Roadmap for the Employment Rights Bill: What You Need to Know

• Increased collective redundancy protective award

In the event of a finding that there has been a failure to consult, the award will double from 90 days full pay per affected employee to 180 days. (Note: this will also apply for a failure to consult in “fire and rehire” exercises).

• New “Day 1” right to Paternity Leave and Unpaid Parental Leave

Currently, 26 weeks' service is required for an entitlement to Paternity Leave and 12 months for Parental Leave.

• Whistleblowing protections

Strengthening protection for whistleblowers by making it explicit that sexual harassment can be the basis for a protected disclosure.

• Establishment of a new Fair Work Agency body

• Statutory Sick Pay - SSP entitlement from first day of absence

Removal of the Lower Earnings Limit and 3-day waiting period

• Simplification of the TU recognition process and introduction of changes related to electronic and workplace balloting

• Fire and rehire

Making it automatically unfair to dismiss an employee for refusing to agree to a change in contract (except where businesses genuinely have no alternative - the bar for demonstrating this will be high)

• Tightening tipping law

Introducing a requirement to consult with staff when developing and reviewing tipping policies (as opposed to this being a recommended action)

• Duty to inform workers of their right to join a trade union

• Strengthening trade union right of access

Relating to TU’s being able to request physical access to workplaces and digital access to workforces (e.g via email or other digital platforms)

• 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

The current requirement (introduced in October 2024) is to take “reasonable steps”

• Increased Employment Tribunal time limits

To increase the timeframe for being able to submit a tribunal claim from  3 months to 6 months.

• Introduction of a requirement to produce gender pay gap and menopause action plans (to be introduced on a voluntary basis in April 2026)

For employers with 250 or more staff to set out how they will address issues and to report on progress.

• Enhanced rights for pregnant workers

Protection from dismissal for those who are pregnant, on maternity leave or who have returned to work for a six month period after they return to work (i.e. expanding current protections which relate specifically to redundancy dismissals)

• New threshold for collective consultation

Whilst collective consultation will still be required where 20 or more redundancy dismissals are proposed at a single establishment, there will be a new threshold  for multi-site redundancies 

• Flexible working

Requirement for employers to explain the basis of decisions where applications for flexible working are being refused (as opposed to just quoting one of the 8 acceptable statutory reasons), and for any such rejection to be reasonable.

• Introduction of Bereavement Leave

A new day one right to unpaid bereavement leave - not just for parents as is currently the case. This will now also include parents that experience a miscarriage before 24 weeks of pregnancy. 

• Ending the exploitative use of zero-hours contracts (ZHC) and applying ZHC measures to agency workers

A new right to a guaranteed hours contract (and therefore more stable earnings) if  regular hours are worked over a defined period (likely to be 12 weeks), and with reasonable notice of shifts and compensation payments for shift cancellation/movement and curtailment at short notice (with limited exceptions which are yet to be set out)

• Introduction of “Day 1” right protection from unfair dismissal

Instead of needing a minimum of 2 years of continuous service