Employment Rights Bill (Employment Rights Act)

Yes, you should review them. The unfair dismissal qualifying period is due to reduce from two years to six months from 1 January 2027, with retrospective effect, so any employee with at least six months’ service on that date will be able to claim unfair dismissal. That means probationary periods will need a rethink. Under the new rules, probation periods will stay purely contractual, but employees will still have the rights attached to their length of service.

It’s due to start in January 2027. The duty to inform workers of their right to join a trade union is expected to come into force in January 2027. Employers will need to issue the statement to all new workers who join from the commencement of the duty, and to all existing workers by 5 April 2027.

The Fair Work Agency is an Executive Agency of the Department for Business and Trade, operating under the authority of the Secretary of State. It was established on 7 April 2026 to bring together enforcement functions that were previously exercised by multiple bodies into a single organisation. Its remit includes enforcement of employment agency standards, pay-related rights including national minimum wage and national living wage, requirements for a gangmaster’s licence and conditions for licences, and protections against serious labour exploitation. It enforces labour market legislation across England, Wales, Scotland and Northern Ireland, subject to the jurisdictional arrangements and prosecutorial frameworks that apply in each nation. It also has powers to bring tribunal claims on a worker’s behalf, provide support, assistance and representation to workers raising their own claims, enforce statutory payments, and require businesses to prove compliance with employment law.

Trade unions will have the right to visit and communicate with workers in the workplace from October 30th, this will apply to any organisation that has 21 or more workers, including those employed by associated employers within Britain. In the event an organisation does not agree to a trade unions request to access, then the Central Arbitration Committee (CAC) can decide to grant access and the terms under which the access should be granted.

There will be several changes to trade union legislation including a statutory right to access workplaces, to recruit organise and represent workers. Along with this change the following will also be implemented: Extended rights for trade union representatives. Extended detriment protections for those involved in industrial action. Introduction of trade union right of access. Prohibition of unfair practices relating to trade union recognition and derecognition processes.

From 30th October 2026 a major change comes into play, again as part of the Employment Rights Act 2025, with employers having to take all reasonable steps to prevent sexual harassment. This will require employers to be proactive in their management of risk factors, as well as actively planning and documenting preventative measures put in place, hence “all reasonable steps” as opposed to just “reasonable steps”. Liability is also extended to harassment (this includes all kinds of harassment) carried out by third parties, including (but not limited to) customers, clients, patients and contractors. These new regulations will require employers to show that they have assessed the risks and taken steps to prevent harassment of their workers.