The Employment Rights Bill: A New Era for Workers’ Rights
Unless you’ve been living under a rock, of just been very busy, there’s no doubt you haven’t hear about the Employment Rights Bill. It looks set to overhaul key aspects of employment law, introducing stronger protections for workers, limiting some employer practices, and enhancing new rights around flexibility and fair treatment.
This month the government has issued a road map for implementing the new elements of the Employment Rights Bills, detailing a timetable all the way up to 2027. The timetable is not set in stone and maybe subject to change.
When’s It All Happening?
Most changes will come into force in 2026 or 2027, following further consultations. Key dates to watch:
April 2026: SSP changes (removal of the lower earnings limit and waiting period), enhanced whistleblowing protections, Day 1 paternity and unpaid paternity leave. The protective award for collective redundancies is doubled to 180 day gross pay
October 2026: Ban on fire and rehire of employees, enhanced sexual harassment rules including 3rd parties , holiday records, expanded trade union rights, increase to time limits for making Employment Tribunal claims.
2027: zero-hours reforms, day-one unfair dismissal changes, fire & rehire restrictions
Here’s a snapshot of the key changes on the horizon:
Stronger Day One Protections
Employees will no longer have to wait two years for unfair dismissal protection. From day one, employers will need to justify dismissals properly — although a more informal process will apply in the first 9 months for conduct, capability, illegality, or other substantial reasons (but not redundancy).
Clampdown on Fire & Rehire
Employers won’t be able to dismiss employees simply to impose less favourable terms on core contractual items like pay, hours, pensions, or shift patterns. Doing so will risk automatic unfair dismissal claims.
Redundancy Consultation Overhaul
Employers will need to consult where redundancies meet new thresholds, potentially calculated across all sites, not just one location. Protective awards for failure to consult could double from 90 to 180 days’ pay.
Ending Exploitation of Zero-Hours Workers
Workers on zero or low guaranteed hours will have a right to secure regular hours after a 12-week reference period. Employers must offer equivalent hours or risk tribunal claims.
Predictable Work Schedules & Compensation for Cancellations
Workers will have rights to reasonable notice of changes or cancellations to their shifts, with compensation for last-minute changes (likely less than 48 hours’ notice).
Enhanced Flexible Working Rights
Employers must provide clear, reasonable reasons for refusing flexible working requests — though the statutory business reasons remain unchanged.
A Focus on Preventing Harassment
Employers must take all reasonable steps to prevent harassment, including from third parties. Whistleblowing protections explicitly cover disclosures of sexual harassment.
NDAs Under the Microscope
Restrictions on NDAs in harassment and discrimination cases will likely extend to contractors and interns, though some exceptions remain.
Trade Union Rights Strengthened
Unions will gain rights to digital and physical access, and employers will have to inform workers of their right to join a union.
Statutory Sick Pay Reform
SSP will be payable from day one and to all eligible employees, regardless of earnings, with a new rate for those earning below the threshold.
Holiday Records a Legal Requirement
Employers will face criminal penalties if they fail to keep six years’ worth of holiday pay and entitlement records.
Regulation of Umbrella Companies
Umbrella companies will finally be brought under proper regulation, with further details to follow.