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On 1 July 2025, the Government published its roadmap for implementing the various proposals contained within the Employment Rights Bill (ERB).
The good news for employers is that some of the key reforms – such as day 1 unfair dismissal protection and the changes to zero hours contracts – will not now take place until 2027, which gives more time for the Government to consult on the changes and for employers to prepare for their implementation. However, there are some changes to trade union rights (such as repealing the Strikes (Minimum Service Levels) Act 2023 and parts of the Trade Union Act 2016) which will take place as soon as the ERB gets Royal Assent.
When will the changes be implemented?
Here’s a roadmap for when the various proposals contained in the ERB will take effect:
ERB proposals:
When the ERB gets Royal Assent or shortly afterwards
- Repeal of the Strikes (Minimum Service Levels) Act 2023.
- Repeal of the majority of the Trade Union Act 2016 (some provisions will be repealed via commencement order at a later date).
- Simplifying industrial action notices and industrial action ballot notices.
- Protections against dismissal for taking industrial action.
- Removing the 10 year ballot requirement for trade union political funds.
April 2026
- ‘Day 1’ Paternity Leave and Unpaid Parental Leave.
- Statutory Sick Pay – remove the Lower Earnings Limit and waiting period.
- Collective redundancy protective award – doubling the maximum period of the protective award from 90 to 180 days’ pay.
- Fair Work Agency body established as new enforcement body.
- Simplifying trade union recognition process.
- Electronic and workplace balloting.
- Enhanced whistleblowing protections relating to disclosure about sexual harassment.
October 2026
- Fire and rehire prohibited.
- Employment tribunal time limits extended from 3 months to 6 months.
- Requiring employers to take “all reasonable steps” to prevent sexual harassment of their employees.
- Duty to inform workers of their right to join a trade union.
- Strengthen trade unions’ right of access.
- Introducing an obligation on employers not to permit the harassment of their employees by third parties.
- New rights and protections for trade union reps.
- Extending protections against detriments for taking industrial action.
- Bringing forward regulations to establish the Fair Pay Agreement Adult Social Care Negotiating Body.
- Procurement – two-tier code.
- Tightening tipping law.
2027
- Day 1 right to protection from unfair dismissal.
- Changes regarding the use of zero hours contracts.
- Collective redundancy – changes to collective consultation threshold.
- Flexible working.
- Bereavement leave.
- Gender pay gap and menopause action plans (though note these will be introduced on a voluntary basis in April 2026).
- Regulation of umbrella companies.
- Additional 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.
When will the Government consult on the proposed changes?
The Government has acknowledged the importance of consulting with stakeholders and ensuring there is sufficient time for employers, workers and trade unions to prepare before the changes are introduced. It has also said that regulations, guidance or Codes of Practice will be produced where appropriate. To this end, the Government will take a phased approach to consultation on the various reforms as follows:
ERB proposals to be consulted on:
Summer/Autumn 2025
- Giving employees protection from unfair dismissal from ‘day 1’, including on a dismissal process in a statutory probation period.
- Reinstating the School Support Staff Negotiating Body.
- Fair Pay Agreement for the Adult Social Care sector.
Autumn 2025
- Fire and rehire.
- Ending exploitative use of zero hours contracts.
- Regulation of umbrella companies.
- Trade union measures including electronic balloting and workplace balloting; simplifying trade union recognition processes; duty to inform workers of their right to join a trade union; and, right of access. New rights and protections for trade union representatives will be covered by an Acas Code of Practice consultation.
- Bereavement leave.
- Rights for pregnant workers.
Winter 2025/early 2026
- Collective redundancy.
- Flexible working.
- Further trade union measures including protection against detriments for taking industrial action and blacklisting.
- Tightening tipping law.
2027
- Gender pay gap and menopause action plans (though note these will be introduced on a voluntary basis in April 2026).
- Regulation of umbrella companies.
- 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.
- Industrial relations framework.
What does this mean for employers?
The roadmap gives employers some certainty in terms of timescales, although clarity on the finer details will not be forthcoming until the consultations have ended. The good news is that some of the biggest changes – in particular, the day 1 right to unfair dismissal – will not come into force until 2027, which gives employers greater time to prepare.
For more information on the key ERB changes and other employment law reforms, visit our Employment Law Updates Hub. The Hub provides a helpful overview of the key ERB proposals and the actions that employers should be considering taking to prepare for those changes. We are currently updating our roadmap to incorporate the revised implementation dates.
Should you wish to discuss how the ERB changes will impact your business and what you can do to prepare, please contact Robert Forsyth.