Overview of the Employment Rights Bill (ERB)
The Government has recently published an ‘implementation roadmap’ for the Employment Rights Bill (ERB), which outlines when certain measures in the Bill are likely to be implemented.
The ERB represents the biggest change to employment law in a generation. With this in mind, the roadmap indicates the Government’s intention to stagger the implementation of changes to give employers time to understand the changes and adapt to them accordingly.
In the meantime, further consultations are planned to take place this year. The consultation phase will assist the Government in developing its final policy positions and practice guidance. Commencement timings will be informed by the insights from consultation. The consultation phase will begin in the summer of 2025 and end early 2026.
Immediate Measures (Post-Royal Assent)
Certain measures will take effect once the Bill receives Royal Assent, or soon afterwards. These measures include:
a. Repeal of the Strikes (Minimum Service Levels) Act 2023.
b. Repeal of the great majority of the Trade Union Act 2016 (some provisions will be repealed via commencement order at a later date).
c. Removing the 10-year ballot requirement for trade union political funds.
d. Simplifying industrial action notices and industrial action ballot notices.
e. Protections against dismissal for taking industrial action.
April 2026 Implementation Measures
The measures that will take effect in April 2026 include:
a) Collective redundancy protective award – doubling the maximum period of the protective award
b) 'Day 1' Paternity Leave and Unpaid Parental Leave
c) Whistleblowing protections
d) Fair Work Agency body established
e) Statutory Sick Pay – remove the Lower Earnings Limit and waiting period
f) Simplifying trade union recognition process
g) Electronic and workplace balloting
October 2026 Implementation Measures
The measures that will take effect in October 2026 include:
a) Fire and rehire
b) Bringing forward regulations to establish the Fair Pay Agreement Adult Social Care Negotiating Body
c) Procurement - two-tier code
d) Tightening tipping law
e) Duty to inform workers of their right to join a trade union
f) Strengthen trade unions' right of access
g) Requiring employers to take “all reasonable steps” to prevent sexual harassment of their employees
h) Introducing an obligation on employers not to permit the harassment of their employees by third parties
i) New rights and protections for trade union reps
j) Employment tribunal time limits
k) Extending protections against detriments for taking industrial action
2027 Implementation Measures
The measures that will take effect in 2027 include:
a) Gender pay gap and menopause action plans (introduced on a voluntary basis in April 2026)
b) Rights for pregnant workers
c) Introducing a power to enable regulations to specify steps that are to be regarded as “reasonable”, to determine whether an employer has taken all reasonable steps to prevent sexual harassment
d) Blacklisting
e) Industrial relations framework
f) Regulation of umbrella companies
g) Collective redundancy – collective consultation threshold
h) Flexible working
i) Bereavement leave
j) Ending the exploitative use of ZHCs and applying ZHC measures to agency workers
k) ‘Day 1’ right – protection from unfair dismissal
Guidance and Support for Implementation
Guidance and Statutory Codes of Practice will be developed by the Government, in collaboration with organisations such as ACAS, to clarify new requirements and help support compliance. The Government has stated that it will publish clear and comprehensive guidance in advance of the implementation dates to assist organisations in navigating the changes.
