Employment Rights Bill – Implementation Road Map

“This is why we are so determined to implement these reforms as swiftly as possible: we are working with, not against, business to make them a success.”

It is reassuring to note that the Government have committed to using “common commencement dates” to commence the “majority” of regulations laid using the powers provided for in the Bill. These dates will be the 6th April and the 1st October, which should assist in there being less of a piecemeal / scattergun approach to reform. However, there are still a significant amount of changes for businesses and organisations to keep abreast of, particularly as many reforms will take place in the form of codes of practice or guidance.

Timetable for implementation

Royal Assent

The following measures will take effect shortly following the Bill receiving Royal Assent:

• Repealing “most of the” Trade Union Act 2016 (it appears some provisions will be repealed via a commencement order at a later date).
• Repeal of the Strikes (Minimum Services Levels) Act 2023.
• Protection against dismissal for taking industrial action.
• Removing the 10 year ballot requirement for trade union political funds.
• Simplifying industrial action notices and industrial action ballot notices.

April 2026

• Collective redundancy protective award – doubling the maximum period of the protective award.
• Reforms to Statutory Sick Pay – removing the Lower Earnings Limit and waiting period.
• Simplifying the trade union recognition process.
• Electronic and workplace balloting.
• “Day one” paternity leave and unpaid parental leave.
• Enhanced whistleblowing protections.
• Establishment of a Fair Work Agency body.

October 2026

• Banning “unscrupulous” fire and re-hire practices.
• Bringing forward regulations to establish the Fair Pay Agreement Adult Social Care Negotiating Body.
• “Tightening” tipping law.
• Duty to inform workers of their right to join a trade union.
• Strengthening of trade unions’ rights of access.
• New rights and protections for trade union representatives.
• Extending protection against detriment for taking industrial action.
• 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.
• Employment tribunal time limits.

2027

• Changes to unfair dismissal – making this a “day 1” right. (Consultation will begin this summer).
• Gender pay gap and menopause action plans (these will be introduced on a voluntary basis in April 2026). Implementation of the gender pay gap outsourcing measure will be dependent on timelines for broader changes to pay gap reporting, including related measures in the draft Equality (Race & Disability) Bill.
• Banning of “exploitative” zero hours contracts and applying zero hours contracts measures to agency workers.
• Rights for pregnant workers.

Introducing a power to enable regulations to specify steps that are to be regarded as “reasonable” to determine whether an employer has taken all reasonable steps to prevent sexual harassment.

• Blacklisting.
• Industrial relations framework.
• Regulation of umbrella companies.
• Collective redundancy – collective consultation threshold.
• Flexible working.
• Bereavement leave.

Consultations

The Government plan to consult on the detail of policy and implementation:

“We will make sure implementation works for employers, workers, trade unions and other stakeholders: Government will need to ensure that employers (including public sector employers) and trade unions are able to carry out the changes that new legislation will require. To make sure our legislation achieves these aims, we may need to consult to determine the most effective way we can bring about our intended changes in workplace.”

Summer / Autumn 2025 consultations

Reinstating the School Support Staff Negotiating Body (SSSNB).

Fair Pay Agreement for the Adult Social Care sector.

Employee protection from unfair dismissal from “day 1”, including on the dismissal process in the statutory probation period (note the reference to a “statutory” probation period here).

Autumn 2025 consultations

Trade union reforms including electronic and workplace balloting; simplifying the trade union recognition processes; duty to inform workers of their right to join a trade union; and the right of access. (New rights and protections for trade union representatives will be covered by an ACAS Code of Practice which will be covered by a separate ACAS consultation.)

Fire and rehire.

Regulation of umbrella companies.

Bereavement leave.

Rights for pregnant workers.

Ending the “exploitative” use of Zero Hours Contracts.

Winter / early 2026 consultations

Trade union measures including protection against detriments for taking industrial action and blacklisting.

Tightening tipping law.

Collective redundancy.

Flexible working.

“Following consultations, Government will develop final policy positions to deliver our measures. In some instances, this will be regulations, in others it will be guidance or Codes of Practice by the Government or others such as ACAS. Some measures may require more than one round of consultation, especially if there is a need to update or develop a Code of Practice.”

Consultation on parental leave and pay

On the 1st July 2025 the Government launched a full review of the parental leave and pay system currently in place to consider how it may be improved. All types of parental leave and pay will be reviewed, including maternity, paternity, adoption, shared parental leave and pay, parental bereavement leave and pay, parental leave (unpaid), neonatal care leave and pay and maternity allowance. The aim will be to understand how the system can work better for parents and employers.

The current systems and consideration of future reforms will be assessed against four objectives:

• maternal health;
• economic growth through labour participation;
• best start in life;
• childcare.

The Government will conclude the review with a set of findings and a road map, including next steps for taking any potential reforms forward for implementation.

As part of the review there is a call for evidence, where the Government are requesting responses to their proposals and considerations. The link to the call for evidence questions can be found here and is open from the 1st July to 26th August 2025.