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.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
