Employment Rights Act | 'Fire & rehire' protections delayed until 2027 - breathing space for HR or greater legal risk later?

The Government has delayed the introduction of new protections against “fire and rehire”, pushing the ban back by more than three months to January 2027, under an updated timeline for the Employment Rights Act 2025.

Originally due to come into force in October 2026, the change gives employers additional breathing space before restrictions on dismissing and re-engaging staff on worse terms take effect. However, employment experts warn the delay should not be mistaken for a softening of policy intent, or a sign that the reforms will be less disruptive than first feared.

Instead, the revised timetable suggests ministers may be grappling with the scale and complexity of the reforms, which are expected to significantly reshape how employers manage contractual change, dismissals and workforce risk. 

For HR leaders, the additional time may offer planning headroom, but it does little to reduce the underlying legal and financial exposure the reforms are set to create.