Employment Rights Bill – Upcoming Changes
27th January 2026
The Employment Rights Act officially received Royal Assent on 18th December 2025.
This being a significant landmark for Employment Rights since the Equality Act 2010!
The Act will introduce additions and amendments to existing legislation.
Due to the volume of changes this will take place over years 2026- 2027, with the first change already taken place. (Removal of minimum service level rules for strikes).
Below is a brief overview of these upcoming changes:
February 2026 (industrial action protection increases)
- Dismissal for striking becomes automatically unfair
- Notice period for industrial action decreases to 10 days
- Simple majority required for strike ballots
- Industrial action mandates last 12 months
- Picket supervisors no longer required
April 2026
- Day one rights for Paternity leave and ordinary parental leave
- Statutory sick pay paid from day one of illness
- Sexual Harassment will become a qualifying disclosure under whistleblowing law
- Fair Work Agency 2026 established to enforce employment rights
- Additional trade union reforms (e.g. voting electronically and simpler recognition)
October 2026
- ‘Fire and re-hire’ practices will become automatically unfair on worse terms in most cases
- Employment Tribunal time limits will increase from 3 – 6 months
- Employers must take ‘all reasonable steps’ to prevent harassment and will be liable for third party harassment
- Employers gain duties to inform workers about trade union rights and allow
- union access / time off
- Public sector outsourcing two-tier code and adult social care negotiating body begin
December 2026
- Mandatory Seafarer’s Charter for improved standards at sea begins 2027
- Unfair Dismissal qualifying period reduced to 6 months (expected in January 2027)
- Further protections for pregnancy and maternity return to work
- Gender pay gap and menopause action plans becomes mandatory
- New right to statutory bereavement leave
- Workers on zero-hour contracts will get the right to guaranteed working hours, if wanted
- If an employer rejects a flexible working request because of a genuine business reason, they will have to state the reasons, explain why they believe their refusal is unreasonable.
- The law will specify what ‘reasonable steps’ means when preventing sexual harassment
We are here to help navigate through all the changes that are due to come into force and
are happy to assist with any enquiries regarding this.
Contact our Employment experts who are here to help both Employers & Employees.
Article written by Employment Solicitor Ashlea Hunt