The much awaited Employment Rights Bill inches closer towards implementation with the government releasing a Road Map to Implementation.
Overview
- The Bill aims to fix the broken labour market by addressing
- Exploitative zero hours contracts
- Fire-and-rehire practices
- Lack of paid sick leave
- Unfair dismissal protections.
- 1.3 million workers will gain access to Statutory Sick Pay (SSP) for the first time
- Which is on top of the pay rise that over 3 million workers received through the National Living/Minimum Wage increases in April 2025 worth an extra £1,400/year.
- Emphasis is placed on fair competition, ensuring ethical businesses aren’t undercut.
Preparation for implementation
- Consultation – Engage stakeholders on policy design and implementation.
- Guidance – Government and partners (e.g., ACAS) will develop support materials and Codes of Practice
- Support – Ensuring public bodies like ACAS have time to prepare and are supported in resourcing to offer training, conciliation, and helplines
- Time to prepare – Emphasis on readiness, especially for small businesses needing systems updates
- Enforcement – The Bill will bolster enforcement via employment tribunals, ACAS, and the Fair Work Agency.
Taking a phased approach (The Roadmap)
Royal Assent & Immediate Measures (Expected Sep–Oct 2025)
- Repeal the Strikes (Minimum Service Levels) Act 2023
- Repeal most provisions of the Trade Union Act 2016
- Simplify industrial‑action notices and strengthen protections against dismissal for taking industrial action.
Phased Consultations – Consultations will begin Summer 2025 and continue into early 2026, covering the following:
Summer 2025
- School Support Staff Negotiating Body
- Adult Social Care Fair Pay Agreement
- Day 1 unfair dismissal protections.
Autumn 2025:
- Fire‑and‑rehire ban
- Guaranteed hours for zero and low‑hours workers
- Bereavement leave
- Pregnant workers’ rights
- Umbrella‑company regulations
- Trade‑union measures (e‑balloting, recognition, access)
Winter/Early 2026:
- Tipping (gratuities) legislation
- Blacklisting
- Collective redundancy
- Flexible working
Phased Commencement of Measures – April 2026:
- Double protective award for breaches of collective redundancy consultation (from 90 to 180 days’ pay)
- Introduce day‑one rights to paternity leave and unpaid parental leave
- Expand whistleblowing protections, including disclosures of sexual harassment
- Establish the Fair Work Agency as enforcement body
- Reform statutory sick pay: removal of Lower Earnings Limit and waiting period
- Simplify trade union recognition, introduce e‑balloting and better electoral notices
October 2026:
- Ban fire‑and‑rehire (except in limited, defined circumstances).
- Expand employers' legal duty to take “all reasonable steps” (not merely “reasonable”) to prevent sexual harassment and third‑party harassment.
- Strengthen trade‑union rights: access, rep protections, industrial‑action detriment protections.
- Extend tribunal claim deadlines (from 3 months to 6 months).
- Fair Pay Agreement for Adult Social Care - implementing collective bargaining in adult social care.
- Tighten tipping regulations and introduce statutory procurement codes.
December 2026:
- Commencement of the Mandatory Seafarers Charter.
2027:
- 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 request process default
- Statutory bereavement leave
- Enhanced pregnancy and maternity protections
- Mandatory gender‑pay‑gap & menopause action plans (voluntary from Apr 2026; mandatory later)
- Blacklisting protections and umbrella‑company regulation
- New industrial‑relations framework; adjustments to redundancy‑consultation thresholds.
We will provide updates as and when we know more detail about the new provisions.
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.
