Implementing the Employment Rights Bill

Employment specialists Jonathan Rennie and Liz Johnson set out what the next phase looks like and key changes to consider for employers.

The overwhelming number of employment law changes introduced by the Employment Rights Bill can feel daunting and leave HR teams questioning how to prioritise and manage the important changes.

It is helpful then to see the UK government Road map for delivering change document which sets out the phased approach to implementation including the adoption of consultations that will provide some breathing space for employers. That staggered approach to implementation should provide a greater chance for HR teams to build knowledge as matters evolve rather than all these changes landing at once.

UK Government roadmap: Implementing the Employment Rights Bill

The recent cabinet re-shuffle does mean that the key sponsors of the Bill are no longer directly involved in its implementation and it is conceivable that when future policy decisions are needed after consultations that there could be some further interesting and unexpected developments. *It is possible that the timetable could slip or be subject to moderation.*

The measures that are immediately implemented upon Royal Assent in Autumn 2025 are primarily concerned with simplifying trade union processes and so will not be quite as wide-ranging as those changes that follow in April 2026.

Many employers will keep a close eye out for consultations issued in Autumn 2025 which will shape the runway into the April 2026 changes.

Autumn 2025 – Royal Assent and Early Changes

Immediately or soon after Royal Assent, the following changes will come into effect:

• Repeal of the Strikes (Minimum Service Levels) Act 2023.
• Repeal of most provisions of the Trade Union Act 2016.
• Simplified rules for industrial action notices and ballots.
• Enhanced dismissal protections for participants in industrial action.

April 2026 – First Major Phase

Day one rights to paternity leave and unpaid parental leave.

• Statutory Sick Pay (SSP): Removal of the lower earnings limit and waiting period, making SSP available from the first day of absence.
• Doubling of collective redundancy protective awards (from 90 to 180 days’ pay).
• New whistleblowing protections with sexual harassment reports to be recognised as protected disclosures.
• Establishment of a new Fair Work Agency, to consolidate employment enforcement functions.

October 2026 – Second Wave of Reforms

Employers will face new responsibilities:

• Strict regulation of "fire and rehire" practices—only permitted under limited circumstances.
• Requirement to take “all reasonable steps” to prevent sexual harassment—including third-party harassment.
• New rights and protections for trade union representatives; workers must be informed of their right to join trade unions; unions will get better access to workplaces.
• Employment tribunal time limits extended from 3 to 6 months.
• New protection against detriment for participating in industrial action.

2027 – Final Phase of the Reforms

Impactful changes scheduled for rollout:

• Day one protection from unfair dismissal and a streamlined dismissal process during probation.
• Guaranteed hours for zero hours and low hours workers.
• Collective redundancy consultation thresholds adjusted.
• Gender pay gap and menopause action plans for employers with 250+ staff, voluntary from April 2026 but mandated in 2027.
• Expanded protections for pregnant workers.
• Legal power to define “reasonable” preventive steps against harassment.
• New statutory bereavement leave.
• Measures to counteract blacklisting.

The impact of all of these changes, both individually and collectively will take some time to comprehend but there is clearly a greater entrenchment of employment rights for workers which will create additional compliance burdens for employers and of course the potential for there to be a greater volume of disputes. ACAS and other statutory bodies are estimating an uplift of 20% in additional employment tribunal claims per annum.

We will be publishing further updates on these impactful employment law changes over the next few weeks.