As we highlighted in a recent post, the Government has now released a roadmap (published on the 1st July 2025) setting out a phased implementation for the Employment Rights Bill. The main rollout begins in April 2026, and this initial phase includes the removal of the lower earnings limit and the waiting period for statutory sick pay. Further measures will be implemented in October 2026, including the changes in relation to 'fire & rehire', with further changes to follow in 2027.
Employment Rights Bill
The Employment Rights Bill completed the Committee Stage in the House of Lords on the 24th June 2025 after 11 sessions of conducting a line by line examination of the Bill, and has now moved on to the Report Stage.
The Roadmap
The Employment Rights Bill will be implemented in phases as follows:-
- Royal Assent / Shortly Therafter: The Strikes (Minimum Service Levels) Act 2023 will be repealed, and most provisions of the Trade Union Act 2016 will be annulled, with some elements being repealed later via commencement order. The requirement for a 10-year ballot on trade union political funds will be removed, and the process for issuing industrial action notices and industrial action ballot notices will be simplified. Protections against dismissal for participating in industrial action will also be implemented.
- April 2026: The collective redundancy protective award will double. Paternity leave and unpaid parental leave rights will be available from the first day of employment. Whistleblowing changes will be implemented, and a new Fair Work Agency will be created to oversee workplace standards. Statutory Sick Pay rules will change, eliminating both the minimum earnings requirement and the waiting period before payments begin. The process for trade union recognition will be streamlined, and electronic and workplace balloting will become available.
- October 2026: These include revisions to 'fire & rehire', the establishment of regulations for a body responsible for setting pay and conditions for adult social care staff, the implementation of the 'two-tier workforce code' (procurement), and the introduction of new tipping laws. Additionally, employees will receive notification of their right to join a union, with enhanced rights for unions to access workplaces. New obligations will address sexual harassment and third-party harassment, and modifications will affect the roles of union representatives. There will also be an extension of time limits for commencing employment tribunal proceedings and stronger protections against detriment resulting from participation in industrial action.
- December 2026: Mandatory Seafarers Charter
- 2027: These include a day-one right against unfair dismissal, changes in relation to zero-hours contracts and flexible working, mandatory action plans re the gender pay gap and menopause. There will be new rights for pregnant workers and regulations defining what constitutes "reasonable" steps to prevent sexual harassment. Laws against blacklisting will be strengthened, and a framework will be established to enhance industrial relations. Additionally, there will be new regulations concerning umbrella companies, new rights regarding bereavement leave, and a new threshold test for collective redundancy consultations.
Criticism Of The Roadmap
Commenting upon the Employment Rights Bill roadmap, the head of public policy at the CIPD, Ben Willmott, stated: "While we’re pleased to see this gradual phasing, employers only have nine months to prepare for changes to the statutory sick pay regime, including removing the lower earnings limit and ending the three-day waiting period. Businesses are already struggling with rising employment costs following increases to the National Living Wage and employer National Insurance contributions this year, and we’d hoped they’d be given more time to prepare for this significant change."
Looking Ahead: Navigating a New Era of Employment Rights
The phased implementation of the Employment Rights Bill marks a significant turning point for workers, employers, and trade unions alike.
Clarity
While the Employment Rights Bill roadmap offers much-needed clarity on the timing and sequence of legislative changes, it also brings new responsibilities and challenges for businesses striving to remain compliant. The government’s commitment to strengthening workplace protections and modernising employment law through the Employment Rights Bill is evident in its broad scope - from enhanced union rights to substantial reforms to statutory sick pay.
Concerns
However, concerns around the speed of implementation, particularly for small businesses already facing financial pressures, highlight the importance of ongoing dialogue and support during this transition.
