When will Employment Rights Bill be implemented?
When will Employment Rights Bill be implemented?
The government has published an implementation roadmap for the Employment Rights Bill. This outlines when measures in the Bill are likely to be brought into force and when further consultations are planned to take place. What is the timetable?
Royal Assent?
The Employment Rights Bill had been expected to receive Royal Assent before the parliamentary summer recess but that didn't happen. So Royal Assent is now expected in autumn 2023. However, as set out in the roadmap, the Bill's measures will be implemented in phases and key details on many of the measures are also to be consulted on.
Phased implementation
The measures that will take effect shortly following Royal Assent relate to trade union law, including repealing the Strikes (Minimum Service Levels) Act 2023 and most of the Trade Union Act 2016.
6 April 2026. Measures expected to take effect from 6 April 2026 include: (1) key one rights to paternity leave and unpaid parental leave; (2) removal of the lower earnings limit and waiting period for statutory sick pay (SSP); (3) establishment of the new Fair Work Agency (but it won't be fully up and running then); (4) enhanced whistleblowing protections; and (5) doubling the maximum protective award for breach of collective redundancy consultation rules.
1 October 2026. Measures expected to take effect from 1 October 2026 include: (1) restrictions on fire and rehire; (2) the requirement for employers to take "all" reasonable steps to prevent sexual harassment; (3) the introduction of employer liability for third-party harassment; (4) the new duty to inform workers of their right to join a trade union; (5) extension of employment tribunal time limits to six months; and (6) stronger tipping laws.
2027. Measures that are now not expected to take effect until 2027 include: (1) the introduction of day one unfair dismissal rights; (2) the zero-hours contracts abuse provisions; (3) changes to flexible working; (4) the new right to bereavement leave; (5) changes to the collective redundancy consultation threshold; (6) enhanced dismissal protections for pregnant employees; and (7) mandatory gender pay gap and menopause action plans.
Tip. No dates are stated for when these will take effect in 2027, but the government is to use the common commencement dates of 6 April and 1 October for most regulations.
Consultations
The government will begin issuing consultation papers in summer/autumn 2025, starting with a consultation on day one unfair dismissal rights and the dismissal process in the statutory probation period. Further consultations over autumn/winter 2025 and early 2026 will follow, including on fire and rehire, bereavement leave, increased protections for pregnant employees, the zero-hours contracts abuse provisions, tipping laws, collective redundancies and flexible working.
Tip. Existing Codes of Practice may also need to be amended or revoked, or new ones produced.
Tip. The government has said that it will allow time for employers to familiarise themselves with the changes. It also intends to issue clear guidance in advance of the implementation dates to support employers in understanding the reforms.
Whilst many of the Bill's measures are expected to come into force in April or October 2026, such as the SSP changes, the restrictions on fire and rehire and the extension of employment tribunal time limits, some key measures have been pushed back to 2027, including day one unfair dismissal rights and the zero-hours contracts abuse provisions.