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Employment Rights Act

The Employment Rights Act introduces major reforms to UK employment law, with changes being implemented in stages from December 2025 through to 2027.

Employment Rights Act

'197' guidance listed

What happens if an employee refuses to accept a proposed change to their contract?

Under the Act's new restrictions on fire and rehire, it will usually be automatically unfair to dismiss an employee for refusing to accept certain changes to key contractual terms, such as pay, pensions, working hours, shift patterns or leave entitlements.

What changes are being made to redundancy consultation requirements?

The Act increases the consequences for employers that fail to comply with collective redundancy consultation and provides for a future organisation-wide consultation trigger.

What consultation requirements will apply before employers can change terms and conditions?

The Act does not remove the need for employers to consult and seek agreement before making significant changes to employees' terms and conditions.

What new restrictions will there be on ‘fire and rehire’ practices?

Under the new rules, it will usually be automatically unfair to dismiss an employee because they refuse to accept certain changes to key contractual terms, including changes relating to pay, pensions, working hours, shift patterns and time off.

What kinds of contract changes count as a ‘restricted variation’?

Under the Act, a restricted variation is a change to certain key contractual terms that are considered particularly important to workers’ terms and conditions.

Do employers have to consult with workers if there is no recognised union?

Yes. Employers cannot avoid their consultation obligations simply because there is no recognised trade union.

Do the consultation rules apply if fewer than 20 redundancies are proposed?

The legal duty to undertake collective consultation has traditionally applied where an employer proposes to make 20 or more redundancies within a 90-day period. Where fewer than 20 redundancies are proposed, the statutory collective consultation requirements will not normally apply.

How will the new rules interact with company sick pay schemes?

The changes to Statutory Sick Pay (SSP) set a new statutory minimum standard, but they do not prevent employers from providing more generous sick pay arrangements.

Will sick pay be available from the first day of sickness?

Yes. One of the key reforms to Statutory Sick Pay (SSP) is the removal of the current three-day waiting period. Under the new arrangements, eligible workers will be entitled to SSP from the first day of sickness absence.

Will the penalties for failing to consult properly increase?

Yes. The Act increases the penalties that can be imposed on employers who fail to comply with their collective consultation obligations during redundancy exercises.

What are Equality Action Plans and which employers will have to produce them?

The Act introduces Equality Action Plans as a new way for larger employers to demonstrate how they will improve workplace gender equality. Since April 2026, employers with 250 or more employees have been able to publish a voluntary action plan alongside their annual gender pay gap report. Subject to secondary legislation, action plans are expected to become mandatory from spring 2027.

Will the new sick pay rules apply to part-time, agency, or migrant workers?

Yes. The reforms to Statutory Sick Pay (SSP) are intended to extend access to sick pay for many workers who were previously excluded, including some part-time, agency and migrant workers.

What changes are being made to Statutory Sick Pay?

The Act introduces significant reforms to Statutory Sick Pay (SSP), with the aim of extending access to sick pay and improving support for workers who are unable to work because of illness.

What new protections will there be against harassment at work?

Employers will be required to take all reasonable steps to prevent sexual harassment of their workers in the course of employment. This raises the standard from the previous duty to take reasonable steps and places greater emphasis on preventing harassment before it occurs.

Will the Act address gender, ethnicity, or disability pay gaps?

Yes. The Act strengthens measures to improve pay transparency and help employers take action to reduce workplace inequalities.

Are there changes to the use of non-disclosure agreements in harassment cases?

Yes. The Act provides that certain contractual terms seeking to prevent workers from alleging or disclosing work-related harassment or discrimination will be void. This change is due to come into force during 2027, with exceptions and detailed rules to be set out in regulations.

What changes will the Act make to zero-hours contracts and casual work?

The Act creates new protections to provide greater security and predictability at work, such as guaranteed-hours, reasonable notice of shift changes and a new framework for agency agreements. These rights are due to come into force during 2027, with important details to be set out in regulations.

What safeguards are there to stop employers avoiding the new rules by reclassifying workers as self-employed?

A worker's legal status is determined by the reality of the working relationship, not simply by the label used in a contract. An employer cannot avoid employment rights simply by describing someone as self-employed if, in practice, they meet the legal definition of a worker or employee.

What changes are being made to the qualifying period for unfair dismissal

The Act reduces the qualifying period for ordinary unfair dismissal protection from two years' continuous service to six months.

How will the new unfair dismissal rules interact with probation periods?

The Act reduces the qualifying period for ordinary unfair dismissal from two years to six months. It does not abolish probation periods, and employers will continue to be able to use them to assess whether a new employee is suitable for the role.

