Employment

Becci Collins
July 2025

The Journey so far

Published in October 2024, the Employment Rights Bill (“the Bill”) introduced 28 significant changes to transform employment law. The changes are comprehensive and will transform many aspects of employment. Affecting all industries, the Bill will impact everyone who works, and every business which engages workers.

As a key component in the Government’s “Make Work Pay” plan, the aim of introducing the bill is simple, to improve employment rights for workers. The proposed changes are hoped to help more people stay in work and consequently for living standards to be improved. This week, we shall be publishing a series, taking each of the implementation stages in turn to explain the anticipated changes, concluding on Friday with considerations as to what employers can do to prepare.

Since October 2024, the Bill has made its way through many of the required stages, and on 1 July 2025, the government published a roadmap for its delivery. Most recently in parliament on 7 July 2025, the Bill is currently in the final stages in the House of Lords (the Report stage). Once the Bill is passed by the House of Lords, it will return to the House of Commons for consideration of the amendments made.

The projected road map provides employers with advanced warning of the order and dates the changes shall come into effect. While the implementation dates and the anticipated changes to the law may alter, proactive and prudent employers will take this time to educate themselves on what is expected, in order to ensure it is fully prepared. The saying “fail to prepare, prepare to fail” has never felt more relevant to employment law.

The roadmap

The Bill is expected to receive Royal Assent in autumn this year, and as early as September. As the first week of school summer holidays is upon us, and many employers are working with a reduced workforce, it is imperative that the upcoming changes are not overlooked and preparation is not postponed.

Whilst there is no guarantee the Bill will receive Royal Assent as planned, as the biggest changes proposed come from within the Government, it is hoped that they will not delay the Bill’s implementation. Employers must keep abreast of the immediate changes and developments as well as those expected in April 2026, and subsequent changes in 2027. to ensure compliance and reduce the risk of complaints and litigation.

Immediate effect and winter 2025

Repeal the Strikes (Minimum Services Levels) Act 2023 and the majority of the Trade Union Act 2016

Only recently introduced by the previous Conservative Government, the Strikes (Minimum Service Levels) Act 2023 provided the government the right to set out the minimum service level to be provided during strike action in the following industries:

  • Border security;
  • Decommissioning of nuclear installations and management of radioactive waste and spent fuel;
  • Education services;
  • Fire and rescue services;
  • Health services; and
  • Transport services.

The Trade Union Act 2016 introduced a number of restrictions on strikes, including restrictions on picketing, higher ballot thresholds and the requirement to provide longer notice periods.

The Bill is currently being amended to including provisions the Government consulted on in December last year in relation to simplify the information unions will be required to provide employers in relation to industrial action. We await confirmation of what the simplified information shall be. By reducing the information required, it is hoped that the scope for employers to request injunctions preventing industrial actions on the basis of a union’s failure to comply with the legislative requirements is reduced.

The Strikes (Minimum Service Levels) Act 2023 shall be repealed as soon as the Bill receives Royal Assent as will the majority of the Trade Union Act 2016, without consultation.

Protection for taking part in industrial action and being a trade union member

The Supreme Court recently held in Secretary of State for Business and Trade v Mercer that an employee who participates in industrial action is not protected from detriments short of dismissal for doing so.

As currently drafted, the Bill would introduce protection from detriments short of dismissal for employees who take part in industrial action. The rights of representatives of recognised trade unions would also be increased, to enable them to better support their members. Adding to a representative’s current right to paid time off, they would also be provided with reasonable facilities and accommodations to carry out their duties.

Consultation as to the protections and rights of trade unions are expected to begin as soon as winter 2025 with an intended implementation date in October 2026.

If you would like more advice on the changes brought by this Bill and your obligations as an employer, please contact our Employment team