The employer roadmap from November 2026 into 2027: what is coming and the trends that will shape the year ahead

October 2026 brought longer tribunal time limits, a stronger harassment duty, new trade union rights and a fresh Statement of Changes to the Immigration Rules. The months ahead are just as significant. This roadmap sets out the confirmed dates, the changes still awaiting a date, and the trends employers should plan around.

November and December 2026

• 9 November. Time limit for breach of contract claims in Scotland extends to six months
• By the end of 2026. Employers must consult workers before creating or reviewing a tipping policy, share an anonymised summary of the feedback and review the policy at least every three years
• 17 December. Acas consultation on its draft Code of Practice on flexible working requests closes
• 9 December. Under the EU Settlement Scheme, an expired biometric residence permit can no longer be used as identity evidence
• 31 December. The interim Temporary Shortage List and the Immigration Salary List expire

1 January 2027

• Unfair dismissal qualifying period falls from two years to six months
• The cap on unfair dismissal compensation is removed
• Dismissal and rehire on worse terms becomes automatically unfair in most cases
• Employers must tell workers of their right to join a trade union

Later in 2027, dates to be confirmed

• Employers refusing flexible working requests must give a permitted business reason and explain why the refusal is reasonable
• Zero hours and low hours workers gain rights to guaranteed hours, reasonable notice of shifts and compensation for cancelled shifts
• A new right to unpaid bereavement leave
• Mandatory gender pay gap and menopause action plans for employers with 250 or more workers
• Collective redundancy thresholds assessed across the whole organisation
• NDA clauses preventing workers from disclosing harassment or discrimination become void
• Umbrella companies brought within the scope of agency regulation

Immigration developments to watch

The Government has indicated that its earned settlement policy will be published later this year. The Government’s response to the MAC’s Temporary Shortage List recommendations is expected before the current list expires, with a revised list from 2027. Sponsors should expect continued focus on salary compliance, right to work checks and the protection of sponsored workers.

Five trends that will shape the year ahead

• Probation becomes the critical risk point. With a six month qualifying period, the first six months of employment become the window for fair, documented decisions.
• Documentation stakes rise. Longer claim windows and uncapped unfair dismissal compensation make clear records the employer’s most valuable defence.
• Enforcement is more joined up. The Fair Work Agency, established in April 2026, brings enforcement of rights such as holiday pay and sick pay under one body, and holiday records must now be kept for six years.
• Collective relations return to the agenda. Union access rights and simpler recognition mean more employers will engage with unions for the first time.
• Workforce planning shifts from overseas recruitment to development. Narrower access to sponsorship for RQF 3 to 5 roles will push employers to train and progress existing staff.

A practical plan for the next three months

• Redesign probation processes so reviews are meaningful and completed before six months
• Review contracts, staff handbooks and dismissal procedures ahead of January 2027
• Plan how and when workers will be told of their right to join a trade union
• Decide on Certificate of Sponsorship assignments for roles on the current Temporary Shortage List
• Map ILR eligibility dates for sponsored workers
• Train managers on the harassment duty, probation and fair process

Davenport Solicitors supports employers with audits, policies, training and advice across employment law and business immigration. Call us on 020 7903 6888 or email contact@davenportsolicitors.com