In his latest Coffee Break Briefing, Chris Dobbs sets out the proposed road map for the upcoming Employment Rights Bill.
You can watch the full video and read a brief summary of the steps
Summary
You can read a brief summary of the webinar below...
How will the Employment Rights Bill be implemented?
The government has set out a roadmap for the implementation of the Employment Rights Bill, including what will be implemented immediately after Royal assent and what will be implemented later on.
It’s proposed to look like this:
What Employment Rights Changes will come into effect immediately or shortly after Royal assent?
After Royal assent the proposed immediate changes are,
- A repeal of the strikes (minimum Service levels) Act 2023 and most of the Trade Union Act 2016. This will strengthen trade unions powers, making it easier to strike.
- Increased legal protection for those engaged in industrial action. This will include protection from dismissal during the entire length of the strike.
- The addition of electronic balloting, allowing members to vote digitally. The aim of ths is to make it easier for member to vote on whether to take industrial action and to increase turnout.
What parts of the Employment Rights Bill will be implemented by April 2026?
By April of 2026 the changes which are proposed to have been implemented are,
- Changes to collective redundancy consultations, which will include an increase to penalty awards.
- Parents will be entitled to paternity leave and unpaid parental leave from the first day of employment.
- The creation of the Fair Work Agency, which will be responsible for upholding and enforcing workers’ rights across the UK.
- The removal of lower earnings limit and waiting period for Statutory Sick Pay.
- A simplified process for the recognition of trade unions.
You can read are dedicated article to Statutory Sick Pay here.
What changes to the are not expected until October 2026?
Changes from the Employment Rights Bill not set to be implemented until October 2026 are,
- A ban on fire and rehire practices. Preventing employers from using dismissal and re-hiring as a negotiating tactic to force contract changes.
- An expectation of employers to take all reasonable steps to prevents sexual harassment in the workplace.
- Employers will have to ensure they take steps to prevent sexual harassment in the workplace from third parties, not only other employees.
- A legal responsibility for employers to inform their staff of the right to join a trade union. This will increase awareness of union membership rights.
- An extension of the time limit for bringing most employment tribunal claims from 3 months to 6 months.
- Tighter rules around how tips, gratuities, and service charges are managed, particularly in sectors like hospitality.
What changes are not expected until 2027?
The changes to the Employment Rights Bill that are not likely to be implemented until 2027 and beyond are,
- New regulations on what counts as all reasonable steps.
- Large employers will have to create and publish Equality Action Plans, outlining how they will improve workplace diversity.
- An increased protection against dismissal for employees who are pregnant or on bereavement leave.
- Tighter protections for workers on zero hour contacts.
- The removal of the two years’ continuous service requirement for unfair dismissal. Employees will be able to claim unfair dismissal from day one of employments.
You can read our related article on the current law, regarding unfair dismissals here.
Coffee Break Briefings
Each month Chris Dobbs hosts free ‘Coffee Break Briefing’ webinars, where he will talk through a wide range of employment law and HR topics.
To never miss out you can sign up to our mailing list for free here.
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