Government publishes timetable for implementing the Employment Rights Bill

Majority of changes will come into effect in 2027.

The Government has set out a timetable or so-called “roadmap” for the implementation of the Employment Rights Bill (ERB). While the roadmap states that the Government is determined to implement these changes “as swiftly as possible”, the timetable pushes back some of the headline changes into 2027.

We have heard considerable concern expressed by leaders in the charity and not for profit sector about the significant changes which are set to come in with the ERB, particularly around day one unfair dismissal rights, making dismissal and re-engagement automatically unfair in most circumstances, and the duty to offer guaranteed hours to zero hours workers.

The roadmap states that a deliberately staggered approach will be taken to the most significant reforms in order to ensure that there is a “proper business readiness period” and that organisations can understand and prepare for the changes well in advance.

Overview of key dates for implementation of the ERB

 In the introduction to the roadmap, the following the key changes are set out in three main time periods as follows:

1. April 2026: Reforms to Statutory Sick Pay, simplifying the trade union recognition process, and day one paternity leave and unpaid parental leave.

2. October 2026: Changes to the rules on dismissal and re-engagement, changes to strengthen trade unions’ right of access to the workplace, and extending employment tribunal time limits.

3. Some time in 2027: Gender pay gap action plans, banning exploitative zero hours contracts, and the day one right to protection from unfair dismissal.

A more detailed breakdown of the timeline is set out below.

Consultations taking place in Summer / Autumn 2025 

The remainder of this year will be a busy period for consultations on a significant number of the changes in the ERB. These include consultations on:

• The introduction of day one unfair dismissal rights

• The dismissal process in the statutory probationary period

• Trade union measures, including electronic balloting, workplace balloting, simplifying trade union recognition processes, and the duty to inform workers of their right to join a trade union

• New rights and protections for trade union representatives (a new Acas Code of Practice on this area will be consulted on)

• Dismissal and re-engagement (known as fire and rehire)

• Regulation of umbrella companies

• Bereavement leave

• Rights for pregnant workers

• Zero hours contracts

• School Support Staff Negotiating Body / Fair Pay Agreement for the adult social care sector

Measures coming into force when the ERB is passed into law later this year

Some measures will come into force on the same day as the ERB is given Royal Assent or shortly after. These include:

• Repeal of the Strikes (Minimum Service Levels) Act 2023

• Repeal of the majority of provisions of the Trade Union Act 2016

• Protection against dismissal for taking industrial action

• Simplifying industrial action notices and industrial action ballot notices

Consultations taking place Winter 2025 / Early 2026

Expected consultations towards the end of this year and the beginning of next include those on:

• Collective redundancies

• Flexible working

• Further trade union measures, including protection against detriment for taking industrial action and blacklisting 

Legislative changes in April 2026

The following measures are due to come into force in April next year:

• Doubling the maximum period of the collective redundancy protective award

• Day one rights to paternity leave and unpaid parental leave

• Whistleblowing protections, including reports of sexual harassment becoming protected disclosures

• Establishment of the Fair Work Agency

• Removal of the lower earnings limit and waiting period for Statutory Sick Pay 

• Simplifying the trade union recognition process 

• Electronic and workplace balloting 

• Introduction of voluntary action plans on the gender pay gap and supporting employees going through menopause

Legislative changes in October 2026

Most of the headline changes in the ERB will not now come into effect until later next year. Those changes expected in October 2026 include:

• Automatic unfair dismissal protection for dismissal and re-engagement

• Requirement for employers to take all reasonable steps to prevent sexual harassment

• Equality Act claim for third-party harassment of employees

• New rights and protections for trade union representatives

• Extension of most tribunal time limits to six months

• Duty to inform workers of their right to join a trade union

• Strengthening of trade unions' rights of access to workplaces

• Extending protections against detriments for taking industrial action

• Two-tier procurement code for outsourced public sector workers

• Establishing the Fair Pay Agreement Adult Social Care Negotiating Body

Legislative changes in 2027

In a change to the Government’s initial timetable, the new day one right to unfair dismissal protection is now expected to commence some time in 2027. The changes listed for 2027 include:

• Day one right to protection from unfair dismissal

• Zero hours contracts measures for zero hours and low hours contract workers and agency workers, including the duty to offer guaranteed hours contracts

• Increased protections from dismissal for pregnant workers in the period of six months after their return to work

• Strengthening protections against blacklisting

• Regulation of umbrella companies

• New whole-workforce collective redundancy consultation trigger

• Introduction of reasonableness requirement when refusing flexible working requests

• Mandatory gender pay gap and menopause action plans

• Day one right to bereavement leave

The Government document can be accessed here: Implementing the Employment Rights Bill: roadmap.

Next steps for employers

Where consultations are undertaken, the Government states that it will take into account contributions received when developing policy. In some cases, regulations will need to be passed in order to implement the detail of the proposed changes. In other cases, statutory Codes of Practice and/or government guidance will be published to assist employers in understanding and adapting to the changes. The roadmap notes that there may need to be more than one round of consultation on some proposals, especially where there is a need to update or develop a Code of Practice. The timing of these processes is of course uncertain and subject to change and delay.

Royal Assent to the ERB is now expected this Autumn (rather than the previous target date of July).  With this and the need for many complex consultations on key details of the legislation, the timetable for changes to be implemented has already been pushed back by some months.  For example, the new day one unfair dismissal protection was originally expected to take effect in Autumn 2026 and is now expected in 2027.

That said, the business readiness period will quickly pass and employers will need to use the time wisely by:

• Keeping track of the progress of the ERB and any further amendments – we will shortly be publishing an article on the most recent government proposals;

• Engaging with the government and Acas consultations – a list of open consultations can be found at Policy papers and consultations - gov.uk;

• Watching out for new government and Acas guidance for employers;

• Reviewing current policies and procedures and noting where these will need to be updated to reflect the upcoming legislative changes; and

• Seeking legal advice where needed regarding the implications of the changes for your organisation.

If you would like to discuss any aspect of this article further, please contact our employment team on 0113 244 6100. 

You can also keep up to date by following Wrigleys Solicitors on LinkedIn.

The information in this article is necessarily of a general nature. The law stated is correct at the date (stated above) this article was first posted to our website.

Specific advice should be sought for specific situations. If you have any queries or need any legal advice please feel free to contact Wrigleys Solicitors.