A quarter of HR professionals feel unprepared to implement new Employment Rights Act measures landing in October.
That’s according to new analysis from Breathe HR, which surveyed over 500 HR professionals to understand how prepared their organisations are for the next waves of reform.
The Employment Rights Act became law in December 2025. New measures are being introduced in stages. The next change to be implemented lands on 1st October, when the deadline for bringing employment tribunal claims will extend from three months to six. According to Breathe HR’s analysis, more than one in five HR professionals (22%) say their organisation isn't ready for it.
This isn’t the only imminent change HRs are concerned about. Nearly one in five (18%) feel unprepared for the strengthened duty on employers to prevent sexual harassment. A further fifth (18%) aren’t ready for new trade union access and recognition rights, whilst 1 in 4 (27%) feel unprepared for new rules around employer liability for harassment of staff by third parties. Each of these measures will come into effect from 30th October this year.
The findings suggest the pace of reform is stretching HR teams into unfamiliar territory. More than a quarter of respondents (28%) say interpreting and implementing employment law has become a new or expanded part of their job in the past two years, rising to half (50%) of C-level HR leaders.
As a result, many are learning as they go. One in four HR professionals (24%) said they’ve learned to interpret employment law on the job, without formal training. One in five (20%) have used AI to understand what new legislation means in practice, pointing to a level of complexity that’s creating a knowledge gap.
The impact extends beyond the HR department. Nearly two-thirds of HRs (63%) say recent employment law reforms have made leadership more cautious about hiring, suggesting uncertainty around the potential impact of new legislation is feeding into workforce planning and contributing to a tight jobs market.
Bharat Siyani, VP People & Culture at Breathe HR, said:
“A change in the law only becomes meaningful when it is reflected in day-to-day practice. The October Employment Rights Act reforms will affect situations employers deal with every week: a difficult interaction with a customer, a manager responding to a complaint, or a grievance that resurfaces months after the event. There’s lots for HRs to get their heads around: the new rules are complex and it’s new territory for many. It’s unsurprising that many feel unprepared or are turning to technology for support.
With tribunal time limits doubling, employers may need to rely on notes and grievance records created long before a claim is made, possibly after the manager involved has moved on. Organisations should be reviewing their policies, sense-checking their reporting protocols, refreshing manager training and checking their record-keeping now, rather than discovering gaps in a few months when a complaint lands on their desk.
We have lots of advice and resources in our Employment Law Changes Toolkit to help HR teams stay ahead.”
According to the findings, HR teams also report low readiness for Employment Rights Act measures due in 2027. A quarter (26%) say their organisation isn't ready for restrictions on "fire and rehire" practices, and 23% for the reduction in the unfair dismissal qualifying period, both expected from January 2027. Nearly one in four (24%) aren't ready for changes to guaranteed hours for zero- and low-hours workers, which is also due to come into effect next year.
About the survey
The research was conducted by Censuswide, among a sample of 501 UK HR professionals (aged 18+). The data was collected between 08.09.2026 - 14.09.2026. Censuswide is a member of the Market Research Society (MRS) and the British Polling Council (BPC), and a signatory of the Global Data Quality Pledge. We adhere to the MRS Code of Conduct and ESOMAR principles.
