The Ever-Evolving Employment Rights Bill

With headlines and news updates dominating HR discussions, it’s understandable that many employers might assume the Employment Rights Bill is already law. In reality, it’s still navigating the legislative process, with full implementation not expected until 2026—and potentially even later for certain provisions.

Despite this, the Government continues to release updates, often reshaping the Bill by removing some proposals and introducing others. For employers, this shifting landscape creates uncertainty but also a valuable opportunity to prepare.

Why All the Changes?

Before a Bill becomes law in the UK, it must pass through at least twelve formal stages, including debates in the House of Commons, committee scrutiny, and reviews by the House of Lords. The Employment Rights Bill is also subject to consultation with key stakeholders such as trade unions, professional bodies like the CIPD, and industry experts. These discussions naturally lead to amendments.

What’s New So Far?

Among the more notable proposals to emerge are the following:

• • Tribunal Claim Deadline Extension: Employees may soon have six months—instead of three—to bring a tribunal claim. This could have significant implications for how employers handle disputes.
  • Agency Workers: The right to request regular hours contracts may now extend to agency workers, not just zero-hours workers.
  • Collective Redundancies: The protective award period may be doubled from 90 days to 180 days in cases of collective redundancy.
  • Trade Union & Strike Rules: Proposed changes include increasing the notice period for industrial action from seven to ten days, and limiting strike mandates to 12 months (currently six).
  • Statutory Sick Pay (SSP): For workers earning below the lower earnings limit, SSP may be set at 80% of their weekly earnings or the SSP rate—whichever is lower.

Further consultations are expected on electronic balloting for unions and additional obligations during collective redundancy consultations.

What Should Employers Do Now?

Although we won’t see the final legislation until 2026, the current trajectory is clear. Employers would be wise to begin planning now in the following key areas:

1. 1. Preventing Tribunal Claims

With the right to bring a tribunal claim potentially becoming a ‘day one’ entitlement, and the deadline extended to six months, proactive risk mitigation is essential. Consider the following:

• • Train managers to confidently and fairly handle performance issues, absence management, grievances, and disciplinary matters.
  • Deliver workplace conduct training—especially around bullying, harassment, and sexual harassment. (See our article on the new employer duty to prevent sexual harassment .)
  • Review your recruitment and onboarding practices:
    • Are job descriptions clear and aligned with role expectations?
    • Do your hiring managers have the skills to assess candidates beyond just interviews?
    • Would interview training help them better spot the right fit?

1. 2. Anticipate SSP Cost Increases

With SSP likely to be payable from day one of absence, costs could rise. Prepare by:

• • Ensuring your Sickness Absence Policy is legally compliant and fit for purpose.
  • Training managers on how to apply absence policies fairly and consistently.

1. 3. Review Use of Zero Hours Contracts

Zero hours contracts have been under scrutiny since the Bill’s inception. If your business relies on them, you’ll want to get ahead of these proposed changes:

• • Workers will gain a right to guaranteed hours, based on the average worked over the previous 12 weeks.
  • They’ll also have a right to reasonable notice for shift changes or cancellations—and may receive full pay if changes come too late.

Review how these changes would impact your business now so you can begin budget planning and workforce adjustments accordingly.

How We Can Help

At MAD-HR, we specialise in helping employers prepare for legislative changes like the Employment Rights Bill. From minimising the risk of tribunal claims and reviewing HR policies, to upskilling your managers and supporting strategic workforce planning, we provide practical, tailored support to help your business stay compliant and resilient. Contact us today, and we can discuss how these upcoming changes could affect your organisation – and how we can help you prepare.