Timetable for implementation of the Employment Rights Bill published

At a glance

• Most Employment Rights Bill (ERB) provisions, including the ‘day 1’ right to claim unfair dismissal, will not take effect until Autumn 2026 or later, with some key rights delayed until 2027.
• Early changes include repealing restrictive trade union laws, simplifying industrial action rules, and introducing ‘day 1’ rights for paternity and unpaid parental leave by April 2026. Protections against dismissal for industrial action and whistleblowing will also be introduced.
• October 2026 reforms: New duties on employers to prevent sexual harassment, strengthen trade union rights, and regulate tipping and fire-and-rehire practices will come into force.
• 2027 reforms: Major changes include the ‘day 1’ unfair dismissal right, flexible working rights, protections for pregnant workers, and regulation of umbrella companies and zero-hours contracts (ZHC).
• Consultations on key reforms will run from Summer 2025 through to early 2026.

The government has published its long-awaited indicative timetable for implementation of the ERB: Implementing the Employment Rights Bill – Our roadmap for delivering change.

The key takeaway is that many of the provisions of the ERB will not come into force until Autumn 2026 and beyond, including the ‘day 1’ right to claim unfair dismissal which will not come into force until 2027.

Timetable for legislation

The commencement timetable is intended to be as follows:

• Measures that will take effect at Royal Assent or soon afterwards include:
• Repeal of the Strikes (Minimum Service Levels) Act 2023.
• Repeal of the great majority of the Trade Union Act 2016 (some provisions will be repealed via commencement order at a later date).
• Removing the ten year ballot requirement for trade union political funds.
• Simplifying industrial action notices and industrial action ballot notices.
• Protections against dismissal for taking industrial action.

• Measures that will take effect in April 2026 include:
• Collective redundancy protective award – doubling the maximum period of the protective award.
• ‘Day 1’ paternity leave and unpaid parental leave.
• Whistleblowing protections.
• Fair Work Agency body established.
• Statutory Sick Pay – remove the Lower Earnings Limit and waiting period.
• Simplifying trade union recognition process.
• Electronic and workplace balloting.

• Measures that will take effect in October 2026 include:
• Fire and rehire.
• Bringing forward regulations to establish the Fair Pay Agreement Adult Social Care Negotiating Body.
• Procurement – two-tier code.
• Tightening tipping law.
• Duty to inform workers of their right to join a trade union.
• Strengthen trade unions’ right of access.
• Requiring employers to take ‘all reasonable steps’ to prevent sexual harassment of their employees.
• Introducing an obligation on employers not to permit the harassment of their employees by third parties.
• New rights and protections for trade union reps.
• Employment tribunal time limits.
• Extending protections against detriments for taking industrial action.

• Measures that will take effect in 2027 include:
• Gender pay gap and menopause action plans (introduced on a voluntary basis in April 2026).
• Rights for pregnant workers.
• 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.
• Blacklisting.
• Industrial relations framework.
• Regulation of umbrella companies.
• Collective redundancy – collective consultation threshold.
• Flexible working.
• Bereavement leave.
• Ending the exploitative use of ZHC's and applying ZHC measures to agency workers.
• ‘Day 1’ right – protection from unfair dismissal.

Implementation of the gender pay gap outsourcing measure will be dependent on timelines for broader changes to pay gap reporting, including related measures in the draft Equality (Race & Disability) Bill.

Timetable for consultation

The timetable for consultation is as follows:

• Summer / Autumn 2025:
• Reinstating the School Support Staff Negotiating Body.
• Fair pay agreement for the Adult Social Care sector.
• Giving employees protection from unfair dismissal from ‘day 1’, including on the dismissal process in the statutory probation period

• Autumn 2025:
• A package of trade union measures including electronic balloting and workplace balloting
• Simplifying trade union recognition processes.
• Duty to inform workers of their right to join a trade union; and, right of access. New rights and protections for trade union representatives will be covered by an ACAS Code of Practice consultation.
• Fire and rehire.
• Regulation of umbrella companies.
• Bereavement leave.
• Rights for pregnant workers.
• Ending the exploitative use of ZHCs.

• Winter / early 2026:
• A package of trade union measures including protection against detriments for taking industrial action and, blacklisting.
• Tightening tipping law.
• Collective redundancy.
• Flexible working.