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04.07.2025

Timeline: when will the Employment Rights Bill come into force?

The Employment Rights Bill Implementation Roadmap, recently published by the Government, outlines its anticipated timeline for bringing the Bill's measures into effect. 

Although the Bill was initially expected to receive Royal Assent and become law before Parliament's summer recess (22 July - 1 September), it now appears more likely to happen after the summer break. Even once enacted, the changes will not be introduced all at once but will instead be rolled out in phases. 

Unfair dismissal - day one right

One of the most significant reforms proposed in the Bill is the removal of the two-year qualifying service period for bringing an unfair dismissal claim, alongside introducing a simplified dismissal process during a probationary period. 

While the government's ‘Next Steps to Make Work Pay’ paper had previously said that “Reforms of unfair dismissal will take effect no sooner than autumn 2026”, this roadmap states implementation will not take place until 2027. However, it remains unclear whether this will be early, mid, or late in the year. 

To iron out more of the details about this change, such as how long the probationary period should last, a consultation will be launched - expected sometime this summer or autumn.  

Harassment

Interestingly, the roadmap indicates that the new provisions making employers liable for third-party harassment - unless they have taken all reasonably practicable steps - will not come into force until October 2026. This is later than expected, particularly given that no further substantive regulations are required to implement the change. 

Similarly, the enhancement of the duty on employers to prevent sexual harassment - from taking “reasonable steps” to taking “all reasonable steps” - is scheduled for October 2026. However, employers will have to wait until 2027 for the accompanying regulations that will define what constitutes “reasonable steps”. This approach feels misaligned - employers will face liability before they have this further detail. 

Redundancy - collective consultation 

As the Bill progressed through the House of Commons, we saw changes to the proposed threshold for triggering collective consultation. The current version of the Bill now provides that the duty will arise where an employer proposes to dismiss as redundant, within a period of 90 days or less, either 20 or more employees at one establishment (the current position), or at least the “threshold number of employees”. 

The roadmap explains that this change is not expected until 2027, with a consultation planned for this winter or early 2026 to work through the remaining details. For example, we don't yet know what the “threshold number of employees” will be. 

The increase to the protective award for failures in collective consultation - from 90 days' pay to 180 days' pay - is set to take effect sooner, in April 2026. 

Zero-hour contracts

The Bill introduces a range of measures affecting zero-hour and low-hour (yet to be defined) contracts. These include a right for workers to be offered a guaranteed number of hours at the end of each reference period, based on the hours actually worked; requirements for reasonable notice of shifts and any changes; and compensation where changes are made at short notice. The proposals are complex, and it's perhaps unsurprising that the government's roadmap confirms these changes will not take place until 2027. It will consult on this in the autumn.   

Trade unions 

The first changes to take effect, immediately after the Bill receives Royal Assent, will be the repeal of the Strikes (Minimum Service Levels) Act 2023 and most of the Trade Union Act 2016. Protections against dismissal for taking industrial action will also come into force at that point. 

However, other trade union reforms will follow a different timeline. Electronic balloting and workplace balloting, as well as the simplification of trade union recognition processes are expected in April 2026. The new duty to inform workers of their right to join a union, and the strengthening of the right of access will follow in October 2026. 

A further two consultations about trade union reforms are expected. One this autumn and one in the winter/early 2026. 

Other changes

According to the roadmap, other changes that will take place in April 2026 include the introduction of a ‘day one’ right to paternity leave and unpaid parental leave, as well as reforms to statutory sick pay (the lower earnings limit and waiting periods will be removed). The Fair Work Agency Body is also expected to be established at this time. 

In October 2026, we expect the reforms to ‘fire and rehire', making it automatically unfair to dismiss and re-engage an employee on new terms unless the employer is facing extreme financial difficulties and the changes are unavoidable. A consultation is also expected on this in Autumn 2025. 

Also expected in October 2026, and particularly relevant to the retail and hospitality sectors, is that employers will be required to consult with a recognised trade union or worker representatives on their tipping policy, and to review that policy every three years. A consultation on this is anticipated in winter 2025 or early 2026. 

Another change scheduled for October 2026 is the extension of the time limit for bringing employment tribunal claims, increasing from three to six months. 

Looking even further ahead to 2027, the government plan the following changes to take effect: 

  • The introduction of the gender pay gap and menopause action plans
  • Enhanced rights for pregnant workers, with a consultation planned in autumn 2025
  • A new requirement for employers to reasonably justify refusals of flexible working requests under the eight statutory grounds, with consultation expected in winter 2025 or early 2026
  • The introduction of a statutory right to bereavement leave, with a consultation planned in autumn 2025

Timings still subject to change

It's worth noting that while the government has set out these timeframes, these are not set in stone and may be subject to change. Employers should continue to monitor developments closely to stay informed about when each measure will come into force. Much of the detail surrounding these changes will emerge through the upcoming consultations, so employers should engage where appropriate and monitor the outcomes closely. 

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