The Government’s Roadmap for Delivering Change
Reasons to choose Wilson Browne
Yesterday, the Government released a well anticipated update concerning the implementation of the Employment Rights Bill (‘the Bill’).
The Government has released a ‘roadmap for delivering change’, which sets out the stages of consultation and implementation of the Bill’s proposed new measures.
In delivering the changes, the Government is taking steps to:
- Consult with employers, workers, trade unions and other stakeholders. This is to determine the most effective way to bring about the intended changes in the workplace. The Government has emphasised the need for the changes to work for all.
- Create guidance/ Codes of Practice to support employers, workers, trade unions and other stakeholders with the new requirements. These may be co-developed by partners like Acas, or other organisations. The Government aim to get these out so that stakeholders have ample opportunity to familiarise themselves with the guidance before the measures come into practice.
- Support Acas and other partners, by making sure that they have time to prepare for the changes.
- Ensure workers, employers, trade unions and other stakeholders have time to prepare and space for system change. The Government speaks of how many employers will need to amend existing IT and payroll systems to accommodate the new reforms, and how many smaller businesses need additional support in order to undertake the changes.
- Ensure the enforcement landscape has adequate capacity and capability to uphold the new requirements. This will involve giving further support to Acas, the employment tribunal system and the new Fair Work Agency.
Given the preparatory steps required, it makes sense that the Government has also confirmed a ‘phased commencement’ of the new measures, with the first being introduced at Royal Assent (anticipated soon) or shortly afterwards with others being delayed to dates during 2026 and 2027.
The first measures to take effect
- Repealing most of the Trade Union Act 2016 and the Strikes (Minimum Services Levels) Act 2023,
- Simplifying industrial action notices and industrial action ballot notices, and
- Protections against dismissal for taking industrial action.
Measures taking effect in April 2026
- Doubling the maximum period of protective award for Collective Redundancy,
- ‘Day 1’ Paternity Leave and Unpaid Parental Leave,
- Whistleblowing protection changes,
- Introduction of a Fair Work Agency body,
- Removal of the Lower Earnings Limit and waiting period for Statutory Sick Pay, and
- Introducing electronic and workplace balloting.
Measures taking effect in October 2026
- Putting an end to “Fire and Rehire”,
- Bringing forward regulations to establish the Fair Pay Agreement Adult Social Care Negotiating Body,
- Tightening tipping law,
- Introducing a 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 representatives,
- Extending Employment Tribunal time limits, and
- Extending protections against detriments suffered for taking industrial action.
Measures that will take effect in 2027
- Introducing gender pay gap and menopause action plans (introduced on a voluntary basis in April 2026),
- Increasing 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 to be revised,
- Reform of flexible working practices,
- Changes to bereavement leave,
- Ending the exploitative use of ZHCs and applying ZHC measures to agency workers, and
- ‘Day 1’ right – protection from unfair dismissal
This roadmap for delivering change provides employers with the timetable for change. It also enables employers to to implement a plan to review and change their practices in line with the new measures. Employers may first wish to consider familiarising themselves with the changes to Trade Unions, and industrial action, ready for Royal Assent.