Update: The ‘Employment Rights Bill Implementation Roadmap’

The Employment Rights Bill (“ERB”) is a draft law which is poised to expand the rights of employees, signifying a major overhaul in employment law. The ERB has already been passed by the House of Commons and is currently at the ‘Report Stage’ in the House of Lords.

On 1 July 2025, the Government unveiled its ‘Implementing the Employment Rights Bill: roadmap’ paper (“the Roadmap”); whilst some of the provisions of the ERB will come into force straight after it receives Royal Assent (becomes law), it also makes provision for some measures to be brought into force at later dates or enacted through secondary legislation. Some measures will also only be implemented after further consultations with stakeholders, such as employers, workers and trade unions.

The Roadmap, which can be found here: Implementing the Employment Rights Bill – GOV.UK, sets out some dates as to when certain measures will be consulted on, and when certain measures will be implemented. A couple of the measures, including new protections preventing dismissal for participating in industrial action, could be imminent, as they are set to take effect soon after Royal Assent.

In developing the Roadmap, the Government says it has taken multiple considerations into account, such as: Consultation (with stakeholders), Guidance (which may include producing Statutory Codes of Practice), Support (for example, the Government says it is “closely engaging” Acas), Time to prepare (the Government says it will ensure that stakeholders “have the time and space needed for systems change”), and Enforcement (the Government says “This will include support for Acas, the employment tribunal system and the new Fair Work Agency.”)

‘Phasing consultation’

Under the title of ‘Phasing consultation’, the paper sets out a timeline of consultations in relation to certain measures, including:

• In Summer/Autumn 2025, consulting on measures such as:
  • Reinstating the School Support Staff Negotiating Body (SSSNB)
  • Fair Pay Agreement for the Adult Social Care sector
  • Giving employees protection from unfair dismissal from ‘Day 1’

• In Autumn 2025, consulting on measures such as:
  • A package of trade union measures
  • Rights for pregnant workers
  • Protection against exploitative use of Zero Hours Contracts

• In Winter/early 2026, consulting on measures such as:
  • A different package of trade union measures
  • Collective redundancy
  • Flexible working

‘Phasing when measures take effect’

The paper sets out a timeline of when certain measures will take effect, including:

• Measures taking effect at Royal Assent or soon afterwards, being:
  • Repeal of the Strikes (Minimum Service Levels) Act 2023
  • Repeal of the great majority of the Trade Union Act 2016
  • Protections against dismissal for taking industrial action

• Measures taking effect in April 2026, being:
  • ‘Day 1’ Paternity Leave and Unpaid Parental Leave
  • The Fair Work Agency body being established
  • Statutory Sick Pay – removing the Lower Earnings Limit and waiting period
  • Protective award for collective redundancies – doubling the maximum period
  • Enhanced whistleblowing protections
  • Simplified trade union recognition and digital/workplace balloting systems

• Measures taking effect in October 2026, such as:
  • Banning fire and rehire practices
  • Tightening tipping law
  • Strengthening trade unions’ right of access
  • Requiring employers to take “all reasonable steps” to prevent sexual harassment of their employees
  • Launch of a Fair Pay Agreement Negotiating Body for adult social care

• Measures taking effect in 2027, such as:
  • Rights for pregnant workers
  • Collective redundancy – changes to the collective consultation threshold
  • Protection against exploitative use of Zero Hours Contracts
  • The ‘Day 1’ right to protection from unfair dismissal
  • Mandatory gender pay gap and menopause action plans (voluntary from April 2026)
  • Bereavement leave
  • Umbrella company regulation

Consultations will be commencing this summer and are likely to continue into early 2026. It is hoped that the Government’s consultation of and engagement with stakeholders will be effective to help ensure a smooth implementation of the proposed measures.

This paper provides some certainty as to when such changes are likely to come into force and we would advise starting to prepare for these changes from now.

Clarkslegal’s experienced employment lawyers can advise on the current and upcoming regimes in effect within employment law and will keep you updated on further changes. If there is an issue you would like to discuss with us, please do not hesitate to get in touch!