In July the Government published the Employment Rights Bill Implementation Roadmap updating and outlining the anticipated timeframe for the implementation of the Bill.
The Bill was initially expected to receive Royal Assent and become law before Parliament’s Summer recess however, it now appears more likely to happen in the Autumn.
Once enacted, the changes will not be immediately introduced, rather rolled out over a considerable period.
Despite the “first 100 days” promise.
Unfair Dismissal – Day One Right
You may recall this was the headline Labour manifesto pledge removing the two-year qualifying service period for bringing an unfair dismissal claim, alongside introducing a simplified dismissal process during a probationary period.
Whilst the government’s ‘Next Steps to Make Work Pay’ paper had previously said that “reforms of unfair dismissal will take effect no sooner than Autumn 2026”, the roadmap states implementation will not in fact take place until 2027.
However, when in 2027 remains a mystery.
The draft legislation has been subject to amendments in the Lords where it has been passed back and forth in parliamentary ping pong, the Lords preferring a 6-month qualifying period whereas the Government wishes to introduce a “simplified dismissal process” in the first 9 months. This simplified process will however require employers to get to grips with such a process which is unlikely to be as simple as the title suggests.
A consultation will be launched – expected sometime this Autumn, to further consider these details.
Redundancy – Collective Consultation
As the Bill progressed through the House of Commons, changes to the proposed threshold for triggering collective consultation were proposed. The current version of the Bill now provides that the duty will arise where an employer proposes to dismiss by reason of redundancy, within a period of 90 days or less, either 20 or more employees at one establishment (the current position), or at least the “threshold number of employees”.
The roadmap explains that this change is not expected until 2027, with a consultation planned for this Winter or early 2026 to work through the remaining details.
For example, we don’t yet know what the “threshold number of employees” will be.
The increase to the protective award for failures in collective consultation – from 90 days’ pay to 180 days’ pay – is due to take effect in April 2026.
Zero-hour Contracts
The Bill introduces a whole host of measures affecting zero-hour and “low-hour” contracts.
These include a right for workers to be offered a guaranteed number of hours at the end of each reference period, based on the hours worked; requirements for reasonable notice of shifts and any changes; and compensation where changes are made at short notice.
The proposals are extremely complex and the government’s roadmap confirms that these changes will not take place until 2027, with consultation in the Autumn.
Trade Unions
The first changes to take effect, immediately after the Bill receives Royal Assent, will be the repeal of the Strikes (Minimum Service Levels) Act 2023 and most of the Trade Union Act 2016.
Protections against dismissal for taking industrial action will also come into force at that point.
However, other trade union reforms will follow with electronic balloting and workplace balloting, as well as the simplification of trade union recognition processes not expected until April 2026.
The new duty to inform workers of their right to join a union, and the strengthening of the right of access will take effect in October 2026.
A further two consultations on trade union reforms are expected – one this Autumn and one in the Winter/early 2026.
Harassment
The roadmap indicates that the new provisions making employers liable for third-party harassment – unless they have taken all reasonably practicable steps – will not come into force until October 2026.
This is later than expected, despite the fact that no further substantive regulations are required to implement the change.
Similarly, the enhancement of the duty on employers to prevent sexual harassment – from taking “reasonable steps” to taking “all” reasonable steps” – is scheduled for October 2026.
However, employers will have to wait until 2027 for the accompanying regulations that will define what constitutes “all reasonable steps”.
This feels misaligned and unfair – employers will face liability before they have this further detail.
Other Changes
According to the roadmap, other changes that will take place in April 2026 include the introduction of a day one right to paternity leave and unpaid parental leave, as well as reforms to statutory sick pay (the lower earnings limit and 3 waiting days being removed).
The Fair Work Agency Body is also expected to be established at this time.
In October 2026, the reforms to ‘fire and rehire’, making it automatically unfair to dismiss and re-engage an employee on new terms unless the employer is facing extreme financial difficulties and the changes are unavoidable are expected. A consultation is also expected on this in Autumn.
Also expected in October 2026, and particularly relevant to the retail and hospitality sectors, is that employers will be required to consult with a recognised trade union or worker representatives on their tipping policy, and to review that policy every three years.
A consultation on this is anticipated in winter 2025 or early 2026.
Another change scheduled for October 2026 is the extension of the time limit for bringing employment tribunal claims, increasing from three to six months.
In 2027, the government plans the following further changes:
- The introduction of the gender pay gap and menopause action plans
- Enhanced rights for pregnant workers, with a consultation planned in Autumn 2025
- A new requirement for employers to reasonably justify refusals of flexible working requests under the eight statutory grounds, with consultation expected in Winter 2025 or early 2026
- The introduction of a statutory right to bereavement leave, with a consultation planned in autumn 2025
Timings
It’s worth remembering that whilst the government has set out these timeframes, they remain subject to change.
Employers should continue to closely monitor developments and stay informed about when each measure will come into force. Things are likely to change.
Our employment law solicitors can advise you on restructuring, conducting redundancy consultations and how to protect your business from Tribunal claims.
Please contact Zoe on 0203 858 9765 or email zoe@mulberryssolicitors.com.
Mulberry’s has offices in Brighton and London.
This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.
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