The government’s ‘Plan to Make Work Pay’ introduced wide-ranging changes to employment law in a bid to tackle low pay and working conditions and enhance employment rights. The Employment Rights Bill (ERB) includes key reforms such as extending protection from unfair dismissal from day one of employment, changes to Statutory Sick Pay (SSP) and a ban on fire and re-hire practices.
On 1 July 2025, the government published a roadmap outlining the planned timeline for consultations, amendments, and enforcement of these changes. We have summarised the key points/dates of the phased implementation below:
At Royal Assent or soon afterwards
The Repeal of the Strikes (Minimum Service Levels) Act 2023 and the majority of the Trade Union Act 2016 is part of a broader strategy to strengthen workers’ rights and foster better industrial relations by enabling trade unions to more effectively organise and represent employees and engage in collective bargaining. There will also be protection for workers to prevent employers dismissing them for taking part in industrial action.
April 2026
As part of a comprehensive reform agenda to strengthen employee rights and support working families, new provisions will remove the qualifying service periods for access to unpaid parental and paternity leave, so that employees are entitled to these benefits from their first day of employment.
Changes to SSP will include the removal of the lower earnings limit so that it is extended to all employees regardless of their earnings. SSP will also be payable from the first day of sickness absence, removing the current three-day waiting period.
The maximum period for protective awards in cases where an employer has failed to comply with its collective consultation obligations in large-scale redundancy situations will be doubled, from 90 to 180 days’ pay.
Enhanced whistleblower protections will be introduced to expand the range of those protected and the types of disclosures covered – particularly in relation to sexual harassment. Employer obligations will be introduced to implement clear and transparent reporting procedures and ensure managers are properly trained to handle such disclosures.
There will be a package of trade union reforms including simplification of the trade union recognition process and introduction of electronic balloting.
October 2026
The changes to the ERB will restrict the use of fire-and-rehire practices, used by employers to dismiss employees for failing to agree potential changes to their employment contract, then rehire them on potentially less favourable contract terms.
There will be further trade union reforms including a duty on employers to inform workers of their right to join a trade union. Employers will be required to issue a written statement to workers, supplementing the existing Section 1 statement of employment particulars. There will also be further protections for workers against detriments for taking industrial action.
Changes to the Worker Protection (Amendment of Equality Act 2010) Act 2023 will require employers to take ‘all reasonable steps’ to prevent sexual harassment of employees in the workplace and will introduce new protections for workers against harassment (based on any protected characteristic, not just sex) by third parties.
The Employment (Allocation of Tips) Act 2023 bill which came into force 1 October 2024, requires employers to fairly distribute 100% of tips to staff with no deductions, other than those that are legally required. The changes to the ERB will require employers to consult with employees or their representatives before creating or amending tipping policies, ensuring transparency and fairness in distribution.
2027
The day one right to protect employees from unfair dismissal will be introduced to ensure all workers are treated fairly from the start of their employment. Employees currently require two years of service to claim unfair dismissal.
From 2027, it will be mandatory for employers to publish action plans alongside gender pay gap reports and develop menopause support strategies (voluntary from April 2026). There will also be new rights for pregnant workers and new mothers, including enhanced redundancy protection until 18 months after birth or adoption and protection from dismissal within six months of their return to work, except in specific circumstances.
Employees will be granted the right to at least one week of unpaid bereavement leave from day one of employment if they lose a loved one – details as to the definition of ‘loved one’ are still to be confirmed. In addition, statutory bereavement leave will be extended to employees who experience pregnancy loss before 24 weeks, protecting employees who experience a miscarriage at any stage of pregnancy.
New measures will be introduced to protect workers on zero-hour contracts. The changes aim to address concerns with regards to one-sided flexibility and provide greater security for workers.
A day one right for all employees to request flexible working will be implemented, removing the previous requirement of 26 weeks of continuous service.
What do these changes mean for employers? The detail of some of these changes is still subject to consultation, but with most anticipated to take effect by next autumn, organisations need to prepare. Reviewing contracts, policies, and procedures will be a good first step.
It’s fair to say that changes to the ERB will significantly transform employee relations in the coming years. If you’re an employer and would like to discuss these changes in more detail, or if you need support updating policies and procedures, the team are on hand to assist. Get in touch on 01942 727200 or email enquries@employeemanagement.co.uk to see how we can help.