The roadmap for implementing the Employment Rights Bill (the Bill) has now been published. The Ministerial forward emphasises the government's determination to implement reforms "as swiftly as possible" while working collaboratively with business to make them a success.
Crucially, the government acknowledges that "this Bill must work in practice, not just on paper", which explains their commitment to extensive consultation and a staggered implementation to several of the most significant reforms. The government wants to ensure that "there is a proper business readiness period" to aid with the understanding of and preparation for the reforms "long before they come into force".
The Employment Rights Bill Implementation Roadmap (the Roadmap) reiterates the claim that this represents "the biggest upgrade to workers' rights in a generation" and serves as "our pathway to putting fairness back in the workplace, delivering tangible benefits to working people at pace".
While the Bill certainly ushers in significant changes "at pace", employers will be relieved that some measures are not coming in quite as quickly as anticipated!
Consultations on the horizon
The government is keen to emphasise that policy development will be informed by engagement and consultation. Some measures may require multiple rounds of consultation, particularly where Codes of Practice need updating or developing. The government has committed to ensuring employers, workers, trade unions and other stakeholders get adequate time to prepare for change.
From now onwards, we can expect a continuous series of consultations to feed into. Here's a taster of what's to come – additional consultations may be added as policy development progresses.
Summer/Autumn 2025 consultations:
Education sector changes - Reinstatement of the School Staff Negotiating Body (SSSNB).
Adult social care – The Fair Pay Agreement for the Adult Social Care Sector.
Unfair dismissal reform
- "Day1" protection from unfair dismissal – detailed consultations on how this fundamental change will operate.
- Dismissal process mechanics within new statutory protection period.
Autumn 2025 consultations:
Trade union package – phase 1:
- Electronic balloting systems - technical requirements and security measures.
- Workplace balloting - practical arrangements and safeguards.
- Simplification of trade union recognition processes - streamlined procedures and thresholds.
- Duty to inform workers of their right to join a trade union.
- Right of access for trade unions.
- New rights and protections for trade union representatives will be covered by an Acas Code of Practice consultation.
Employment protection measures:
- Consultation on fire and rehire.
- Regulation of umbrella companies.
Enhanced worker rights:
- Bereavement leave entitlement.
- Rights for pregnant workers.
- Zero hours contracts measures.
Winter/early 2026 consultations:
Trade union package – phase 2:
- Protection against detriments for taking industrial action.
- Anti-blacklisting measures.
Employment law reforms:
- Collective redundancy provisions.
- Changes to the flexible working regime.
- Tightening up of the existing tipping laws.
A phased approach to the measures in the Bill
The government's timeline in the Roadmap represents an "initial view" and may change following the consultations and the impacts they reveal in relation to proposed commencement dates.
The government will use common commencement dates - 6th April and 1st October – for the majority of regulations made under the Bill.
So what do employers have to look forward to, and when?
Royal Assent or soon afterwards – Expected early Autumn 2025
Immediate repeals
- The Strikes (Minimum Service Levels) Act 2023 will be repealed.
- Repeal of the vast majority of the Trade Union Act 2016.
Trade union reforms taking immediate effect:
- Removal of the 10-year ballot requirement for trade union political funds.
- Industrial action notice and ballots will be simplified.
- Introduction of protection against dismissal for taking industrial action.
April 2026 implementation
- Changes to the collective redundancy protective award
- "Day 1" right to paternity leave and unpaid parental leave will be introduced.
- Establishment of the Fair Work Agency
- Removal of Lower Earnings Limit and waiting period for Statutory Sick Pay.
- New category of protected disclosure relating to sexual harassment will be introduced.
- The trade union recognition process will be simplified and electronic and workplace balloting will be introduced.
October 2026 implementation
- Fire and rehire provisions will be introduced.
- Regulations to establish the Fair Pay Agreement Adult Social Care Negotiating Body will be brought forward.
- The duty to inform workers of their right to join a trade union will come into force and trade unions' rights of access will be strengthened.
- New rights and protections for trade union representatives will be introduced.
- Extended protection against detriments for taking industrial action.
- Mandatory requirement on employers to take "all reasonable steps" to prevent sexual harassment of their employees.
- New obligation preventing employers from permitting harassment of their employees by third parties.
- Employment tribunal time limits will be extended from three to six months.
- Reinstatement of the two-tier code for public sector contracts.
- The tipping law will be tightened to impose additional obligations on employers when it comes to their written tip allocation policies.
2027 implementation
- "Day 1" right to protection from unfair dismissal will be introduced – the most significant change for employers.
- "Day 1" right to flexible working.
- Mandatory publication of gender pay and menopause action plans (voluntary from April 2026).
- New rights for pregnant workers.
- Statutory right to bereavement leave.
- Power enabling regulations to specify "reasonable" steps when determining whether an employer has taken all reasonable steps to prevent sexual harassment will come into force.
- New collective consultation thresholds, as well as a new industrial relations framework.
- Regulation of umbrella companies will be introduced.
- An end to the use of exploitative zero hours contracts.
Time to take stock
While the Roadmap provides a useful planning framework, the reality is that preparation remains challenging when so much policy detail still requires development.
Thankfully the government has committed to producing comprehensive guidance supporting employers to adapt to the new reforms. Once guidance and/or Codes of Practice are developed, the government will build in familiarisation time for all stakeholders – employers, workers, trade unions and others – ensuring this preparation period is built into implementation plans.
