The Department for Business and Trade published its Employment Rights Bill (ERB) Roadmap today – follow this link to read the press release, and the Roadmap can be found here.
Subject to the Bill receiving Royal Assent, the Roadmap outlines areas that will be consulted on in autumn this year, followed by a second wave of consultations in winter 2025/26.
It includes expected dates that the different measures within the ERB will come into effect – in April 2026, October 2026 and 2027 and when relevant consultations are expected to take place. It also outlines areas that will come into effect soon after Royal Assent, (Government currently expects this to take place in September) such as immediate repeal of the Strikes (Minimum Service Levels) Act 2023 and the majority of the Trade Union Act 2016, as well as protections against dismissal for taking industrial action.
Measures are expected to come into force:
In April 2026:
- On collective redundancy, doubling the maximum period of the protective award
- ‘Day one’ paternity leave and unpaid parental leave
- Whistleblowing protections
- Establishment of the Fair work Agency
- Statutory sick pay from day one and removal of lower earnings limit
- A package of trade union measures including simplifying trade union recognition process and electronic and workplace balloting
In October 2026:
- Ending fire and rehire practices
- Strengthen the law on tipping by mandating consultation with workers
- 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
- A package of trade union measures including new rights and protections for trade union representatives, extending protections against detriments for taking industrial action and strengthening trade unions’ right of access.
In 2027:
- Gender pay gap and menopause action plans (introduced on a voluntary basis in April 2026)
- Enhanced dismissal protections for pregnant women and new mothers
- Further harassment protections, specifying reasonable steps which an employer must take to prevent sexual harassment
- Creating a modern framework for industrial relations
- Bereavement leave
- Changes to zero hours contracts and guaranteed hours
- ‘Day 1’ right to protection from unfair dismissal
- Improving access to flexible working
Government is committed to producing guidance to help organisations navigate the changes, which will be available in advance of implementation deadlines to allow time for familiarisation and preparation.
In terms of the consultation timescales that are relevant for retailers, the roadmap outlines the following:
- Summer/ Autumn 2025 – unfair dismissal from 'day 1', including on the dismissal process in the statutory probation period
- Autumn 2025 – trade union measures including electronic balloting and workplace balloting; simplifying trade union recognition processes; duty to inform workers of their right to join a trade union; and, right of access. New rights and protections for trade union representatives will be covered by an Acas Code of Practice consultation; Fire and rehire; Bereavement leave; Rights for pregnant workers; Ending Zero Hours Contracts (ZHCs)
- Winter/ early 2026 – A package of trade union measures including protection against detriments for taking industrial action and, blacklisting; Tightening tipping law; Collective redundancy; Flexible working
Engagement and consultation will inform policy development and positions via regulations or Codes of Practice. Some measures may require more than one round of consultation, especially if there is a need to update or develop a Code of Practice.
The clarity the roadmap provides is welcome, with adequate visibility of timescales and dates for implementation, as well as prioritisation for different policy proposals and consultation. The overriding priority now must be meaningful engagement to ensure that retailers’ key concerns are properly considered and that effective solutions are found.
On behalf of retailers, we’ll be engaging with the Department on different aspects, and submitting responses to the consultations.
We remain concerned with some of the proposals, including guaranteed hours provisions, day one rights and industrial relations, and welcome the opportunity to engage in meaningful discussions to ensure our concerns are considered and addressed.
A review on parental leave in all forms was also launched today – find more information here. The aim is to unify policy pieces over previous years into a more comprehensive policy.
As always, we are very keen to hear members feedback on the above and the ERB proposals. Feel free to reach out to me at luiza.gomes@brc.org.uk to share your views.
