It's always great (and somewhat surprising) when the 'powers that be' do what is promised. But so it came to pass with the ERB implementation road map! On Monday, we posted about the promised implementation road map for the many and varied provisions of the ERB and yesterday (1 July) it was published.
The good news for employers is that the Government has stuck to its promise not to rush changes through despite the hastily put together Bill. With that in mind, the day one unfair dismissal rights have been pushed to 2027, as have the guaranteed hours provisions. However, tribunal time limits will be doubled to six months from October 2026.
What's next is a period of ‘phasing consultation’ as the Government starts to drill down into the detail of the vague provisions of the ERB.
Do we have more clarity on timings? Our table below outlines the major changes and the date when changes will come into effect. This is not a comprehensive list but rather flags the issues which we think are most pertinent to our clients and their sectors. The Government has promised that regulations which bring effect to the provisions below will take effect either from 6 April or 1 October in the relevant year, so giving us some sort of pattern to the years ahead.
Our Employment Rights Bill hub details a comprehensive list of changes and their dates and the consultation timetable will be included on our hub (it's being updated as I write). If you would like free, regular updates on the changes and implications of the Employment Rights Bill, please subscribe here.
Change | Implementation date |
Consultation on key measures | Summer 2025 |
Repeal of Strikes (Minimum Services Levels) Act 2023 | after Royal Assent |
Protection against dismissal for taking industrial action | after Royal assent |
Day one statutory sick pay and removal of LEL | April 2026 |
Day one paternity leave and unpaid parental leave | April 2026 |
Doubling protective award in collective redundancies | April 2026 |
Launch of the FWA to enforce labour standards | April 2026 |
Whistleblowing protections for raising sexual harassment complaint | April 2026 |
Simplified trade union recognition and introduction of electronic workplace ballots | April 2026 |
Extending tribunal limit to 6 months | October 2026 |
Ban on fire and rehire practices | October 2026 |
Fair Pay Agreement body established for social care | October 2026 |
All reasonable steps to prevent sexual harassment to be introduced (including third party) | October 2026 |
Employers liable for third party harassment of employees | October 2026 |
Expanded rights for trade union representatives | October 2026 |
Two Tier Code for Procurement | October 2026 |
Duty to inform workers of their right to join a union | October 2026 |
Day one unfair dismissal rights | 2027 |
Protection against “exploitative zero hour contracts” e.g. the introduction of guaranteed hours offer and reasonable notice and compensation for cancelled/curtailed shifts | 2027 |
Reform of collective redundancy thresholds | 2027 |
Menopause action plans | 2027 |
Better protection for pregnant workers and new mothers | 2027 |
Greater flexible working rights and bereavement leave | 2027 |
For more specific advice on any of these changes or training for your organisation, please contact Anna Dabek.