Employment Rights Bill

Finally it seems that we have some detail on the timeframes for employment law changes under the Employment Rights Bill.  The key message being panic not – although do keep reading!

Whilst preparation is never a bad thing, and organisations will have to gear up to be ready for the changes (and employee expectations in the intervening period), there is perhaps longer to get any necessary policy changes implemented than was expected!

First up – we will see some new protections preventing employers dismissing employees for participating in industrial action (although given the current protections this one remains a bit of a damp squib in my view).  Then the first of the “big changes” hit in April 2026, with further changes in October 2026 and into 2027 (yes – it’s going to take as long for some of the changes to bite as it is taking to get a claim listed in some of the Employment Tribunals).

The “big one” of day 1 unfair dismissal rights doesn’t make an appearance until 2027 (although consultations on it are due to start soon).

So, for those wanting to start their prep, timeframes according to the government roadmap are:

April 2026:

• The maximum period protective awards for collective redundancies will double.

• Paternity and unpaid parental leave will become a day 1 right.

• We will see the establishment of the “Fair Work Agency”.

• Greater protection for whistle-blowers kicks in.

• Removal of lower earnings limit and 3 day waiting period for statutory sick pay takes effect.

• Changes to trade union law making trade union recognition and balloting systems less complex.

• Employers will be able to voluntarily introduce gender pay gap and menopause action plans (and should consider doing so in preparation for these becoming mandatory).

October 2026:

• The law on sexual harassment will change again expanding employer’s obligations from those introduced in October 2024, with employers having a statutory duty to take all reasonable steps (as opposed to the current “reasonable steps”) to prevent sexual harassment.

• Trade Union rights will expand.

• The prohibition on fire-and-rehire kicks in.

• A Fair Pay Agreement Negotiating Body will be introduced for the adult social care sector.

• Stronger tipping laws will be introduced.

During 2027:

• We will finally see the introduction of unfair dismissal rights from day 1.

• Gender pay gap and menopause action plans will become mandatory.

• Enhanced rights for pregnant workers will be introduced.

• Bereavement leave will take effect.

• We will see additional protections against the abuse of zero hour contracts.

• The use of umbrella companies will be subject to greater regulation.

So all in all we have a 2 year period of change ahead of us, which should certainly make life interesting!  I do find it strange that perhaps one of the most touted rights (day one unfair dismissal) will not be introduced until 2027 – but in the interim we will, no doubt, continue to see claims for unfair dismissal being supported by protected characteristics or whistleblowing disclosures (and probably drafted by AI), rendering the “2 year” service requirement rather redundant.  Although that said, perhaps not as strange as brining in a law in October 2024 requiring employers to take reasonable steps to prevent sexual harassment (the “all” having been dropped from the original drafting) and then changing it again so rapidly by replacing the removed “all”.  It’s certainly going to keep employment lawyers and HR professionals busy!

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