For further information on the proposed changes under the Employment Rights Bill please see our previous updates here and here.
Here is a summary of the key implementation dates as set out in the government's Implementing the Employment Rights Bill roadmap:
Measures that will take effect at Royal Assent or soon afterwards include:
- Repeal of the Strikes (Minimum Service Levels) Act 2023.
- Repeal of the great majority of the Trade Union Act 2016 (some provisions will be repealed via commencement order at a later date).
- Removing the 10 year ballot requirement for trade union political funds.
- Simplifying industrial action notices and industrial action ballot notices.
- Protections against dismissal for taking industrial action.
Exactly when this will happen depend on how quickly the Bill passes through Parliament.
Measures that will take effect in April 2026 include:
- Collective redundancy protective award – doubling the maximum period of the protective award (to 180 days' pay).
- 'Day 1' Paternity Leave and Unpaid Parental Leave.
- Whistleblowing protections.
- Fair Work Agency body established.
- Statutory Sick Pay – remove the Lower Earnings Limit and waiting period.
- Simplifying trade union recognition process.
- Electronic and workplace balloting.
Measures that will take effect in October 2026 include:
- Fire and rehire changes.
- Bringing forward regulations to establish the Fair Pay Agreement Adult Social Care Negotiating Body Procurement - two-tier code.
- Tightening tipping law.
- Duty to inform workers of their right to join a trade union.
- Strengthen trade unions' right of access.
- Requiring employers to take “all reasonable steps” to prevent sexual harassment of their employees.
- Introducing an obligation on employers not to permit the harassment of their employees by third parties.
- New rights and protections for trade union reps.
- Employment tribunal time limits.
- Extending protections against detriments for taking industrial action.
Measures that will take effect in 2027 include:
- Gender pay gap and menopause action plans (introduced on a voluntary basis in April 2026).
- Rights for pregnant workers.
- Introducing a power to enable regulations to specify steps that are to be regarded as “reasonable”, to determine whether an employer has taken all reasonable steps to prevent sexual harassment.
- Blacklisting.
- Industrial relations framework.
- Regulation of umbrella companies.
- Collective redundancy – collective consultation threshold.
- Flexible working.
- Bereavement leave.
- Ending the exploitative use of zero hours contracts and applying zero hours contracts measures to agency workers.
- ‘Day 1’ right – protection from unfair dismissal.
Action
The roadmap provides a helpful outline of what we can expect and when. It is interesting to see that unfair dismissal becoming a 'Day 1' right and the amendments to zero hours contracts will not be in place until 2027. This may give some comfort to employers that they still have time to take proactive steps to prepare for the forthcoming changes. Employers may want to consider:
Reviewing employment contracts, policies and procedures
Recruitment processes should be reviewed and probationary periods stress tested – careful consideration should be given to contractual provisions for probationary periods and notice periods. Performance and disciplinary procedures should be reviewed to ensure they are both robust and fit for purpose.
Communicating and engaging with the workforce
Keep employees informed of impending changes and where appropriate set up forums to discuss the practicalities. It is important for employers to listen to and address any concerns raised. Consider trade union engagement if applicable.
Learning and development
It will be essential to educate senior leadership, line managers and the wider workforce on the new legal parameters. Some of the legislative changes are complex; it will be key to ensure training programmes are rolled out effectively. A clear training programme should be planned and delivery dates organised.
Workforce audits
The forthcoming changes will require a clear picture of the current workforce. Employers should take the opportunity now to gain a clear understanding of how the workforce operates - from policies, to procedures, to processes, to employment status and beyond. What does the workforce look like? Are zero hours contracts used? Are agency workers engaged? How many people work flexibly? Are employment contracts fit for purpose?
Taking part in the consultations
Many consultations have already begun and more will be launched over the next few months. Employers will be able to help shape the new legislation and give an important perspective on the impact on business.
Culture
The importance of workplace culture should not be undervalued in times of transformation. We are entering arguably the most significant period of employment law change in decades; creating a positive workplace culture where employers and employees can navigate the changes together will help minimise risk. By prioritising a culture of mutual respect and open communication, organisations can ensure a smoother transition and build a resilient workforce ready to embrace the future.
If you need any assistance preparing for the forthcoming changes under the Employment Rights Bill please do not hesitate to get in touch.
