CLC points construction employers to Employment Rights Act guidance ahead of 1 January changes

The Construction Leadership Council (CLC) has published a round-up of guidance for employers on the Employment Rights Act 2025, ahead of changes on 1 January that will give workers unfair dismissal protection after six months' service.

The CLC said on 12 November that the Act became law in December 2025 and is being introduced over a two-year period. Measures on trade unions and protection from sexual harassment came into effect on 30 October 2026, it said, and a new duty to inform workers of their right to join a union and the shorter unfair dismissal qualifying period follow on 1 January.

"This means that anyone with six months' service on 1 January will be protected from unfair dismissal," the CLC said. It told employers to take their own advice on the changes most relevant to them and to make sure they take steps to comply.

The Department for Business and Trade (DBT) said the Act received Royal Assent on 18 December 2025, with more than 15 million people across the UK expected to benefit. Peter Kyle, Secretary of State for Business and Trade, said at the time: "The landmark Employment Rights Act will transform workplace law for the 21st century".

Unfair dismissal

The government's implementation timeline lists the reduction of the unfair dismissal qualifying period to six months for dismissals from 1 January 2027. The DBT described the move from 24 months to six months, on 27 November 2025, as part of a workable package agreed after talks between unions and business representatives.

Acas, which the CLC directs employers to for free advice, said the Act does not affect probation periods, which remain non-mandatory and of any length. Employers can still dismiss employees fairly after six months of employment, Acas said, adding that employers might want probation periods to end before someone gains protection from unfair dismissal.

Duty to inform

From 1 January 2027 employers must give workers in Great Britain a written statement of their right to join a trade union, according to government guidance on business.gov.uk. New workers must receive it at the same time as their statement of employment particulars.

Existing workers must be given the statement by 5 April 2027, and employers must then provide it annually by 5 April in each following year, the guidance says. The legislation underpinning the duty is expected to be laid before Parliament in November 2026, and the CLC said further guidance is due this month.

The same guidance says independent trade unions have had a new right since 30 October 2026 to access workplaces and engage with workers, and that employers must respond to an access request within 15 working days.

Harassment and tribunals

Since 30 October 2026 employers must take all the steps that are reasonable for their organisation to prevent sexual harassment, government guidance says, and must not permit harassment of their employees by third parties such as customers and clients. The CLC pointed employers to the Equality and Human Rights Commission's eight-step guide and technical guidance on the measures.

Separately, the government timeline says the time limit for bringing an Employment Tribunal claim rose from three to six months on 1 October 2026.

What happens next

The government said all future dates in its timeline remain subject to parliamentary processes and may change. Timings for the right to guaranteed hours and to reasonable notice of shifts have not yet been fixed and will be updated after consultation, it said.

The CLC said the government has published factsheets covering all policies in the Act; the DBT's collection, last updated 15 May 2026, includes factsheets on unfair dismissal, trade unions, umbrella companies and zero hours contracts. BIST has also updated a stakeholder communications toolkit, which the CLC said is for trade associations and intermediaries rather than individual businesses.

The six-month unfair dismissal threshold applies to dismissals from 1 January 2027, with the first trade union statements to existing staff due by 5 April 2027.