Employment Rights Bill roadmap — what’s changing & when

The Employment Rights Bill (ERB) has now received Royal Assent — the formal approval required for legislation to become law — marking the most significant overhaul of workplace rights in decades. While the Government’s roadmap allows time for consultation and, in some cases, the introduction of regulations to provide much‑needed detail on how the new laws will work, it’s crucial that employers start planning now.

Here, Amber Ward breaks down what’s changing, when it’s happening and how you can prepare. 

Royal Assent & immediate changes 

With Royal Assent granted, the Strikes (Minimum Service Levels) Act 2023 and most provisions of the Trade Union Act 2016 have been — or will soon be — repealed. Requirements for industrial action notices have now been simplified and new protections against dismissal for taking part in lawful industrial action have come into effect.

Employers should review and update industrial action policies and dismissal procedures early to build trust with unionised workforces, reduce the risk of employment disputes and strengthen employee relations and operational stability. 

April 2026 — new leave entitlements & SSP reform

From April 2026, employees will gain day-one entitlement to paternity leave and unpaid parental leave and Statutory Sick Pay (SSP) through the removal of the lower earnings limit and the three-day waiting period. In parallel, electronic and workplace balloting will be introduced, the Fair Work Agency will be established and whistleblowing protections will be reinforced.

Employers should audit family leave policies and HR systems to record day-one entitlements and SSP provisions. Record-keeping and compliance processes should be reviewed ahead of the Fair Work Agency’s launch and whistleblowing procedures should be updated to meet the new standards.

October 2026 — harassment prevention & restructuring rules

Further reforms will follow in October 2026 including a ban on fire and rehire practices, reinforced trade union rights of access and an extension in Employment Tribunal time limits from three to six months. 

Employers will also be subject to a new statutory duty to take ‘all reasonable steps’ to prevent sexual harassment, along with an obligation to safeguard employees from third-party harassment. 

Additional changes include regulations to establish the Fair Pay Agreement Adult Social Care Negotiating Body, tighter rules on tipping and extended protections against negative treatment for participating in industrial action. 

Employers should reassess their redundancy and restructuring procedures to eliminate any reliance on fire and rehire practices, update anti-harassment policies and implement robust training and prevention measures.  

2027 — expanded worker protections & transparency duties

In 2027, the qualifying period for unfair dismissal will be reduced to six months and the statutory cap on the compensatory award in unfair dismissal cases will be removed. In addition, a new day-one right to bereavement leave will come into force, as will enhanced protections for pregnant workers and a more onerous approach for employers in dealing with flexible working requests. 

Employers will also take on new obligations such as publishing gender pay gap and menopause action plans, complying with regulations on umbrella companies and adhering to revised collective redundancy thresholds. Additional reforms will address blacklisting, strengthen the industrial relations framework, end ‘exploitative’ zero-hour contracts (including for agency workers) and introduce a power to define what counts as ‘reasonable steps’ in preventing sexual harassment. 

Mindful of the changes in relation to unfair dismissal, employers should start by reviewing and — if necessary — tightening recruitment and performance management procedures as well as updating contracts of employment and policies. In relation to the other changes, employers should assess and update policies and contracts to reflect the new day-one right to bereavement leave, audit zero-hours and agency arrangements and make sure that they’re ready for new redundancy and umbrella company rules. Larger organisations with 250 or more employees should begin drafting equality and menopause action plans for publication. 

Talk to us

Businesses that take proactive steps now will set themselves apart as leaders in a rapidly evolving employment landscape. With so many reforms on the horizon, early preparation sends a clear message that your organisation is committed to doing right by its people. 

Our award-winning employment law specialists support businesses in navigating the ERB with confidence, offering expert advice on everything from policy updates to manager training.   

Talk to us by calling 0333 004 4488, emailing hello@brabners.com or completing our contact form below.