How will unfair dismissal rights apply to workers on fixed-term contracts, agency contracts, or temporary work?

The new six-month qualifying period for ordinary unfair dismissal will apply to employees, including those working on fixed-term contracts. Agency workers and other temporary workers are in a more complex position because unfair dismissal rights depend on employment status.

Are there transitional arrangements for workers who were employed before the new rules take effect?

Yes. The new unfair dismissal rules will apply not only to new employees but also to many people who are already in employment when the changes come into force.

What changes does the Act make to trade union recognition rules?

The Act simplifies the statutory recognition process, making it easier for unions to gain recognition through the Central Arbitration Committee (CAC).

What changes are being made to unions’ rights to access workplaces and communicate with workers, including digitally?

The Act creates new physical and digital access rights for trade unions to recruit, organise, support and represent workers, including in non-union workplaces, with a new CAC process where access cannot be agreed with employers.

Are there changes to the process for employers to derecognise a union?

The Act strengthens protections against unfair practices during recognition and derecognition campaigns, with greater CAC oversight of employer conduct, while reps should monitor and document unfair behaviour and can seek support from the CAC where concerns arise.

Will the new rules make it easier for unions to organise workers and win recognition?

The reforms are designed to make organising and recognition easier for unions through simpler recognition procedures, new workplace and digital access rights, and a requirement for employers to inform workers of their right to join a union, creating more opportunities for reps to recruit, organise and build workplace relationships.

Are there plans to introduce or expand sectoral collective bargaining?

The Act enables sector-level negotiating bodies, starting with adult social care in England, bringing together employers, unions and government to negotiate minimum pay and terms, with potential for the model to expand to other sectors.

Does the Act change the laws governing the right to strike?

The Act simplifies the process for organising industrial action, extends strike mandates, strengthens protections for workers, and makes it harder for employers to challenge lawful action on technical grounds.

Will the 50% turnout threshold for industrial action ballots be removed?

The Act provides for the 50% turnout threshold for industrial action ballots to be removed, but this change is not yet in force and no commencement date has been confirmed.

Will strike ballots still have to be conducted by post?

From August 2026, unions will be able to use electronic and workplace balloting alongside postal voting, making it easier for members to participate in statutory ballots.

Are there changes to notice periods and other requirements before industrial action can take place?

The Act simplifies industrial action procedures by reducing notice periods, extending ballot mandates to 12 months and cutting back information requirements, making it harder for employers to challenge action on technical grounds.

Will workers taking part in action short of strike have greater legal protection?

The Act strengthens workers’ protection during lawful industrial action, extending unfair dismissal protection and will introduce additional protections from October 2026.

Are there changes to rights relating to bereavement leave, carers’ leave, or adoption-related leave?

Yes. The Employment Rights Act introduces a new day-one right to unpaid bereavement leave, including for certain pregnancy losses, expected in 2027. Carer’s leave is unchanged and remains a day-one right to up to one week of unpaid leave each year. Adoption leave and pay are largely unchanged, although the new day-one paternity leave rights also apply in qualifying adoption cases. Since April 2026, statutory paternity leave and unpaid parental leave have been available from day one of employment, while statutory paternity pay still has qualifying requirements.

What changes are being made to flexible working rights?

The Act will strengthen the existing statutory right to request flexible working. The current right to make a request from the first day of employment remains in place; the additional reforms are due to come into force during 2027.

What is the Fair Work Agency and what powers does it have?

The Fair Work Agency (FWA) is the UK's employment rights enforcement body. Its purpose is to protect workers, support fair competition and help ensure employers comply with employment law.

Can the Fair Work Agency bring cases on behalf of workers or provide legal support?

One of the most significant powers of the Fair Work Agency (FWA) is its ability to take action on behalf of workers, rather than relying solely on individuals to enforce their own rights through the employment tribunal system.

Who is entitled to paternity leave?

You are entitled to paternity leave if you are the father of the child or partner of the primary adopter and expect to have responsibility for the child; or   you are married to, or are the partner of, the person giving birth, but are not the child’s father, and you expect to have the main responsibility along with that person for the upbringing of the child.

Paternity leave

What is parental leave?

The law allows working parents, or others with a formal parental responsibility, who are employees, up to 18 weeks’ leave for each child up to the age of 18. 

Family

I'd like to take paternity leave. What notice do I need to give my employer?

If you intend to take paternity leave you have to give your employer notice that specifies the week when your child is due to be born, the length of leave that you intend to take (up to two weeks) and the date that you have chosen your leave to begin on.

