Amendments

Various amendments to the Employment Rights Bill have been tabled by the government, where the bill is now at the report stage in the House of Lords. These amendments include:

• NDAs imposed relating to preventing the reporting of harassment and discrimination to be outlawed
  • This will be a new clause making significant changes to confidentiality clauses
• Ban on fire and rehire to be softened
  • Currently multiple proposals to new clause 26, and it is not yet clear which if any have the support of the government
• Whistleblowing law changes
• Changes to zero hour worker rules
• Bereavement leave to be extended to include the loss of a child or stillbirth in the first 24 weeks of pregnancy

Reaction has been mixed, particularly in relation to the NDA ban. Campaigners have welcomed the announcement but employment lawyers acting for employees warn of the potential reduction in choice and negotiating power.

Employers should continue to make sure that they follow updates and are prepared to revisit policy and procedure in due course. Regulations will be consulted on in due course.

Implementation

The Employment Rights Bill implementation roadmap has been published by the government, with some changes not due to be in force until 2027. Consultations on various areas including day one protections for unfair dismissal are scheduled to commence in the summer / autumn of 2025, with further consultations on trade union measures, fire and rehire, regulation of umbrella companies, bereavement leave, rights for pregnant workers and ending exploitative rights of zero hours contracts to follow in autumn 2025. Lastly, by winter 2025 / early 2026 the government will consult on measures including tightening tipping law, collective redundancy and flexible working.

Employers should start acting now to prepare for the changes despite some changes not coming into force until 2027. 

When measures are to take effect is to be phased as follows:

IMMINENTLY following Royal Assent (thought likely to be in autumn 2025)

• Repealing most of the Trade Union Act 2016 and the Strikes (Minimum Services Levels) Act 2023
• Protections against dismissal for taking industrial action

FROM APRIL 2026

• Collective redundancy protective award – doubling the maximum period of the protective award 
• 'Day 1' Paternity Leave and Unpaid Parental Leave 
• Whistleblowing protections 
• Fair Work Agency body established 
• Statutory Sick Pay – remove the Lower Earnings Limit and waiting period 
• Simplifying trade union recognition process 
• Electronic and workplace balloting 

FROM OCTOBER 2026

• Fire and rehire 
• Bringing forward regulations to establish the Fair Pay Agreement Adult Social Care Negotiating Body 
• Procurement - two-tier code 
• Tightening tipping law 
• Duty to inform workers of their right to join a trade union 
• Strengthen trade unions' right of access 
• Requiring employers to take “all reasonable steps” to prevent sexual harassment of their employees 
• Introducing an obligation on employers not to permit the harassment of their employees by third parties 
• New rights and protections for trade union reps 
• Employment tribunal time limits 
• Extending protections against detriments for taking industrial action 

FROM DECEMBER 2026

Commencement of the Mandatory Seafarers Charter

IN 2027

• Gender pay gap and menopause action plans (introduced on a voluntary basis in April 2026)
• Rights for pregnant workers
• Introducing a power to enable regulations to specify steps that are to be regarded as “reasonable”, to determine whether an employer has taken all reasonable steps to prevent sexual harassment
• Blacklisting
• Industrial relations framework
• Regulation of umbrella companies
• Collective redundancy – collective consultation threshold
• Flexible working
• Bereavement leave
• Ending the exploitative use of ZHCs and applying ZHC measures to agency workers
• ‘Day 1’ right – protection from unfair dismissal

What is not included?

The government has issued a statement to clarify that private firms will not be required to hire diversity officers or impose a ban on ‘offensive banter’, saying: "No business would be required to hire staff to monitor speech or diversity under the Employment Rights Bill. The Bill will not affect anyone's right to lawful free speech, which this government stands firmly behind. They also say: "Upsetting remarks do not fall within the definition of harassment. We are strengthening workplace protections to tackle harassment and protect employees from intimidating and hostile abuse as well as sexual harassment."

We are happy to assist with any other questions you might have. For more information please contact Kim Knox on KKnox@ortolan.com