ASUPDATE
In addition to the below, you may be interested in Gravitate’s latest update on the Employment Rights Bill – available at: https://gravitatehr.co.uk/what-the-employment-rights-bill-means-for-employers/
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The Labour Government has recently published an Implementation Road Map for their Employment Rights Bill. The timetable extends into 2027, when it is worth noting that the much-talked-about ‘Day 1’ right to claim unfair dismissal is expected to come into force. This phased implementation is to be welcomed by employers since it provides some clarity on timing when key changes are likely to take effect to allow planning and preparation before the proposed reforms come into force.
It is expected that the Employment Rights Bill will receive Royal Assent in early autumn (2025) but details around policy and implementation will be set out in secondary legislation which will still be subject to consultation.
Key dates when various measures are expected to take effect are detailed below:
Immediately after the bill is passed:
- Repeal of the Strikes (minimum service levels) Act 2023 and the majority of the Trade Union Act 2016
- Protections against dismissal for taking industrial action.
April 2026:
- Family leave: paternity and unpaid parental leave become a ‘day 1’ right
- Statutory sick pay: removal of the Lower Earnings Limit and the 3 days waiting period of unpaid statutory sickness pay
- Whistleblowing protection: the protection of sexual harassment disclosures under whistleblowing legislation
- Trade Unions: simplified recognition process and introduction of electronic balloting
- Collective consultation: protective award doubled from 90 to 180 days pay
- Fair Work Agency: to be established but the extent of its powers are unclear at this time
We would suggest it is not too early to start planning and preparing for the impact of the initial changes coming in April 2026. Employers would be advised to start planning now for a potential increase to their sick pay budgets as the removal of the unpaid waiting period and the potential for more employees to qualify for payment are both likely to increase costs. Paternity, Parental Leave and Whistleblowing Policies as well as Absence policies will also need to be reviewed.
As we have suggested in a previous blog – Employee Relations and Trade Union Rights HR Basics: Trade Unions & Employee Relations the Employment Rights Bill sees the biggest shake up of workers and Trade Union rights in a generation. Some changes will be in effect later this year, some more April 2026 as noted above. Employers not currently unionised should be preparing for these changes and those who are unionised will need to revisit their current arrangements in light of the new legislation.
Further reforms are expected in October 2026 and include:
- Sexual Harassment: Strengthened duties on employers to take all reasonable steps to prevent sexual harassment (emphasis to be added on ‘all’)
- Harassment – obligation on employers not to permit the harassment of their employees by third parties
- Fire and rehire: ban introduced other than in limited circumstances
- Trade Union rights: various trade union rights and protections for trade union representatives, extending protections against detriments for taking industrial action and strengthening trade unions’ right of access.
If you think you need support with any of the forthcoming changes, why not book a call or contact us on 0141 459 7458 to see how we can help.
