Update to Employment Rights Bill

On 1 July, the Government published its “implementation roadmap” for delivering the changes due under the Employment Rights Bill. The Bill is a significant piece of forthcoming legislation which forms part of the Plan to Make Work Pay reforms. The Government states that the package of measures under the Bill “represents the biggest upgrade to workers’ rights in a generation”.

The changes are due to come in in stages (and some of these are significantly further in the future than was initially anticipated, which may come as a welcome relief to businesses in some cases). In particular, the day 1 right to protection from unfair dismissal is not due to come into effect until 2027. Consultations on the detail of policy and implementation are also due to commence in phases to enable partners to engage meaningfully, commencing from this summer and running until the early part of 2026.

In terms of the roadmap for when the changes can come into force, it is important to remember that the Bill is still at report stage in the House of Lords, and therefore, there are a couple of stages left before it will receive Royal Assent. However, the timeline is planned to be as follows:

Taking effect at Royal Assent or Soon Afterwards

• Repeal of the Strikes (Minimum Service Levels) Act 2023 and major parts of the Trade Union Act 2016
• New protections preventing dismissal for participating in industrial action

Taking effect from April 2026:

• Protective award for collective redundancies – doubling the maximum period
• ‘Day 1’ paternity and unpaid parental leave
• Enhanced whistleblower protections
• Establishment of a Fair Work Agency
• Statutory Sick Pay improvements (removal of lower earnings limit and waiting period)
• Simplified trade union recognition and digital/workplace balloting systems

October 2026:

• Ban on fire-and-rehire [NB – significant for wide-scale contract review exercises]
• Stronger tipping laws
• Expanded trade union rights, including rights of access, the duty to inform workers of their right to join a union and rights and protections for trade union reps
  duty on employers to take “all reasonable steps” to prevent sexual harassment of their employees, and extension to prevention by third parties
  extension of employment tribunal time limits

2027:

• Mandatory gender pay gap and menopause action plans (voluntary from April 2026)
• Rights for pregnant workers
• Flexible working
• Bereavement leave
• Protections against zero-hour contract abuse
• Umbrella company regulation
• ‘Day 1’ unfair dismissal rights

You can read the full implementation roadmap here: Implementation Roadmap, and keep up to date with our Ashtons Legal page on the Employment Rights Bill here

Contact our employment law solicitors today

We will keep you updated as things progress within the new government. If you have any questions regarding any of the issues raised in this article, please do not hesitate to contact our specialist Employment Law team by using our online enquiry form or by calling 0330 191 5713.