Employment Rights Bill: implementation roadmap details published

Consultation

The Government’s view is that phasing consultation will allow employers from all sectors, workers, trade unions and other stakeholders “to fully engage with the complex policy issues at hand and will ensure Government is appropriately considering the most effective way forward.”

Summer/Autumn 2025 consultations include:

• Giving employees protection from unfair dismissal from day-one, including on the dismissal process in the statutory probation period
• Fair Pay Agreement for the Adult Social Care sector

Autumn 2025 consultations include:

• A package of 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
• Fire and rehire
• Bereavement leave
• Rights for pregnant workers
• Ending the exploitative use of zero hours contracts

Winter/early 2026 consultations include:

• A package of trade union measures including protection against detriments for taking industrial action and blacklisting
• Collective redundancy
• Flexible working

Following these consultations, the Government will, depending on the measure, develop regulations, guidance or Codes of Practice.

Phasing when measures take effect

Common commencement dates will be used, 6 April and 1 October. Some measures take effect immediately when Royal Assent is given or soon after, see our article. Employment Rights Bill: what happens next?

April 2026

• Collective redundancy protective award – doubling the maximum period of the protective award
• Day-one paternity leave and unpaid parental leave
• Whistleblowing protections
• Fair Work Agency established
• Statutory Sick Pay – removing the Lower Earnings Limit and waiting period
• Simplifying the trade union recognition process and electronic and workplace balloting

October 2026

• Fire and rehire
• Duty to inform workers of their right to join a trade union and strengthening trade unions’ right of access
• Requiring employers to take “all reasonable steps” to prevent sexual harassment of their employees and introducing an obligation on employers not to permit third party harassment of their employees
• New rights and protections for trade union representatives
• Employment Tribunal time limits
• Extending protections against detriment for taking industrial action

2027

• Ending the exploitative use of zero hours contracts and applying those measures to agency workers
• Day-one right protection from unfair dismissal
• Collective redundancy – collective consultation threshold
• Gender pay gap and menopause action plans
• Rights for pregnant workers
• Introducing a power to enable regulations to specify “reasonable steps” in relation to an employer’s duty to take all reasonable steps to prevent sexual harassment
• Blacklisting and industrial relations framework
• Flexible working
• Bereavement leave

The roadmap also mentions the importance of organisations such as Acas and other delivery partners and the support they provide to employers and workers. The Government wants to give them plenty of time to prepare to ensure they can continue to provide this support. The Government also acknowledges that some employers, particularly small employers may need additional, tailored support and that for many employers, IT and payroll systems for example, will need to be adapted.

With the publication of the roadmap, we now have a better idea of what happens next and when key measures will be in force.

For updates about the Bill’s progress and developments take a look at our Employment Rights Bill Hub on our website which can be accessed here.