The Employment Rights Bill Implementation Roadmap, recently published by the Government, outlines its anticipated timeline for bringing the Bill’s measures into effect.
Although the Bill was initially expected to receive Royal Assent and become law before Parliament’s summer recess, it now appears more likely to happen after the summer break. Even once enacted, the changes will not be introduced all at once but will instead be rolled out in phases.
One of the most significant reforms proposed in the Bill is the removal of the two-year qualifying service period for bringing an unfair dismissal claim, alongside introducing a simplified dismissal process during a probationary period. While the government had previously said that reforms of unfair dismissal will take effect no sooner than autumn 2026, the new roadmap states implementation will not take place until 2027. However, it remains unclear whether this will be early, mid, or late in the year.
Employers can therefore breathe a little easier when it comes to preparing for the immediacy of this particular change however, this is not to say that complacency is advisable. This change is still expected to come into effect and those employers who take steps now to implement robust onboarding, induction and probationary procedures will find themselves best placed to manage this shift in employee rights when it comes into force.
Whilst the urgency around the day one right to unfair dismissal has eased somewhat, employers will be disappointed to learn of the impending increase to tribunal claim deadlines from 3 months to 6 months which will give more time for disgruntled employees and former employees to consider their options in terms of bringing legal proceedings against their employers. Prevention is better than cure when it comes to tribunal proceedings: addressing internal procedures and investing time in culture will be steps which reap rewards in respect of this particular announcement.
When it comes to harassment, which has been a hot topic for the last 12 months or so, the roadmap interestingly indicates that the new provisions making employers liable for third-party harassment – unless they have taken all reasonably practicable steps – will not come into force until October 2026. This is later than expected, particularly given that no further substantive regulations are actually required to implement the change.
Similarly, the enhancement of the duty on employers to prevent sexual harassment – from taking “reasonable steps” to taking “all reasonable steps” – is scheduled for October 2026. However, employers will have to wait until 2027 for the accompanying regulations that will define what constitutes “reasonable steps”. This leaves employers in a difficult position as they will technically face liability before they have this further detail. Sexual harassment training will remain a crucial step for employers seeking to discharge their liabilities in spite of the potential upcoming lack of clarity.
It’s worth noting that while the government has set out these timeframes, these are not set in stone and may be subject to change. Employers should continue to monitor developments closely to stay informed about when each measure will come into force. Much of the detail surrounding these changes will emerge through the upcoming consultations, so employers should engage where appropriate and monitor the outcomes closely.
Employment Rights Bill Roadmap Unveiled: Here’s our Key Takeaways
The roadmap outlined brings both compliance duties and opportunities to build stronger, more sustainable workplaces. Here’s our key takeaways for SME business owners:
Immediate Union And Collective Rights Restored (Upon Bill Passage)
- Repeal of the Strikes (Minimum Service Levels) Act 2023 and most of the Trade Union Act 2016.
- Legal protection for workers engaged in industrial action — no dismissals for striking.
- Greater union access and presence in workplaces is expected.
What this means for SMEs: Expect stronger union activity and be prepared to work collaboratively with trade unions where present. Clear grievance procedures and dispute protocols will be essential.
April 2026: Family Leave, Sick Pay, and the Fair Work Agency
- Day-one rights to unpaid parental and paternity leave — eliminating minimum service thresholds.
- Sick pay reforms: Removal of the lower earnings limit and waiting period extends coverage to over 1.3 million low-paid workers.
- Launch of the Fair Work Agency to enforce compliance and penalise bad actors.
- The increase to the protective award for failures in collective consultation – from 90 days’ pay to 180 days’ pay – is set to take effect sooner, in April 2026.
What this means for SMEs: Businesses must budget for higher statutory sick pay outflows and ensure internal policies reflect the new eligibility. Small businesses should act now to assess exposure and seek advice.
October 2026: Addressing Workplace Harassment & Insecurity
- Extension of time limit for bringing employment tribunal claims for 3 months to 6 months
- Ban on fire-and-rehire practices.
- Introduction of a sector-specific fair pay body in adult social care.
- Employers must take all reasonable steps to prevent sexual harassment, including from third parties.
- New rules on tip transparency and enhanced union rep protections.
What this means for SMEs: Review HR policies on tipping, harassment, and restructuring. Missteps could lead to legal claims and reputational risk.
2027: Equality, Flexibility & Stability
- Bereavement leave, zero-hours contract reform, and protection from unfair dismissal from day one.
- Pregnancy and maternity protections expanded.
- Mandatory menopause and gender pay plans.
- Greater access to flexible working.
- Guidelines for determining ‘reasonable steps’ in the context of sexual harassment prevention measures
What this means for SMEs: Predictable working hours and improved leave entitlements will require changes in rostering and workforce planning, especially for businesses reliant on shift workers.
