Implementation timetable published for Employment Rights Bill
The Government has now set out its plans for implementing the Employment Rights Bill. It has also confirmed when we can expect to see pre-implementation consultation.
As well as committing to consulting on the new measures, the Government has re-affirmed its promise to provide “sufficient time to allow stakeholders to familiarise themselves with the new requirements and expectations and then take forward the relevant changes within their organisations”.
The biggest surprise is that two of the measures that have attracted the greatest attention during the Bill’s passage through Parliament will not be brought into force until 2027. These are the creation of “day 1” unfair dismissal rights, and the implementation of a complex new framework to protect workers on zero hours contracts or similar arrangements from exploitation.
A brief outline of the timetable is set out below. You are referred to the “roadmap” for full details.
Consultation
Summer/Autumn 2025 to include: fair pay agreement in adult social care; day 1 unfair dismissal rights (including statutory probationary period)
Autumn 2025 to include: zero hours contracts; fire and re-hire; new rights for pregnant workers; changes to trade union recognition process, workplace balloting and rights of access
Winter 2025/6 to include: collective redundancies; flexible working; trade union detriment
Implementation
Two months from Royal Assent to include: repeal of most of Trade Union Act 2016; simplifying industrial action and ballot notices; new protections against dismissal for taking industrial action
6 April 2026 to include: doubling protective award; SSP changes; Fair Work Agency establishment; simplifying trade union recognition process; electronic balloting
1 October 2026 to include: restrictions on fire and re-hire; extending employment tribunal time limits; protection against third party harassment; strengthening union access rights
During 2027 to include: day 1 protection against unfair dismissal; enhancement of flexible working rights; adjustments to collective redundancies threshold; ending “exploitative” zero hours arrangements
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