The Employment Rights Bill is described as the "biggest upgrade to workers’ rights in a generation," with the Government stating that its aim is to rebuild the economy by tackling issues such as low pay, poor working conditions, and job insecurity. This initiative is part of the Government's broader 'Plan to Make Work Pay', which seeks to upgrade the employment rights framework to be fit for a modern economy, empower working people, and contribute to economic growth.
On 1 July, the Government published its ‘roadmap for delivering change’, setting out the timeline for implementing measures and consulting on the details. The roadmap should allow employers to plan and prepare for these reforms. Surprisingly, the right to claim unfair dismissal from day one will come into effect in 2027, rather than 2026 as previously anticipated.
Given the scale of the changes, the government proposes a staggered implementation to ensure a proper organisational readiness period. This will include:
- Consultation – with business, trade unions, workers and other stakeholders on the details of the reforms
- Guidance and support – from the Government and Acas (including a helpline and training)
- Time to prepare – the Government has stated that it will ensure employers, workers, trade unions, and other stakeholders have the ‘time and space needed for systems change’, such as amendments to existing IT and payroll systems
- Enforcement – the Government will ensure the enforcement landscape has the necessary capacity to uphold the new requirements. This will include support for the new Fair Work Agency, Acas and the employment tribunal (who are already overwhelmed with cases, with some tribunals already listing complex hearings for 2027 and beyond).
Key consultation timelines
*Please note – the dates below are not when the measure will be implemented – these are the dates for consultation on the detail and implementation of the policy.*
- Summer/Autumn 2025:
- Reinstating the School Staff Support Negotiating Body (SSSNB) (the consultation, which can be found here, opened on 11 June and closes on 18 July)
- Fair Pay Agreement for the Adult Social Care Sector
- Day 1 protection for unfair dismissal and the dismissal process during the statutory probation period
- Autumn 2025:
- A package of trade union measures including:
- electronic balloting
- simplifying trade union recognition processes
- duty to inform workers of their right to join a trade union
- right of access
- New rights and protections for trade union representatives will be covered by an Acas Code of Practice consultation
- Fire and rehire
- Regulation of umbrella companies
- Bereavement leave
- Rights for pregnant workers
- Zero-hours contracts
- A package of trade union measures including:
- Winter/early 2026:
- A package of trade union measures including protection against detriments for taking industrial action and blacklisting
- Tipping law
- Collective redundancy
- Flexible working
Key implementation timelines
The measures will take effect in phases. Common commencement dates will be used for most regulations, specifically 6 April and 1 October.
- At Royal Assent or soon afterwards:
- Repeal of the Strikes (Minimum Services Levels) Act 2023
- Repeal of the majority of the Trade Union Act 2016
- Protections against dismissal for taking industrial action
- Simplifying industrial action notices and ballot notices
- Removing the 10-year ballot requirement for trade union political funds
- April 2026:
- Reforms to Statutory Sick Pay (removing Lower Earnings Limit and waiting period)
- 'Day 1' Paternity Leave and Unpaid Parental Leave
- Simplification of the trade union recognition process and introduction of electronic and workplace balloting
- Establishment of the Fair Work Agency
- Doubling the maximum period of the collective redundancy protective award
- Whistleblowing protections
- Voluntary gender pay gap and menopause action plans
- October 2026:
- Fire and rehire
- Strengthening trade unions’ right of access and new rights and protections for trade union representatives
- Introduction of employer duties to take "all reasonable steps" to prevent sexual harassment and an obligation not to permit harassment by third parties
- Duty to inform workers of their right to join a trade union
- Changes to employment tribunal time limits
- Extending protections against detriments for taking industrial action
- Bringing forward regulations to establish the Fair Pay Agreement Adult Social Care Negotiating Body
- Tightening tipping law
- Procurement – two-tier code.
- 2027:
- Restrictions on zero-hours contracts and application of those measures to agency workers
- 'Day 1' right for protection from unfair dismissal
- Mandatory gender pay gap and menopause action plans (introduced on a voluntary basis in April 2026)
- Rights for pregnant workers
- Changes to flexible working and bereavement leave
- Blacklisting
- Industrial relations framework
- Regulation of umbrella companies
- Collective redundancy – collective consultation threshold
- Introducing a power to enable regulations to specify "reasonable steps" to determine whether an employer has taken all reasonable steps to prevent sexual harassment
In time, as more information becomes available, there will be action that you will need to take:
- Audit contracts and policies:
- Review and revise employment contracts, including probationary clauses
- Update grievance, disciplinary and flexible working policies
- Train line managers and HR teams:
- Educate staff on the legal changes and how to handle new rights fairly and consistently
- Plan for reporting and compliance:
- Begin preparing for new equality and transparency reporting requirements
- Consider how to collect and manage relevant data
- Engage with workers and unions:
- Open dialogue with employees and representatives to build trust and prepare collaboratively
- Monitor secondary legislation:
- Much of the detail will be confirmed through secondary legislation
- Stay informed and ready to adapt
- Assess workforce models:
- Evaluate reliance on zero-hours staff and consider more secure alternatives, where feasible
- Assess system readiness:
- Conduct an audit of your payroll and HR IT systems; identify and plan for necessary adjustments to accommodate new requirements, such as those related to statutory sick pay administration
- Probationary periods:
- If you have not already done so, begin a culture of using probationary periods effectively
- Actively engage with guidance and consultations:
- Engage with the consultations where relevant and stay informed by actively following guidance and taking HR and legal advice. We will be launching an Employment Rights Bill hub on our website to keep you up to date, as well as continuing to send out specialist updates.
These are significant reforms that will be coming into effect within the next two years. Staying informed, actively participating in consultation where appropriate, and preparing thoroughly as more information becomes available will be vital to ensuring your organisation is not only compliant but also thrives under this evolving employment framework.
Stone King LLP
