On 1 July 2025, a ‘Roadmap’ for Implementing the Employment Rights Bill was published, setting out a timetable for implementation of the various provisions. The main point to note is that the biggest changes are now being put back until 2027.
The Bill, which is likely to receive Royal Assent in September, will still bring into force some changes this year. These will be focused on reforming trade union rights, particularly around industrial action. Much of the legislation passed by the previous Conservative governments will be repealed, removing obstacles that had made it more difficult for unions to call for industrial action and get statutory protection. Once the Bill becomes law, the changes mean that the unions will find it easier to call for industrial action as the threshold requirements will be eased, the ballot paper simplified, any mandate for action will remain valid for 12 months rather than six months, and only 10 days’ notice of any action will need to be provided to the employer, reduced from 14 days.
In April 2026, there will be some important reforms that will have an immediate impact. The reforms to Statutory Sick Pay could make a big difference to costs where there are frequent short periods of absence, given the removal of the waiting period and the earnings threshold. Doubling the potential protective award for failing to carry out collective consultation; making it easier for trade unions to gain recognition and removing the qualifying periods for paternity and unpaid parental leave rights are also important changes that will come into force that month.
In October 2026, the time limits for making claims in the Employment Tribunal double from three to six months. The further restrictions on fire and rehire will be implemented and employers will be required to take further action to prevent harassment (all forms, not just sexual harassment) in the workplace, including from third parties. The rights of unions will also be strengthened with a new right to gain access to employees in the workplace being introduced.
Finally, the roadmap promises that in 2027 – a year later than expected – the right to unfair dismissal protection from day one will be introduced. Also delayed until 2027 are the added protections for those on zero and low-hour contracts, the changes to collective consultation thresholds, reforms of the flexible working regime and the introduction of the requirement to publish gender pay gap and menopause action plans.
Consultations
The roadmap also sets out the timetable for further consultations to fill in the details of how some of the new rights will work in practice, including for example what will be expected of employers in the new statutory probation period when it finally is introduced in 2027.
The first consultations will begin this summer to include the day-one unfair dismissal protection and a further consultation period in autumn to include the new right to trade union access, umbrella company regulation, fire and rehire, and zero-hour contract protection.
Late this year and in early 2026 the measures subject to consultation will include further protection for those taking part in industrial action; tightening tipping law; reforming collective redundancy and flexible working.
Separately the Government has also launched a full review of family leave and pay entitlements. This process, which will extend over the next 18 months and includes a call for evidence open until 25 August 2025, seeks views on how the current entitlements support the objectives of maternal health, labour market participation, facilitating the best start in life and reflecting childcare needs. The review is expected to conclude with a series of suggested reforms to family leave and pay for the future.
Concluding thoughts
The good news is that employers will have more time to prepare for the day-one right to claim unfair dismissal and should use that time to update their recruitment and probationary processes as well as upskilling managers. However, for those employers who may not yet be compliant with the existing duty to prevent sexual harassment, the introduction of a wider duty in just over 12 months is likely to be a cause for concern. Such employers should use the intervening period to ensure that they are doing all they can to meet the current duty to take reasonable steps to prevent the sexual harassment of their employees which will reduce the burden on them when the expanded obligations come into force in 2026.