The Government has published their long-anticipated roadmap to implementing the Employment Rights Bill (Bill) this month. The roadmap outlines the strategic plan for bringing the Bill into effect and sets out how the Government will roll out the Bill in a way that benefits both workers and businesses. While the primary legislation sets out the core policies, many of the details will be shaped through consultation and set out in secondary legislation. The roadmap sets out key phases of implementation, providing clarity on timelines and engagement plans, allowing stakeholders—employers, workers, and trade unions—to prepare effectively for the upcoming changes.
Preparation for implementation
1. Consultation
The Government aims to consult widely to ensure the legislation works for employers, workers, trade unions, and other stakeholders, as it is imperative that the public sector, employers and trade unions are able to implement the required changes effectively.
Insights from all stakeholders will be crucial in ensuring the Bill is implemented effectively and the Government states that they are seeking input from all stakeholders to determine the most practical and effective ways to introduce reforms in workplaces. The Government is particularly keen on understanding how changes will affect existing systems and processes, especially for employers.
2. Clear Guidance
The Government emphasises that clear guidance will be issued alongside new laws to explain what’s required and how to comply. The guidance may be developed by the Government, Acas (the Advisory, Conciliation and Arbitration Service), or in partnership with other organisations.
However, the Government has warned that preparing this guidance will take time and may involve additional consultation and, as employment tribunals may consider this guidance in legal decisions, it's important it is accurate and reliable.
The Government has stated that they will give people enough time to review and adjust to the guidance before any changes take effect, and this time will be factored into the rollout plan.
3. Support for delivery partners
As part of the Make Work Pay reforms, the Government is working closely with Acas and other delivery partners to ensure they are fully prepared to support employers and workers through the upcoming changes.
Recognising the scale of the reforms, the Government has committed to giving Acas and its partners adequate time and resources to adjust and continue delivering these vital services. This preparation period is being built into the broader implementation plan, helping ensure a smooth transition for everyone involved.
4. Time to prepare
The Government will ensure that it provides employers, workers, trade unions, and other stakeholders with sufficient time and support to adapt. Recognising that preparation involves more than just familiarisation, tailored assistance will be offered—particularly for small and micro businesses that may face greater challenges. Organisations are expected to make adjustments to systems such as IT and payroll, and the government will ensure that timelines are set in advance to allow proper planning and implementation.
5. Strong enforcement mechanisms
Strong enforcement of upcoming employment reforms is a key focus and will be executed by bolstering the capacity and capability of key bodies, including Acas, the employment tribunal system, and the newly established Fair Work Agency.
The roadmap
Phased Consultations
The Government plans to begin consultations in Summer 2025, continuing into early 2026.
1. Summer 2025
The measures to be consulted on in the Summer of 2025 include reinstating the School Support Staff Negotiating Body (SSSNB), the Fair Pay Agreement for the Adult Social Care Sector and giving employees protection from unfair dismissal from 'day one', including on the dismissal process in the statutory probation period.
2. Autumn 2025
In Autumn 2025, attention will turn to the following:
• A package of trade union measures including electronic balloting and workplace balloting, simplifying trade union recognition processes, duty to inform workers of their right to join a trade union, and right of access. New rights and protections for trade union representatives will be covered by an Acas Code of Practice
• The ban on firing and rehiring
• Umbrella-company regulations
• Ending the exploitative use of zero hours contracts by introducing guaranteed hours for zero and low hours workers
• Bereavement leave
• Pregnant workers’ rights.
3. Winter/early 2026
Towards the end of 2025 and the beginning of 2026, the Government proposes to consult on a package of trade union measures including protection against detriments for taking industrial action and blacklisting. Further consultations will also take place on tightening tipping law, collective redundancy and flexible working.
4. Finalising policy
These consultations will inform policy development with the policies taking the form of regulations, guidance, or Codes of Practice by either the Government or others such as Acas.
Some measures may require multiple consultations, with implementation timelines informed by feedback and a commitment to giving stakeholders time to prepare.
Phased commencement of measures
As with the consultations, The Government plans to phase the commencement of measures beginning in April 2026 and continuing into 2027.
1. Royal Assent & immediate measures
The measures that will take effect at Royal Assent or soon afterwards include repealing the Strikes (Minimum Service Levels) Act 2023 and repealing the great majority of the Trade Union Act 2016 (with some provisions being repealed via commencement order at a later date).
