Get the latest updates regarding the Employment Rights Bill and understand what it means to you as an employer.
On the 13th June 2024, Labour announced their plans to 'Make Work Pay'. The Employment Rights Bill is set to make 28 changes to the existing employment law. Designed to deliver economical security, and growth to businesses, workers and communities.
These changes will impact employers up and down the country, and getting them wrong could land you in a costly employment tribunal claims with the average cost of £11,914.
Our employment law experts are on hand to help you navigate the new changes and ensure that your business is remaining compliant.
Employment Rights Bill Legislation Has Now Been Passed. Download Our Free To Use Key Dates Implementation Roadmap today.
The Government has delayed the requirement for employers to provide their employees with written statement regarding their right to join a trade union until January 2027. This delay has been put in place to give employers more preparation time.
Other trade union reforms, such as increased right of access are scheduled to go ahead as planned on October 30th 2026.
The Fair Work Agency (FWA) was created on April 7th 2026 to enforce the Employment Rights Act 2025 as well as being the new public enforcement body for workplace rights such as the minimum wage (expected to assume full enforcement from April 2027), employment agency regulation, and modern slavery. It will also take on state enforcement of statutory sick pay and holiday pay. It has the power to carry out both scheduled and unannounced inspections.
Non-compliance could leave employers with fines of up to £20,000 per worker. Serious breaches could result in criminal prosecution, such as in the case of (but not limited to) forced labour or breaches of license.
From 30th October 2026 Employers will have to take all reasonable steps to prevent sexual harassment. This will require a proactive approach to management of risk factors, as well as actively planning and documenting preventative measures put in place.
Liability is also extended to harassment carried out by third parties, including (but not limited to) customers, clients, patients and contractors.
Changes to electronic and workplace balloting for statutory trade union ballots introduced August 25th 2026.
Electronic and workplace balloting measures for recognition and derecognition ballots will come into play in 2027.
Employment tribunal time limits increased from three months to six months.
Greater protections and new rights for trade union representatives.
Extended protections against detriments for taking industrial action.
Strengthening trade unions’ right of access.
Employers need to show that they have taken ALL reasonable steps to prevent sexual harassment.
Employers liable for harassment of their employees by third parties.
Introduction of a power enabling the Government to make regulations at a later date.
The regulations detailing what is defined as 'ALL reasonable steps', are set to be introduced in 2027.
Yes, you should review them. The unfair dismissal qualifying period is due to reduce from two years to six months from 1 January 2027, with retrospective effect, so any employee with at least six months’ service on that date will be able to claim unfair dismissal. That means probationary periods will need a rethink. Under the new rules, probation periods will stay purely contractual, but employees will still have the rights attached to their length of service.
It’s due to start in January 2027. The duty to inform workers of their right to join a trade union is expected to come into force in January 2027. Employers will need to issue the statement to all new workers who join from the commencement of the duty, and to all existing workers by 5 April 2027.
The Fair Work Agency is an Executive Agency of the Department for Business and Trade, operating under the authority of the Secretary of State. It was established on 7 April 2026 to bring together enforcement functions that were previously exercised by multiple bodies into a single organisation. Its remit includes enforcement of employment agency standards, pay-related rights including national minimum wage and national living wage, requirements for a gangmaster’s licence and conditions for licences, and protections against serious labour exploitation. It enforces labour market legislation across England, Wales, Scotland and Northern Ireland, subject to the jurisdictional arrangements and prosecutorial frameworks that apply in each nation. It also has powers to bring tribunal claims on a worker’s behalf, provide support, assistance and representation to workers raising their own claims, enforce statutory payments, and require businesses to prove compliance with employment law.
Trade unions will have the right to visit and communicate with workers in the workplace from October 30th, this will apply to any organisation that has 21 or more workers, including those employed by associated employers within Britain. In the event an organisation does not agree to a trade unions request to access, then the Central Arbitration Committee (CAC) can decide to grant access and the terms under which the access should be granted.
There will be several changes to trade union legislation including a statutory right to access workplaces, to recruit organise and represent workers. Along with this change the following will also be implemented: Extended rights for trade union representatives. Extended detriment protections for those involved in industrial action. Introduction of trade union right of access. Prohibition of unfair practices relating to trade union recognition and derecognition processes.
From 30th October 2026 a major change comes into play, again as part of the Employment Rights Act 2025, with employers having to take all reasonable steps to prevent sexual harassment. This will require employers to be proactive in their management of risk factors, as well as actively planning and documenting preventative measures put in place, hence “all reasonable steps” as opposed to just “reasonable steps”. Liability is also extended to harassment (this includes all kinds of harassment) carried out by third parties, including (but not limited to) customers, clients, patients and contractors. These new regulations will require employers to show that they have assessed the risks and taken steps to prevent harassment of their workers.
Changes to the current Statutory Sick Pay system plans to support employees through their illness, and allow them to take the time they need to recover with financial security.
Are you ready for the biggest changes in a generation? Take a look at our download here to learn all about the changes.
Changes to the way unfair dismissal works has left a lot of employers asking what this change means for them, and how it will affect their existing processes.
Are you up to date with the Employment Rights Bill changes and what it means to your business? Test your knowledge with our Employment Rights Bill Risk Checker Questionnaire.
Speak to one of expert employment law consultants today for fully compliant advice.
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