Employment Rights Bill Timeline
Key Points
- The ERB is expected to pass in late 2025.
- There will be a number of changes shortly after it passes, with more throughout 2026.
- There will also be consultations in late 2025 and early 2026.
Late 2025
Employment Rights Bill passes.
Shortly after, expect:
- The repeal of Strikes (Minimum Service Levels) Act 2023 (immediately) and (most of) Trade Union Act 2016.
- The simplification of ballot and industrial action notices, the notice required for industrial action reduced to 10 days.
- Ballot mandates increased to 12 months, increased protections for employees taking industrial action, political fund rules change.
April 2026
- Maximum collective redundancy protective award increases to 180 days' (gross) pay per affected employee.
- “Day One” Paternity and Parental Leave introduced and Paternity/Shared Parental Leave restriction removed.
- Increased whistleblowing protections (e.g. for sexual harassment allegations) introduced.
- Fair Work Agency is established, Statutory Sick Pay changes (removal of waiting days and increased eligibility by removal of lower earnings limit).
- Additional Trade Union changes (simplification of recognition process and introduction of electronic balloting).
October 2026
- 'Fire and rehire' changes introduced.
- Changes to 'tipping legislation'.
- Sexual harassment changes (introduction of “all reasonable steps” preventative duty).
- Employer liability introduced for workplace third party harassment (for relevant protected characteristics harassment and sexual harassment).
- An increase to employment tribunal time limits (3 to 6 months).
- Additional Trade Union rights introduced (including duty to inform employees of their right to join a Union).
- New protections for Trade Union representatives, protections from detriment for taking industrial action.
- New Trade Union workplace access rights.
Consultations Late 2025
- Unfair dismissal “Day One” protection and dismissal process in 'initial period of employment'.
- Trade Union rights - workplace access rights and employer duty to inform workers of right to join Trade Union. Also expect consultation on a new ACAS Code of Practice on rights and protections for Trade Union representatives.
- Rights for pregnant women, fire and rehire, bereavement leave, regulation of umbrella companies.
Consultations Early 2026
- Further consultation on Trade Union matters (protection against detriment for taking part in Trade Union activities and blacklisting).
- Collective consultation changes and changes to statutory flexible working.
- Ending exploitative zero/low hour and agency worker contracts.
- Tightening tipping law.
- New Code of Practice on Trade Union workplace access rights.
What you can do now
- Review employment contracts .
- Amend policies and HR practices.
- Review and update probation periods and processes during probation (e.g. performance management).
- Review absence management processes and reporting.
- Update family friendly policies and flexible working processes and procedures.
- Workforce planning: review redundancy processes and be aware of new collective rights.
- Audit workforces - review use of agency staff, umbrella companies, zero/low hours workers.
- Review equality and harassment policies and implement sexual harassment audits and training for staff and managers (which covers third party sexual harassment and harassment).
- HR and manager training across the suite of changes.
Contact Us
Contact our employment team on erb@doyleclayton.co.uk or call +44 (0)20 7329 909
Emma O'Connor
Emma is an employment law partner and is head of client training, working with clients to deliver tailored training to ensure compliance and best practices.
- Partner & Head of Client Training
- T: +44 (0)118 207 5526
- Email me
The articles published on this website, current at the date of publication, are for reference purposes only. They do not constitute legal advice and should not be relied upon as such. Specific legal advice about your own circumstances should always be sought separately before taking any action.