Yesterday saw an important update on the Employment Rights Bill (ERB) when the Government published a document setting out its roadmap to implementing the changes set out in the ERB. The document sets out how and when the Government will engage and consult on the proposed changes and lays out the anticipated commencement dates for different parts of the ERB.
When will the changes come into effect?
There are a handful of measures that will take effect imminently (though an exact date is yet to be announced). These include measures in relation to repealing the Strikes (Minimum Service Levels) Act 2023 and major parts of the Trade Union Act 2016. However, the rest of the proposed changes in the ERB are expected to come into force between April 2026 and 2027. Below is a summary of the key changes and when the Government expects these to take effect:
Measures that will take effect in April 2026 include:
- Collective redundancy protective award – doubling the maximum period of the protective award
- 'Day 1' Paternity Leave and Unpaid Parental Leave
- Fair Work Agency body established
- Statutory Sick Pay – remove the Lower Earnings Limit and waiting period
Measures that will take effect in October 2026 include:
- Restrictions on the practice of “fire and rehire”
- Tightening tipping law
- Duty to inform workers of their right to join a trade union
- 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
- Extending employment tribunal time limits from three months to six months
Measures that will take effect in 2027 include:
- Gender pay gap and menopause action plans (though this will be introduced on a voluntary basis in April 2026)
- Enhanced rights for pregnant workers
- Collective redundancy – changes to the collective consultation threshold
- Changes to how employers deal with flexible working
- Introducing a new statutory bereavement leave
- Changes to the use of zero-hour contracts, including enhanced rights for zero-hour workers
- Applying zero-hour contract measures to agency workers
- ‘Day 1’ right for employees to have protection from unfair dismissal (subject to a new “statutory probation period”).
What else does the ‘roadmap’ say?
As well as setting out the proposed dates for implementing the changes, the Government explained that the detailed policy will be set out in secondary legislation or regulations, supported by Codes of Practice and guidance. To develop this policy, the government has said that it may need to consult and, in some cases, amend, revoke, or draft new Codes of Practice. It also said that it will consult with other agencies such as Acas, employers, and trade unions to understand the most effective way it can bring about the intended changes in the workplace. Only once the consultation period has ended will further details about the specific changes within the ERB become known. The Government’s proposed timetable for consultation runs from Summer/Autumn 2025 through to early 2026.
What should I do to prepare?
Although much of the detail is still unknown at this stage, there are some steps that you can take now to help you prepare:
- Review your probation policy and procedure to ensure that this is fit for purpose in good time before 2027. Ensure that reviews are carried out at an early stage and that managers are aware of the importance of early and effective feedback on performance.
- Review your sexual harassment policy and procedure. Implement training for employees and managers, ensure you have risk assessments in place for those at a higher risk of being exposed to sexual harassment, and consider building conversations into your supervision and one-to-one sessions to encourage open communication about the topic with all staff.
- Review your use of zero-hour contracts. Collate data during 2025 and the first half of 2026 to find out what your needs are so that you are not over or under-employing people by the time the proposals come in (in 2027).
- Subscribe to our newsletters. We will ensure that you are kept up to date with key changes.
- Get in touch for further advice. We have various support mechanisms in place to help you prepare for the changes in good time before they come into force.
If you have any questions or need assistance, please do get in touch with our employment team.
How we can help
For expert legal support on employment law changes and how they affect your business, contact the specialist employment team at Tozers. Our experienced solicitors provide practical solutions whatever your legal questions.
