Government Releases Roadmap for Employment Rights Bill Implementation

On Tuesday, the Government published ‘Implementing the Employment Rights Bill – Our roadmap for delivering change‘, setting out the timeline for implementation of the Employment Rights Bill, which will enter report stage in the House of Lords in the coming weeks.

Opting for a staggered approach, notable reforms, such as extending unfair dismissal protection to workers as a day-one right, and ending the use of exploitative zero-hours contracts will be implemented in the latest stage of implementation in 2027.

The plan seeks to “allow employers, workers, trade unions and other stakeholders to have the time and space to work through the detail of each key measure”, and therefore also includes a phased approach to engagement and consultation on the Bills measures. The Government has indicated that the first phase of consultations will be on ‘day-1’ protection from unfair dismissal, as well as the arrangements establishing the SSSNB and Fair Pay Agreement for the ASC Sector. Other notable reforms on fire and rehire and zero-hours contracts will also be subject to further consultation later in 2026. The consultation findings will inform the Government’s development of ‘final policy positions’ to deliver the Bill’s measures.

Measures that are set to take immediate effect at Royal Assent or soon afterwards include repealing the Strikes (MSL) Act 2023 as well as the great majority of the TU Act (2016) and implementing protections against dismissal for taking industrial action. However, some concern has been expressed over the two-year wait for several of the new rights contained within the Bill, with Unite’s Sharon Graham saying:

It is important that many key collective rights in the bill will come into effect relatively quickly. But it is disappointing that the government has created a long and winding road before other much needed rights come into effect.

The timeline to implementation is set out as follows:

After the bill is passed:

• Immediate repeal of the strikes (minimum service levels) act 2023 and the majority of the trade union act 2016 to create a better relationship with unions that will prevent the need for strikes.
• Protections against dismissal for taking industrial action to ensure workers can defend their rights without fear of losing their jobs.

April 2026:

• Collective redundancy protective award – doubling the maximum period of the protective award to provide stronger financial security for workers facing mass redundancies.
• ‘Day one’ paternity leave and unpaid parental leave to support working families from the very start of employment.
• Whistleblowing protections to encourage reporting of wrongdoing without fear of retaliation.
• Fair work agency established to enforce labour rights and promote fairness in the workplace.
• Statutory sick pay – removing the lower earnings limit and waiting period
• A package of trade union measures including simplifying trade union recognition process and electronic and workplace balloting to strengthen democracy and participation in the workplace.

October 2026:

• Ending unscrupulous fire and rehire practices to protect workers from being forced into worse terms under threat of dismissal.
• Regulations to establish the fair pay agreement adult social care negotiating body in England to raise standards and pay in the social care sector.
• Tightening tipping law – strengthen the law on tipping by mandating consultation with workers to ensure fairer tip allocation.
• Requiring employers to take “all reasonable steps” to prevent sexual harassment of their employees to create safer, more respectful workplaces.
• Introducing an obligation on employers not to permit the harassment of their employees by third parties to extend protections to all work environments, including public-facing roles.
• A package of trade union measures including new rights and protections for trade union representatives, extending protections against detriments for taking industrial action and strengthening trade unions’ right of access.

2027:

• Gender pay gap and menopause action plans (introduced on a voluntary basis in April 2026) to promote gender equality and support women’s health in the workplace.
• Enhanced dismissal protections for pregnant women and new mothers to safeguard job security during pregnancy, maternity leave and a return-to-work period.
• Further harassment protections, specifying reasonable steps which will help determine whether an employer has taken all reasonable steps to prevent sexual harassment to provide clearer guidance and stronger enforcement against harassment.
• Creating a modern framework for industrial relations to build a fairer, more collaborative approach to workplace relations.
• Bereavement leave to give workers time to grieve with job security.
• Ending the exploitative use of zero hours contracts to provide workers with stable hours and predictable income.
• ‘Day 1’ right to protection from unfair dismissal to ensure all workers are treated fairly from the start of employment.
• Improving access to flexible working to help people balance work with family, health, and other responsibilities.