination. | Aims to protect people speaking about workplace misconduct. |
| Changes to flexible working refusals. | Relevant if you need to balance work with lectures, exams or placements. |
| Stronger pregnancy and maternity dismissal protections. | Relevant to student parents and workers. |
| Umbrella company regulation. | Relevant to some agency and temporary workers. |
Three changes to look out for
From 1 January 2027: unfair dismissal
Planned start date: 1 January 2027
The qualifying period for an ordinary unfair dismissal claim is due to reduce from two years to six months.
- The cap on compensatory awards for unfair dismissal is also due to be removed.
- You will still need to meet the legal requirements for a claim, and exceptions apply.
- Some types of automatically unfair dismissal already have different protections.
What this could mean for you: If you have worked for an employer for eight months, you may be able to bring an ordinary unfair dismissal claim if you are dismissed unfairly.
From 1 January 2027: tips and service charges
Planned start date: 1 January 2027
Employers will have to involve workers or their representatives when creating or reviewing tipping policies.
- Employers will have to share an anonymised summary of feedback.
- Tipping policies must be reviewed and updated at least every three years.
What this could mean for you: If you work in a pub, restaurant, hotel or café, you may have a chance to give feedback on how tips are handled.
From October 2027: flexible working requests
Planned start date: October 2027
If an employer refuses a flexible working request, they will have to say which of the eight permitted business reasons they are relying on and explain why they think the refusal is reasonable.
- This does not mean every request has to be approved.
- It may help if you need to ask for changes around lectures, exams or placements.
What this could mean for you: You could ask to change your shifts during exam periods. Your employer will still be able to refuse for a permitted business reason, but will need to explain the decision.
Zero-hours contracts: what may change?
The start date has not yet been confirmed. These protections are part of the Act, but should not be treated as rights that are already in force.
If you work on a zero-hours or low-hours contract, the Act is intended to introduce:
- Guaranteed hours: eligible workers will have the right to be offered guaranteed hours that reflect the hours they regularly work over a reference period. You can reject the offer and stay on your existing zero-hours arrangement.
- Notice of shifts: employers will need to give reasonable notice of shifts and changes to shifts.
- Compensation for cancelled shifts: workers will have rights to compensation when shifts are cancelled, moved or shortened at short notice.
Example: You are scheduled to work Friday and Saturday evenings. You plan your budget around those shifts, but your employer cancels them a few hours beforehand. The new rules are intended to provide protection against this kind of uncertainty.
The consultation on the detailed rules closed on 25 August 2026. The Government is considering the responses.
What can I do if I have a problem at work?
- Keep a copy of your contract, rota, payslips and messages about shifts or changes.
- Write down what happened, when it happened and who was involved.
- Raise the issue with your manager or HR team if it feels safe and appropriate.
- Ask for the employer’s policy or a written explanation of a decision.
- Get advice promptly. Some employment deadlines are short, even where a time limit has been extended.
Remember: This guide is general information, not legal advice. Your rights depend on your employment status, the facts and the rules in force at the time. The implementation timetable is based on information available on 5 November 2026.
Useful places to get reliable information
- GOV.UK – Employment Rights Act implementation timeline: https://www.gov.uk/government/collections/employment-rights-act-2025
- Acas – Advice about employment rights and workplace problems: https://www.acas.org.uk/
- Legislation.gov.uk – Employment Rights Act 2025: https://www.legislation.gov.uk/