Government update on timeframe for implementation of Employment Rights Bill

By Sara Meyer, Nick Chronias & Ceri Fuller

Published 01 July 2025

Overview

On 1 July 2025, the government published a "roadmap" document which sets out its proposed timeline for implementing the various provisions of the Employment Rights Bill (ERB). One key headline point, which is likely to come as a relief to employers, is that the day one right to unfair dismissal protection, and rights to guaranteed hours, will not take effect until 2027. Below, we summarise the key takeaways from the roadmap, focusing first on proposed implementation dates and then on how the government plans to achieve these.

Phased implementation

The government has confirmed that the ERB's provisions will also be implemented in phases. Commencement dates will be on 6 April or 1 October of the relevant year, as is typical for changes to employment law. The government's current proposed implementation dates are as follows:

At Royal Assent or soon afterwards	Repeal of the Strikes (Minimum Service Levels) Act 2023 Repeal of most of the provisions of the Trade Union Act 2016 (although some provisions will be repealed at a later date via separate commencement regulations) Simplification of the notices that must be provided for an industrial action ballot, and for industrial action to take place Strengthening protection from dismissal for taking industrial action Removing the requirement for trade unions to ballot their members every 10 years regarding contributions to political funds
April 2026	Doubling the maximum protective award for breach of collective redundancy consultation requirements from 90 to 180 days' pay Making paternity leave and unpaid parental leave day one rights Providing for disclosures about sexual harassment to count as protected disclosures for the purposes of whistleblower protection Establishing the Fair Work Agency as an enforcement body Changes to statutory sick pay – removing waiting days and the Lower Earnings Limit on eligibility Simplifying the trade union recognition process Changes to workplace balloting and introducing e-balloting for industrial action
October 2026	Prohibition on fire and rehire Duty to inform workers of their right to join a trade union Trade unions' right of access New rights and protections for trade union representatives Protection from detriment for taking industrial action Requiring employers to take "all reasonable steps" (as opposed to the current "reasonable steps") to prevent sexual harassment at work Requiring employers to prevent third party harassment of their workers Extending employment tribunal time limits from three to six months Establishing collective bargaining for the adult social care sector Tightening tipping law Code on procurement
During 2027	Making unfair dismissal protection a day one right Preventing exploitation of zero and low hours workers (guaranteed hours offers and notice of shifts) Changing the collective redundancy consultation threshold Flexible working Bereavement leave Rights for pregnant workers (presumably, this refers to the proposed prohibition on dismissing pregnant employees and new mothers except in particular circumstances) Gender equality action plans (although these will be introduced on a voluntary basis from April 2026) Regulations to specify steps regarded as "reasonable" for the purposes of compliance with the duty to take all reasonable steps to prevent sexual harassment Protection from blacklisting Industrial relations framework Regulation of umbrella companies

How implementation will be achieved

The roadmap acknowledges the importance of proper preparation in order for changes to employment law to be implemented effectively. The government has therefore reiterated its commitment to:

Consulting with employers, trade unions, workers and other stakeholders
Producing guidance, in collaboration with Acas or other organisations where appropriate
Allowing time for employers, workers, trade unions and other stakeholders to prepare for the changes in advance of them taking effect
Providing support for Acas, the employment tribunal system and the new Fair Work Agency to facilitate enforcement

The government plans to conduct consultation on the ERB's proposals in the following phases.

Summer / autumn 2025	Making protection from unfair dismissal a day one right, including the dismissal process during the statutory probationary period Sectoral collective bargaining for school support staff and the adult social care sector
Autumn 2025	Prohibition on fire and rehire Measures to prevent exploitation of zero and low hours workers (guaranteed hours offers and notice of shifts) Trade union measures including electronic and workplace balloting, simplifying the recognition process, informing workers of their right to join a union, and the right of access. (A separate consultation on an Acas Code of Practice will cover new rights and protections for trade union representatives.) Introduction of bereavement leave Rights for pregnant workers (presumably, this refers to the proposed prohibition on dismissing pregnant employees and new mothers except in particular circumstances) Regulation of umbrella companies
Winter / early 2026	Changes to collective redundancy consultation Flexible working Trade union measures including protection from detriment for taking industrial action and blacklisting Tightening tipping law

The government will develop final policy positions following these consultations, whether via regulations, guidance or Codes of Practice. The roadmap document acknowledges that there may need to be more than one round of consultation on certain measures. The duration of the consultations and dates by which the government will respond to them are unspecified, but they will presumably be timed to facilitate implementation of the relevant changes within the government's intended timeframes, as set out above.

What does this mean for employers?

The publication of this roadmap is helpful for employers, as it sets out the government's intentions and provides a measure of certainty as to when consultation on the changes proposed in the ERB will take place and when the changes are likely to take effect. Much detail of the changes remains to be determined and the government's commitment to thorough consultation is encouraging. Employers will be grateful that many of the key changes will not come into force until 2027, giving them extra time to prepare for them. DAC Beachcroft will be engaging with the consultations on behalf of our clients and will continue to keep clients informed about the progress of the ERB via our tracker (which will be updated in due course to reflect the details set out in today's roadmap).