Author

Philip Pepper

Published
10th September 2025

Contents

Summarise Blog

Employment Rights Bill: Key dates and what employers need to prepare for

On 1 July 2025, the government published a policy paper, Implementing the Employment Rights Bill: roadmap, setting out its planned timetable for further consultations and the implementation of various measures in the Employment Rights Bill.

While some changes won’t be implemented until at least 2027, some may come into effect quite quickly. We’ve summarised what to expect and when.

Immediate

The government will consult on various measures, including the introduction of day one unfair dismissal rights and the dismissal process in the statutory probationary period.

Autumn 2025

Consultations are expected to take place on:

  • Trade union measures, including electronic balloting and workplace balloting, simplifying trade union recognition processes, the duty to inform workers of their right to join a trade union, and trade unions’ right of access. New rights and protections for trade union representatives will be covered by an Acas Code of Practice consultation.
  • Dismissal and re-engagement (fire and rehire).
  • Regulation of umbrella companies.
  • Bereavement leave.
  • Increased rights for pregnant workers.
  • Ending the exploitative use of zero hours contracts.

Royal Assent

The following measures will come into force on, or soon after, Royal Assent, expected before the end of 2025:

  • Repeal of most of the Trade Union Act 2016 (some provisions will be repealed via commencement order at a later date).
  • Repeal of the Strikes (Minimum Service Levels) Act 2023.
  • Protection against dismissal for taking industrial action.
  • Removal of the ten-year ballot requirement for trade union political funds.
  • Simplifying industrial action notices and industrial action ballot notices.

Winter 2025 to early 2026

The government expects to consult on:

  • Further trade union measures, including protection against detriment for taking industrial action and blacklisting.
  • Tightening tipping laws.
  • Collective redundancies.
  • Flexible working.

April 2026

The following are due to come into force:

  • Increase in the maximum period of the collective redundancy protective award.
  • Day one rights to paternity leave and unpaid parental leave.
  • Whistleblowing protections. The roadmap does not specify which measures; however, reports of sexual harassment will become protected disclosures under clause 22 of the ERB.
  • Establishment of the Fair Work Agency.
  • Removal of the lower earnings limit and waiting period for Statutory Sick Pay.
  • Simplifying the trade union recognition process.
  • Electronic and workplace balloting.

Equality action plans, covering the steps employers are taking to address their gender pay gap and support employees going through menopause, are also expected to be introduced on a voluntary basis in April 2026.

October 2026

The following provisions are expected to come into force:

  • Ban on dismissal and re-engagement (fire and re-hire).
  • Requirement for employers to take all reasonable steps to prevent sexual harassment.
  • Requirement for employers to prevent third-party harassment of employees.
  • New rights and protections for trade union representatives.
  • Extension of tribunal time limits to six months.
  • Duty to inform workers of their right to join a trade union.
  • Strengthening of trade unions’ rights of access to workplaces.
  • Tightening of tipping laws.
  • Two-tier procurement code for outsourced public sector workers.

December 2026

The Mandatory Seafarers Charter is expected to commence in December 2026.

2027

Measures that are expected to come into force in 2027 include:

  • Day one right to protection from unfair dismissal.
  • Zero hours contracts measures for zero hours and low hours contract workers and agency workers, including the duty to offer guaranteed hours contracts, provide reasonable notice of shifts and pay compensation for cancelled, moved or curtailed shifts.
  • Requirement for employers to produce equality action plans, covering the steps they are taking to address their gender pay gap and support employees going through menopause.
  • Increased rights for pregnant workers.
  • Introduction of the power for regulations to be made specifying what steps are to be regarded as reasonable to determine whether an employer has taken all reasonable steps to prevent sexual harassment.
  • Strengthening protections against blacklisting.
  • Industrial relations framework.
  • Regulation of umbrella companies.
  • New collective redundancy consultation threshold.
  • Introduction of reasonableness requirement to refuse flexible working requests.
  • Day one right to bereavement leave.

While there remains a great deal of uncertainty around the finer details of some of the important parts of the ERB, employers do need to at least start giving some consideration around whether they will need to make changes in light of the ERB provisions, for example whether they will need to review contracts or company structures ahead of the hire and refire provisions. Recruitment processes may need revamping and stricter training and risk assessments around the risks of sexual harassment, and third party harassment will need to be considered very carefully. For some employers preparing for the inevitable risks of Trade Union recognition may be required as well as considering how to deal and respond to requests for access agreements.

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About the Author

Philip Pepper

Partner & Head of Commercial, IP & Employment

Phil is head of our Employment and Commercial I/P team. He has established a reputation by advising a variety of organisations from SME’s to multinational companies. Being a specialist employment lawyer he doesn’t shy away from controversial issues having represented a number of clients in the High Court, EAT, Court of Appeal, Supreme Court and ECJ. His clients include high street retailers, manufacturers, logistics organisations, breweries, and professional bodies across the UK.