Long-anticipated plans on the rollout of changes to employment law in the UK have been released with the government publishing its implementation roadmap.
The phased approach laid out in the document sets out when the various features within the Bill would be expected to come into force, giving businesses time to adapt.
Thrings’ Head of Employment Kerrie Hunt takes a look at the roadmap and what businesses should look to do to prepare for the changes ahead.
What is the Employment Rights Bill?
One of the government’s flagship pieces of new legislation, the Employment Rights Bill (ERB) represents the most significant shake-up in UK employment law for more than a decade.
The ERB looks to tackle four areas – strengthening workers’ rights and tackling insecure work such as zero-hour contracts whilst reforming industrial relations and improving workplace culture – with a raft of reforms designed to strengthen workplace protections.
The Roadmap: Key milestones
The government’s roadmap outlines a staged approach to rolling out these changes. Here’s what is expected at each stage:
Immediately after the Bill becomes law
- Repeal of the Strikes (Minimum Service Levels) Act 2023 and most of the Trade Union Act 2016
- New protections for workers dismissed for taking part in industrial action
April 2026
- Launch of the new Fair Work Agency
- Statutory sick pay reforms, with the removal of lower earnings limit and waiting days
- Day-one rights for paternity leave and unpaid parental leave
- Stronger whistleblowing protections
- Simplified trade union recognition and changes to workplace balloting
- Doubling of the protective award period in collective redundancy cases
October 2026
- Ban on unfair ‘fire and rehire’ practices
- Duty on employers to take “all reasonable steps” to prevent sexual harassment
- Employer liability for third-party harassment
- Fairer distribution of tips
- Further changes to trade union protections and employment tribunal time limits
2027
- Enhanced dismissal protections for pregnant women and new mothers
- Unfair dismissal becomes a day-one right
- New rights for zero-hours workers and better access to flexible working
What can employers do now?
Although many of the measures will take place over the next two years, employers should treat the roadmap as a clear signpost of where employment law is heading – and start preparing now. This includes:
- Review your contracts and policies: Start identifying areas where current terms and conditions might not align with future requirements. Pay close attention to aspects like zero-hours arrangements, sick pay eligibility, family leave entitlements and disciplinary and dismissal procedures. Updating the templates and handbooks you use in a prompt manner will potentially save time later.
- Audit your HR practices: If you don’t already track things like probation reviews and processes, flexible working requests, parental leave take-up, or whistleblowing reports, consider introducing systems to monitor and manage these more effectively. These areas will all become increasingly important under the new legislation.
- Plan for cultural change: The new duties on preventing harassment – especially from third parties – may require significant changes to workplace culture. Training for managers, updated equality and dignity-at-work policies, and proactive risk assessments will all help demonstrate compliance with the new expectations.
- Reassess redundancy and restructuring processes: With the maximum protective award doubling and tighter scrutiny of dismissal practices coming, now is a good time to review how you manage redundancy and organisational change. Avoiding the appearance of ‘fire and rehire’ practices will be key.
- Keep an eye on guidance and consultations: The government has committed to issuing detailed guidance ahead of each implementation date. There are a number of consultations due to start rolling out in the summer and autumn on some of the more complex areas, such as Day 1 rights for unfair dismissal and the dismissal process during probation periods and enhanced pregnancy protection and how these will operate in practice. Keep a look out and join in!
Kerrie Hunt, Thrings’ Head of Employment, said: “The Employment Rights Bill represents the most significant shake-up in UK employment law for more than a decade. While the government is outlining a phased introduction of the Employment Rights Bill, the scale of change shouldn’t be underestimated.
“We will continue to keep a close eye on the progression of the Bill and encourage clients to stay alive to the prospect of further changes, even now amendments are being made, as it advances towards becoming law. In the meantime, businesses should seek to plan ahead, engage in clear and early communication, both internally and externally.”
Thrings’ Employment lawyers are experienced in dealing with business matters that affect the workforce and has acted for both employers and employees from start-ups and SMEs all the way to multinational corporations across a wide range of employment matters. To find out how they can help strengthen your polices, and solve your disputes, please get in contact.
