The government has set out its plans for reforms under the Employment Rights Bill setting out key phases for consultation and implementation.
Consultation
Consultations will help to finalise policy and codes of practice. The plan promises that, once the consultation is complete, they will provide more detail about policies and the timelines for implementation.
The consultations have been split into three phases, planned to be completed in early 2026:
Summer / Autumn 2025
Measures specific to schools and adult social care
Day 1 protection from unfair dismissal
Autumn 2025
Trade union matters including balloting, recognition processes and rights of access.
Fire and rehire
Bereavement leave
Rights for pregnant workers
Measures to tackle zero-hours contracts
Winter / early 2026
Further trade union matters, including blacklisting and detriments.
Law around tips
Collective redundancy
Implementation
The plan then sets out the main phases in which the measures will be implemented. Implementation will start at the time of Royal assent, and all measures should be implemented by the end of 2027.
At the time of Royal Assent, or just after:
Repeal of the Strikes (Minimum Service Levels) Act and the majority of the Trade Union Act.
Protections against dismissal for taking industrial action
April 2026
Greater whistleblowing protections
Introduction of the Fair Work Agency.
October 2026
Extended duties to prevent sexual harassment to include taking all reasonable steps and preventing harassment by third parties.
Measures tackling fire and rehire.
Measures specific to adult social care, procurement and tipping.
Change to the time limit for bringing a claim
During 2027
Day-one protection from unfair dismissal
Bereavement leave
Flexible working
Enhanced protection for pregnant employees and new mothers.
Gender pay gap and menopause action plans
Collective redundancy consultation threshold
Measures to tackle misuse of zero hours contracts
Employers will be relieved to see that the measures which are likely to have the biggest impact on claims have been left until the later stages - including the extended time limit for bringing claims and day 1 protection from unfair dismissal. But with the amount of changes, there won't be much breathing room. It is important to start thinking about a plan to update policies and procedures.
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