The government’s Employment Rights Bill (ERB) is a mammoth collection of very significant changes to employment rights including changes to the law on unfair dismissal, greater rights for unions and an effective ban on fire and rehire. We expected the majority of the reforms to take place next year in 2026, but the government has now set out a roadmap for implementing the ERB which allows for a much more gradual and staggered enactment of the various changes. Set out below are some of the key dates to look out for. Of most note is that changes to the unfair dismissal regime and the super-complicated rules on zero hours workers are now not due to take effect until 2027. Look out though for some very significant changes coming into effect in April 2026, such as the doubling of the protective award for a failure to inform and consult on collective redundancies from 90 to 180 days and removal of the waiting period and lower earnings limit for Statutory Sick Pay.
April 2026
- Collective redundancy – doubling the protective award
- Statutory Sick Pay – removal of the three-day waiting period to receive SSP and removal of the lower earnings limit for entitlement
- Day 1 right to Paternity Leave and Unpaid Parental Leave
- Simplifying the trade union recognition process
- Fair Work Agency body established
October 2026
- Fire and rehire – automatic unfair dismissal unless a very narrow exception exists
- Extending the duty to prevent sexual harassment to mean employers must take “all reasonable steps”
- A new stand-alone protection from third party harassment
- Employment tribunal time limits - increase from three to six months
- Tightening the law on tips
- A new duty to give workers a written statement of their right to join a trade union
- A new right for trade unions to access the workplace
2027
- “Day 1” right – protection from unfair dismissal
- New rules on zero hours contracts also covering agency workers
- Broadening the threshold for the requirement to consult collectively to those dismissed across the employer’s organisation (no longer at the establishment in question)
- Bereavement leave – expansion of eligibility
- Gender pay gap and menopause action plans (introduced on a voluntary basis in April 2026)
- 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
- Flexible working – minor changes
Many of these measures are going to be the subject of further consultation. For example, there will be consultation about changes to the unfair dismissal regime in summer/autumn 2025, in addition to the new restrictions on fire and rehire. We await the completion of these consultations for further regulations, guidance and Codes of Practice.
If you would like more information about the changes due to take effect under the ERB, we are happy to do some in-house training on this topic. Please do get in touch if this would be of interest.