The Government also intends to remove the 10-year ballot requirement for trade union political funds, simplify industrial action notices and industrial action ballot notices and introduce protections against dismissal for taking industrial action.
2. April 2026
The key measures that will take in effect in April 2026 include:
• Doubling the protective award for breaches of collective redundancy consultation (from 90 to 180 days’ pay)
• Introducing day one rights to paternity leave and unpaid parental leave
• Expanding whistleblowing protections, including disclosures of sexual harassment
• Establishing the Fair Work Agency as an enforcement body;
• Reforming statutory sick pay with the removal of lower earnings limit and waiting period
• Simplifying trade union recognition
• Introducing electronic balloting and better electoral notices.
3. October 2026
Moving towards the end of 2026, the measures to be implemented will include:
• A ban on fire and rehire (except in limited, defined circumstances)
• Expanding employers' legal duty to take “all reasonable steps” (not merely “reasonable”) to prevent sexual harassment and third party harassment
• Introducing an obligation on employers not to permit the harassment of their employees by third parties
• Strengthening trade union rights: including a duty to inform workers of their right to join a trade union and new rights and protections for reps
• Extending protections against detriments for taking industrial action
• Extending tribunal claim deadlines (from 3 months to 6 months)
• Establishing the Fair Pay Agreement for adult social care which implements collective bargaining in adult social care
• Tightening tipping regulations and introducing statutory procurement codes
• Commencement of the Mandatory Seafarers Charter (expected to be implemented in December 2026).
4. Throughout 2027
Finally, the Government aims to conclude the implementation procedure in 2027 with key measures including:
• Day one protection against unfair dismissal
• Zero-hours contract ban, including for agency workers - guaranteed hours notices and offers for zero/low hours and agency workers
• Expanded flexible working rights - making the request process the default
• Statutory bereavement leave
• Enhanced pregnancy and maternity protections
• Mandatory gender pay gap & menopause action plans (voluntary from April 2026 but made mandatory later)
• Blacklisting protections and umbrella company regulation;
• New industrial relations framework
• Adjustments to redundancy consultation thresholds.
Unfair Dismissal Rights
A significant update however, since the roadmap was published, was the decision by the House of Lords to amend the Bill to replace ‘day one’ unfair dismissal rights with a six-month qualifying period.
Initially, to complement the implementation of the ‘day one’ unfair dismissal rights, the Bill introduced a new concept called an ‘initial period of employment’, likely nine months, during which employers could dismiss staff using a simpler process. The aim was to balance fairness for employees with flexibility for employers. The government planned to consult on the rules for this process over the next year.
However, the House of Lords has voted to remove the initial period entirely, rather amending the Bill to reduce the qualifying period for unfair dismissal from two years to six months. Those in favour argue that it makes the rights simpler, gives workers protection sooner, and avoids the need for a new legal structure, as well as reducing the burden on tribunals.
Nonetheless, the Bill will now return to the House of Commons where the government will have the opportunity to accept or reject the Lords’ amendment, which it is likely to reject using its majority to restore the original proposal. The Lords must then decide whether to push back or step aside. Under constitutional tradition (known as the Salisbury Convention), it is rare for the Lords to block a government’s manifesto promise. Therefore, it is likely that they will voice their objection, seek reassurances, and allow the Bill to pass. The final decision will determine whether day one rights come with a complex nine-month system or a simpler six-month rule.
Tips for employers
• Participate in consultation opportunities to ensure your views are heard and your sector is represented
• Identify the key areas/measures which will affect your business during the consultation process
• Review existing employment contracts, HR policies, payroll, and IT systems to identify areas requiring change
• Allocate time and resources to update HR, payroll, and management systems in line with new requirements. For small businesses, consider seeking external advice or support if internal resources are limited
• Keep employees and line managers informed of upcoming changes and how they will be affected and provide access to training or guidance where required
• Regularly check Acas for updates to Codes of Practice or guidance materials, which may support compliance. Acas may also offer training or advisory services tailored to your needs
• Consult with employment law experts and HR professionals to ensure full compliance with new obligations.
This information is for guidance purposes only and does not constitute legal advice. We recommend you seek legal advice before acting on any information given.
