It’s been almost a year since the Employment Rights Bill was introduced, and it’s already starting to leave its mark. First laid before Parliament in October 2024, the Bill sets out to overhaul the UK’s workplace laws in ways that, until recently, felt more theoretical than real. But time has moved on. Some parts of the legislation are already in force; others are just around the corner.
What’s emerged is a staggered roll-out. A number of reforms are still under consultation, and some may evolve again before they’re fully enacted. But with key provisions already embedded, and others expected by the end of 2026 and into 2027, employers now need to get to grips with what’s changed, what’s coming, and what it all means in practice.
Sexual harassment
Since October 2024, it has no longer been enough for an employer to respond to incidents after they occur. Employers must take active, reasonable steps to prevent harassment happening in the first place.
For many businesses, that meant revisiting staff training, rewriting policies, and making sure there’s a clear and visible route for concerns to be raised and dealt with.
This responsibility is due to expand further. From October 2026, the duty will extend so that employers will be required to take “all reasonable steps” to prevent sexual harassment. They will also be under a duty to take “all reasonable steps” to prevent third-party harassment and to prevent harassment in relation to other protected characteristics.
And alongside that, larger employers (those with 250 or more employees) will need to publish equality action plans, setting out what they’re doing to promote gender fairness in the workplace.
Regulations are expected in 2027 which will set out what shall be regarded as “reasonable steps”.
The tone is changing. Where workplace culture used to be seen as an internal issue, the law is increasingly drawing clear lines about what’s expected, and where the risks now lie.
Rethinking dismissals and tribunal access
The Bill’s most significant shift is likely to come in 2027, when the current two-year qualifying period for bringing an unfair dismissal claim is expected to be removed. If that happens, every employee, regardless of length of service, will gain access to protection that was previously out of reach. There’s some talk of a “light touch” dismissal process for new hires, but details remain thin.
What’s more immediate is the extension of the tribunal time limit. From October 2026, employees will have six months rather than three, to bring most types of claims. For employers, that means longer periods of potential exposure and more time for disputes to resurface.
It’s a change that cuts both ways: it gives more breathing space to resolve internal grievances before they escalate, but it also prolongs uncertainty and complicates record-keeping for HR teams.
Strengthening whistleblowing protection around harassment
Alongside its broader focus on workplace safety, the Bill has carved out stronger protection for those who speak up.
If an employee reports that sexual harassment has happened, is happening, or is likely to happen, that disclosure is now treated as “protected” under whistleblowing laws. That means it’s unlawful to subject the individual to any detriment as a result of their report—and if they’re dismissed for raising the issue, it will be classed as automatically unfair. There’s no minimum service threshold and no cap on compensation.
Crucially, these reports are excluded from the scope of confidentiality clauses. So even if someone has signed an NDA or a settlement agreement, they remain free to speak out about sexual harassment.
Family-friendly changes
More support for working parents is also on the way. From April 2026, both parental leave and paternity leave will become “day one” rights. The current requirement for a qualifying period of employment will fall away, opening up access for more families.
Bereavement leave is also being expanded. From 2027, employees who lose a dependant will be entitled to one week of statutory leave, alongside the two weeks already in place following the death of a child.
Flexible working rules will also tighten. Employers will no longer be able to rely on vague or template refusals. From 2027, they’ll need to set out not only why a request has been turned down, but also why that decision is considered reasonable in the circumstances. In practice, that may require more written explanation, more careful deliberation, and potentially more legal scrutiny.
There’s also additional protection planned for pregnant women, those who have been pregnant and those taking or returning from a period of statutory family leave.
The Government has confirmed that intends to make it unlawful to dismiss employees who have been pregnant within 6 months of their return, save for in specific circumstances. While this is designed to sit alongside the existing redundancy protections, it will place a stronger onus on employers to tread carefully when managing performance or conducting restructures involving new mothers.
Fairer terms for zero-hours and low-hours workers
In a further nod to job security, the Bill introduces new rules around casual work. From 2027, employers will be required to offer guaranteed hours contracts to eligible zero-hours or low-hours workers after a set period of engagement.
The reforms also tackle the problem of last-minute shift changes. Employers who cancel or move shifts at short notice will be expected to give reasonable warning, or compensate the worker for the disruption. These rules will apply not just to employees, but to eligible agency workers too.
For businesses that rely on flexible rotas, particularly in hospitality, care, or retail, these changes are likely to alter how staff are scheduled and retained.
Redundancy rules and collective consultation
Under the new rules, collective consultation thresholds are being redefined. While the 20-person trigger at a single site still applies, an additional test will look at proposed redundancies across the employer’s entire workforce. That means smaller restructures at different sites could, taken together, still trigger a collective consultation duty.
The Bill also introduces strict limits around changes to terms and conditions. If an employer tries to impose what’s defined as a “restricted variation” (such as changes to pay, hours or holidays) and the employee refuses, then dismissing that employee could be classed as automatically unfair. Similarly, if the employee is dismissed and then re-engaged (or replaced with someone else) on the new terms, that too may fall foul of the new rules.
These protections won’t apply in cases of genuine financial hardship, but employers will need to be able to demonstrate that convincingly.
From April 2026, the protective award for failing to consult collectively will double from 90 days’ pay to 180 days, making consultation failures a far costlier error.
Trade Unions and sick pay
From 2026, employers will be required to confirm in writing each employee’s right to join a trade union. Trade unions will also be able to request access agreements – giving them clearer pathways into the workplace to speak with staff.
Statutory sick pay is also being reformed. From April 2026, SSP will be payable from the first day of absence, and the lower earnings limit will be removed. This will bring many lower-paid or part-time workers into scope for support where they might previously have missed out.
These measures aren’t just technical changes. They signal a broader shift toward reinforcing workplace protections and reducing the insecurity often faced by those in more vulnerable roles.
What should employers be doing now?
Although many of the reforms are not yet live, they’re not far off. And with several major changes already in effect, the Bill is no longer something on the horizon—it’s here, and it’s happening.
Now is the time to review your workforce structure. If you use zero-hours or variable-hours contracts, you’ll want to get ahead of the guaranteed hours requirement. Probation periods and dismissal processes should also be revisited, particularly as the qualifying period for unfair dismissal looks set to vanish.
You may need to review your redundancy playbook. Are you considering a restructure that might now trip a collective consultation duty? Do you need to elect representatives? Is your process fit for scrutiny?
Finally, it’s worth investing in training for managers. Whether it’s handling flexible working requests, responding to disclosures of harassment, or managing parental leave fairly and lawfully, the human decisions made day to day will be the ones that either keep you compliant, or put you at risk.
Final thoughts
The Employment Rights Bill signals a deep shift in how the law expects people to be treated at work. For many employers, it may feel like a rising tide of obligations. But for those willing to act early, there’s an opportunity here, not just to meet the minimum legal standard, but to show leadership in a changing world of work.
