The Employment Rights Act 2025 introduces a number of important changes to UK employment law, particularly around the timing of employment protections, enforcement, and expectations of fair treatment at work.
While the Act does not introduce new obligations around neurodiversity or reasonable adjustments, it does signal a broader shift in how early employment decisions are likely to be scrutinised.
For employers, this may mean reviewing how clearly expectations are set, how consistently decisions are made, and how confidently managers handle early conversations with employees.
For neuroinclusive workplaces, those changes are particularly relevant.
Earlier protections and what employers may need to consider
One of the most significant changes under the Act is the expansion of employment protections earlier in the employment relationship, including changes to unfair dismissal qualifying periods.
While this does not remove employers’ ability to manage performance or end employment where appropriate, it does mean that decisions made earlier in employment are more likely to be examined for fairness and process.
What this may mean in practice
Employers may wish to consider whether:
- Probation processes are clearly structured and consistently applied
- Performance expectations are explicit rather than assumed
- Feedback and decisions are appropriately documented
This is not a new legal requirement, but the Act may increase the importance of having clear evidence that decisions were reasonable and proportionate.
How this links to neuroinclusive practice
The Act does not require employers to consider neurodiversity or reasonable adjustments as part of probation. Those duties remain under the Equality Act.
However, as decisions are scrutinised earlier, employers may find it helpful to ensure that:
- Managers are confident having early conversations about working needs
- Performance concerns are explored carefully rather than assumed
- Environmental or communication barriers are considered before conclusions are reached
These considerations reduce risk and support fair treatment, even though they are not mandated by the Act itself.
Performance management and decision making
The Employment Rights Act reinforces the importance of fair and well-reasoned decision-making, particularly where employment is ended or terms are changed.
While the legislation does not prescribe how performance should be managed, it is likely to increase focus on:
- Clarity of expectations
- Proportional responses to issues
- Consistency across comparable situations
Neuroinclusive considerations
The Act does not require employers to change how they assess performance for neurodivergent employees. However, in practice, employers may wish to consider whether performance processes:
- Rely heavily on informal judgement or subjective criteria
- Adequately distinguish between performance, capability and unmet support needs
- Give employees a clear opportunity to understand and meet expectations
This supports fairness and reduces the likelihood of disputes, particularly as tribunal time limits extend.
Flexible working and fairness
The Act builds on existing flexible working reforms and strengthens expectations around how requests are considered.
While it does not create an automatic right to flexible working, it does place greater emphasis on:
- More meaningful considerations
- Consultation with employees
- Being able to clearly explain any decisions
What employers may want to review
Employers may wish to consider:
- Whether flexibility is approached consistently across teams
- How refusals are explained and documented
- Whether managers understand how to explore alternatives
Relevance for neuroinclusive workplaces
Although the Act does not reference neurodivergence, flexible working is often a key enabler for neurodivergent employees.
Clearer, more structured approaches to flexibility can reduce reliance on individual manager discretion and create more predictable, fair systems for everyone.
Sick pay, wellbeing and early support
From April 2026, statutory sick pay will be payable from day one and will apply more widely.
This change does not impose new wellbeing duties on employers, but it may influence workplace culture and expectations around absence and support.
For neuroinclusive workplaces, employers may wish to consider how:
- Absence policies are communicated and how accessible they are, using inclusive language
- Managers handle wellbeing conversations
- Early support is offered before any issues escalate
What the Act does not change
It is important to be clear that the Employment Rights Act does not:
- Replace the Equality Act 2010
- Introduce new reasonable adjustment duties
- Change the definition of disability
Existing obligations around reasonable adjustments remain exactly as they are.
What the Act does is increase the importance of how early and how clearly employers manage people, which may naturally intersect with inclusive practice.
How Enna supports employers to navigate this safely
At Enna, we support employers to interpret legislative change carefully and proportionately.
Our work does not focus on adding legal obligations that do not exist. Instead, we help organisations:
- Strengthen clarity and consistency in people processes relating to neurodivergent employees
- Build manager confidence and capability to have those early conversations with neurodivergent employees, through our specialist neurodiversity training
- Reduce reliance on informal or inconsistent decision-making
- Embed neuro-inclusive thinking in ways that support fairness and good management
The Employment Rights Act does not require employers to become neuroinclusion experts. It does, however, make strong, consistent management practice more important than ever.
Important note
This article is intended as general information and should not be treated as legal advice. Employers should seek specialist legal guidance for specific scenarios.