What’s happening?
On 1 July 2025, the government published its Roadmap for Implementation of the Employment Rights Bill (ERB), setting out a phased timeline for the introduction of reforms under its “Make Work Pay” initiative. The ERB is still subject to parliamentary approval, with Royal Assent expected in September 2025, and implementation staggered across 2026 and 2027.
This update is part of our Make Work Pay mini-series. You can find our other updates here:
- Make Work Pay – Collective Redundancies & Fire and Rehire
- Make Work Pay – Statutory Sick Pay
- Make Work Pay – Trade Unions
- Make Work Pay – Zero Hour & Agency Workers
- Make Work Pay – Umbrella Companies
This update focuses on the Roadmap itself, setting out when key changes are expected and when consultations will be launched.
Why is this important?
The Roadmap provides clarity on timing, allowing employers to prepare for what is arguably the most significant overhaul of UK employment law in over a decade.
Key Implementation Dates:
- September 2025: The ERB receives Royal Assent. This will be swiftly followed by a variety of trade union changes including:
- Repeal of the Strikes (Minimum Service Levels) Act 2023
- Repeal of (most of) the Trade Union Act 2016
- New protections against dismissal for taking industrial action
- April 2026: The first major wave of reforms take effect:
- Doubling the protective award for collective redundancy
- Statutory Sick Pay from day one of absence and removal of lower earnings limit
- Day one rights to paternity and unpaid parental leave
- Whistleblowing protections expanded to include allegations of sexual harassment
- Establishment of the Fair Work Agency
- Simplified trade union recognition and introduction of electronic/workplace balloting
- October 2026: The second major wave of reforms take effect:
- Restrictions on fire and rehire practices
- Strengthened protections against sexual harassment (including third-party harassment and requiring employers to take “all reasonable steps” to prevent sexual harassment)
- Enhancements to tipping law
- Further trade union rights including strengthened rights of access, protections for union representatives and protections against detriments for industrial action.
- 2027: The final major wave of reforms take effect:
- Day one protection from unfair dismissal
- Bereavement leave
- Gender pay gap and menopause action plans become mandatory
- Reforms to zero hours contracts and flexible working rights
- Enhanced rights for pregnant workers
- Regulation of umbrella companies takes effect
- Power for the government to specify what steps are “reasonable” in regard to preventing sexual harassment
- Amendments to the collective consultation threshold in redundancies
Consultation Timeline
The government has confirmed consultations focussing on policy and implementation will run throughout 2025 and early 2026:
- Summer/Autumn 2025: unfair dismissal (and the statutory probation period).
- Autumn 2025: various trade union measures, fire and rehire, umbrella companies, bereavement leave, rights for pregnant workers, zero-hour contracts.
- Winter 2025/26: protection against detriments for trade union action, tipping law, flexible working, collective redundancy.
Are the timelines achievable?
While most timelines appear feasible (if the government maintains current pace), some are noticeably tight:
- Fair Work Agency: Establishing a fully functioning enforcement body by April 2026 is ambitious given it is such a large operational change.
- Sexual Harassment Duties: The duty to take “all reasonable steps” to prevent harassment is due October 2026, but regulations defining “reasonable steps” may not arrive until 2027, creating uncertainty for employers.
- Third Party Harassment: Liability for third-party harassment would apply from October 2026. This constitutes a huge change in policy in regard to discrimination legislation and employers will need extensive guidance as to what is expected from them in this area.
- ACAS Codes: Based on previous ACAS timings, it is likely that the new Codes of Practice may not be finalised until shortly before implementation, limiting employers’ preparation time.
If this busy timetable of consultation and implementation is to be achieved, it may be that the government’s broader reform agenda (e.g. Race and Disability pay gap reporting, parental leave review, single worker status) would temporarily take a back seat.
What should you do?
Stay Tuned: These reforms are being introduced in stages and remain subject to consultation and parliamentary approval. We will continue to provide updates as the ERB progresses and as further guidance is published.
Prepare: Review your current employment policies and procedures, and consider the financial and operational impact of day one rights and new obligations (particularly those which come into effect in 2026).
Advice: If you require advice on how these changes may affect your business or would like support preparing for implementation, please contact [email protected] who can put you in touch with one of our specialist employment lawyers.
All comments and information were accurate at the time of publication and may not reflect current developments. They should not be relied upon without seeking appropriate professional advice.
Disclaimer
This information is intended for general informational purposes only and does not constitute legal advice. We recommend seeking professional advice before taking any action on the information provided. If you would like to discuss your specific circumstances, please feel free to contact us on 0800 2800 421.
