Championing
Wellbeing

The Employment Rights Bill: What’s Changing – And When?

Employment Law

The Government has now published its long-anticipated Implementation Roadmap for the Employment Rights Bill, and while there are some immediate wins for workers, we’ll be waiting a while longer for some of the most impactful changes, particularly around zero-hour contracts and ‘Day 1’ unfair dismissal rights.

At Thrive, we welcome any progress that strengthens employment protections and supports a fairer, more inclusive workplace. But we also know that the timing of these changes matters, for both businesses in terms of updating their internal procedures and managing the financial impact of the changes; in addition to employees who will benefit from these changes in terms of fairer working practices.  

Here’s our breakdown of what’s coming, when, and what it means for employers and employees alike.

Updates regarding Non-Disclosure Agreements [“NDA’s”]

The government have recently published a press release regarding NDA’s and how they’re often used to silence employees who have been subjected to harassment and abuse.

As such, changes have been introduced to the Employment Rights Bill tol ensure any confidentiality clauses within NDA’s, settlement agreements, or any similar types of agreements will be “null and void”, where these are used against employees who have been subjected to harassment, sexual harassment or discrimination in the workplace. This means that employees can still “speak freely about their experiences and their employer [can] support them publicly.”

The Department for Business and Trade has confirmed that they’ll be consulting on these measures so that the Employment Law Commission will have a further opportunity to provide input/put forward any concerns.

Immediate Changes

The Government’s roadmap confirms some rapid movement, particularly around trade union rights and industrial action. As soon as Royal Assent is granted, we’ll see:

  • Repeal of the Strikes (Minimum Service Levels) Act 2023 – this will allow for greater freedom for workers to strike in certain sectors.
  • Partial repeal of the Trade Union Act 2016 – this aims to rebalance workers’ and unions’ powers for negotiating industrial relations.
  • New protections for workers from dismissal when taking part in lawful industrial action – this will remove the 12 week cap for taking part in strikes so that employees are protected from dismissal in these circumstances.
  • Simplified trade union recognition and digital/workplace ballots – modernising how collective bargaining works and strengthening participation by reducing the notice period from 14 to 10 days.
  • Removing the 10-year ballot requirement – this will be replaced by a reminder notice to members informing them of their right to opt-out of making political fund contributions every 10 years, making it more proportionate and less onerous for unions to implement.

Upcoming Changes in April 2026

This is where we start to see a more significant shift in how the workplace is regulated, though it’s still a year away. Key changes could include:

  • ‘Day 1’ rights to paternity leave and unpaid parental leave – helping to promote gender equality in the workplace from the very beginning of employment. For more information on this, see our blog on Rethinking Paternity Leave.
  • Stronger protections for whistleblowers – vital for creating safe and transparent work environments.
  • Statutory Sick Pay (“SSP”) reform – removing the lower earnings limit so that all employees are eligible for SSP and the waiting period ensuring employees receive SSP from their first day of absence. For more information, see our Statutory Sick Pay is Changing – Here’s What You Need to Know
  • Creation of a Fair Work Agency – a new body to promote better workplace standards that allows the agency to bring Employment Tribunal claims on behalf of workers for certain claims.
  • Collective redundancy reforms – doubling the protective award period for non-compliance ensuring greater financial security.
  • Simplifying trade union recognition process – lowering membership thresholds and removing the need for majority support for applications to promote fairer industrial relations.
  • Electronic and workplace balloting – modernising and simplifying the balloting process for trade unions and industrial action.

 New Changes in October 2026

These changes signal a meaningful shift towards employer accountability and fair pay:

  • Ban on fire and rehire – a long-overdue measure to prevent exploitation through coercive contract changes. For more information about this, see our Fire and Rehire blog.
  • Fair pay negotiating body for adult social care – an important step in valuing essential workers and raising standards.
  • New tipping laws – ensuring that tips go to the people who earn them and not just the employer.
  • Employer duty to prevent sexual harassment – a shift from reactive to proactive, with a legal duty to take all reasonable steps and consider third party harassment. For further information, see our blog on The New Sexual Harassment Provisions: What Employers Need to Know.
  • Employer duty to inform workers of their right to join a trade union – companies must provide a written statement (similar to the written particulars of employment).
  • Further expansion of trade union rights – increasing protections for representatives and their right of access, as well as extending protection against detriments for taking industrial action.
  • Re-introduction of the two-tier code – aims to prevent disparities in employment conditions between public and private sector staff working on the same contracts.
  • Increasing Employment Tribunal time limits from 3 months to 6 months, to improve access to justice for those who may face difficulties in bringing claims quickly.

 December 2026

There is one main change coming up in December 2025, which is the expected commencement of the Mandatory Seafarers Charter. This Charter will make it legally binding for maritime companies to meet specific requirements for workers’ welfare, pay, and working patterns.

 Upcoming in 2027

Here’s where some of the most impactful reforms land, although we’ll have to wait until 2027 to see them in force:

  • ‘Day 1’ unfair dismissal rights – currently, employees must wait two years to claim unfair dismissal. This change will radically level the playing field and ensure workers are treated fairly from the beginning of employment.
  • Zero-hour contract protections – a long-awaited clampdown on insecure and exploitative working arrangements.
  • Mandatory gender pay gap and menopause action plans – to promote gender equality and support women’s health. Although it’s required from 2027, voluntary reporting will start in April 2026.
  • Greater protections for pregnant workers and new mothers aims to reassure in regards to job security when taking maternity leave.
  • Bereavement leave entitlements – allows workers to grieve without the extra stress of worrying about job security.
  • Further expansion of employer duty to prevent sexual harassment – regulations that will define the “all reasonable steps” employers should take to prevent sexual harassment.
  • Further strengthening of trade union rights – provisions to strengthen protections against blacklisting (particularly in relation to trade union activities), and an industrial relations framework.
  • Regulation of umbrella companies – aims to enhance worker protection by ensuring that these types of company comply with obligations regarding pay, providing transparency, and prohibiting certain fees.
  • Changing the collective redundancy threshold – the original proposal was to remove the wording regarding “at one establishment”, but this will no longer occur. There will also be a new threshold for this which is yet to be determined.
  • Strengthening flexible working rights – key changes to flexible working regarding the amount of requests allowed within a 12-month period, the decision period for employers, and consultation will occur.

 What This Means for Employers

Employers have a clear runway to prepare for these changes, but that’s not a reason to wait. At Thrive, we believe that you shouldn’t wait for legal change, you should lead it.

Now is the time to:

  • Review your policies and contracts
  • Consider how you support workers in relation to whistleblowing, sick leave, strikes, and parental leave
  • Begin conversations around menopause support, women’s health and the gender pay gap
  • Train line managers and staff on preventing sexual harassment

Final Thoughts from Us

While some of these changes are a way off, they represent a significant shift towards fairer, more inclusive, and more supportive workplaces.

It’s no secret that many of these reforms have been campaigned for over years, if not decades.

At Thrive, we’re ready to support both employees and progressive employers in navigating what comes next. If you’d like help preparing for these changes or understanding how they affect your business, our team is here for you.

Get in touch today by email enquiries@thrivelaw.co.uk – let’s build a future of work that thrives!

Contact Us

Contact Form (Generic)

Book a Free Consultation

Our Awards and Recognition

Verified by MonsterInsights