There are some major changes coming to your rights at work this year, after the Employment Rights Bill became law on December 18.
The Act will introduce additions and amendments to existing legislation, including the Employment Rights Act 1996. Most of the employment law changes have not yet taken effect; they will come into place from next month to the end of the year. PM Keir Starmer said of the bill: “Today we have proved what a pro-business, pro-worker Government can achieve – a modern framework for workers’ rights. This Act sets in motion an increase in living standards, supporting productivity and, importantly, more security and dignity for people in work. When we said we’d bring work into the 21st century, we meant it – and today we’ve delivered it.”
Increased strike dismissal protection
From February, dismissal for taking part in a strike will be “automatically unfair”. This will also remove the current 12-week limit for claiming unfair dismissal.
From October, striking workers will be protected against detriment – being treated less favourably by their employer.
Trade union activity
From February
Time needed to give notice of industrial action reduced to 10 days
Unions need a simple majority to vote for industrial action
Picket supervisors no longer required
Industrial action mandates last for 12 months
Industrial action and ballot notices simplified
Political fund rules changed
From April
From October
Employers must inform workers of their right to join a trade union
Trade unions’ right of access to the workplace
Reasonable accommodation and facilities for trade union representatives
Time off for union equality representatives to carry out their duties
Paternity leave and unpaid parental leave
From April
Paternity leave to become a ‘day one right’, allowing someone to give notice of leave from the first day of employment, down from 26 days
Ordinary parental leave will also become a ‘day one right’, down from requiring a year of employment
Restriction on taking paternity leave after shared parental leave removed
Sick pay
From April
Statutory Sick Pay (SSP) paid from the first day of illness, instead of the fourth day
Lower earnings limit removed
Collective redundancy protective award
From April, the maximum ‘protective award’ for failure to consult in collective redundancy will double from 90 days’ pay to 180 days’ pay.
Whistleblowing protections for sexual harassment
From April, sexual harassment becomes a ‘qualifying disclosure’ under whistleblowing law, meaning that someone who reports sexual harassment will be protected from detriment and unfair dismissal.
Gender pay gap and menopause action plans
Employers need to create action plans around menopause and gender pay gaps. These will be voluntary from April 2026 and mandatory at some point in 2027.
Fair Work Agency
The agency will be established in April to consolidate existing enforcement bodies and enforce employment rights, including holiday pay and statutory sick pay.
Dismissal and rehire
From October, firing someone and then rehiring them on worse terms and conditions will be an automatically unfair dismissal in most cases.
Harassment
From October
Employers will be liable for harassment from third parties, such as customers or clients, unless they have taken all reasonable steps to prevent it
Employers will need to take ‘all reasonable steps’ to prevent sexual harassment – current law says ‘reasonable steps’
A change to the law around Non-Disclosure Agreements (NDAs) is expected, voiding clauses to prevent workers from disclosing harassment or discrimination. The date of this change is currently unknown.
Tipping
From October, employers must consult with workers or their representatives before creating a tipping policy, and must update their tipping policy every 3 years
Employment tribunal time limits
From October, time limits for making a claim to an employment tribunal will increase from three months to six for all claims.
Public sector outsourcing
From October, employers will no longer be able to offer different terms and conditions to ex-public sector employees and private sector employees.
Mandatory Seafarer’s Charter
In December, there will be a new mandatory charter for seafarers, with higher standards around health and safety, pay, job security and rest breaks.