Family

What does 'flexible working' mean?

Flexible working is any type of work arrangement that gives employees flexibility over where and when they work. It includes flexi-time, remote and home working, part-time working, predictable hours and compressed hours.

How can a union help?

If you are a union member and your employer recognises your union, it is very likely that there are both formal and informal routes for resolving disputes open to your union workplace representative. As soon as you think you may have a problem, you should raise it with your union rep and seek their advice.

What rights does a union have when it is recognised?

If the union is an independent union (meaning that it has a certificate of independence issued by the Certification Officer) a number of legal rights follow.

Is there a maximum temperature in workplaces?

There is a minimum temperature of 16°C, or 13°C if your work involves considerable physical activity. However, your employer is also expected to prevent your workplace being uncomfortably hot. There should also be enough thermometers around the workplace so that you can check the temperature.

Hot at work

Our office windows don't open. What should our employer do about temperature?

Your employer is expected to prevent your workplace being uncomfortably hot. There are many steps which employers may take to assess risk and provide more comfortable working during hot weather.

Aircon display screen

Should our employer provide drinking water when it's hot?

Workplace (Health, Safety and Welfare) Regulations 1992 say that an adequate supply of wholesome drinking water should be provided for everyone in the workplace, regardless of whether the weather is hot or not. It also says the employer has to provide cups, unless it is a drinking jet. In the case of non-disposable cups, a facility for washing them should be provided nearby.

Worker drinking water

I work outdoors all day in the sunshine. Is this safe?

Outdoor workers exposed to high temperatures and the sun for long periods are at risk of sunstroke, sunburn and heat exhaustion. Sunstroke or heatstroke is more likely when heavy physical work is being done.

Worker outside drinking water

Can I stop wearing a suit to work when the temperature gets too high?

You should first of all check your employee handbook or contract to see what (if anything) these say about acceptable standards of dress. Most employers will be prepared to be flexible during hot weather and a smart (but cooler!) alternative to a suit should not be considered a problem. Obviously, standards of dress will very much depend on the job that you do. For example, smarter clothing may be expected where you work in a frontline post, representing your company and meeting clients.

Men in suit

Can I take time off for urgent family reasons?

The Employment Rights Act gives all employees the right to dependants' leave. This is a right to reasonable time off work to help a dependant in certain circumstances. Your employer does not have to pay you if you take dependants' leave unless there is a workplace agreement that you will be paid. Employees' jobs are protected during their absence on dependants' leave. 

Parent with child

My child is sick and I need time to look after them, but my employer is refusing. Do I have any rights?

You have the right to take reasonable time off as dependants’ leave to deal with an emergency involving your child if he or she is ill and you need time to make arrangements for their care. If your employer is refusing you time off for this purpose, you should seek advice from your trade union rep or (if there is no recognised union in your workplace), your local Citizens Advice or Law Centre. 

Parent and child

I've got a young family and would like to change my work patterns. What are my rights?

So long as you are an employee, you have the right to make a request for flexible working, and your employer must consider that request.  Your employer can only refuse your request for flexible working on specified grounds, such as impact on performance, burden of extra costs and insufficient work for the periods the employee wants to work. You can make up to two requests in any twelve-month period.

Young family

What time off work am I entitled to in relation to maternity?

All pregnant employees are entitled to reasonable paid time off for antenatal care. Fathers-to-be and partners of a pregnant employee are also entitled to unpaid time off to attend two antenatal appointments.  

Mothers

I am expecting a child. What are my employment rights as an employee?

You are entitled to 52 weeks' maternity leave, regardless of how long you have been with your employer and the right to choose to cut short your maternity leave (after taking the first two weeks of leave, or four if you are a factory worker) and to share the remaining leave with your partner, so long as you both qualify under the Shared Parental Leave regime.

Pregnant woman

What time limits do I need to consider in taking adoption leave?

You must give your employer notice of your intention to take adoption leave within seven days of being notified by the adoption agency that a child will be placed in your care for adoption.

Family

Can I share my partner’s maternity leave?

Yes, so long as both of you qualify for Shared Parental Leave, and so long as your partner agrees. 

Father

Am I entitled to Statutory Maternity Pay (SMP)?

You are entitled to SMP provided you have worked for your employer for at least 26 weeks and have been paid at least the Lower Earning Limit on average in the eight weeks up to the last qualifying week.

Newborn

Am I entitled to take statutory adoption leave?

You have a right to 52 weeks of adoption leave if you are an employee, are the primary person adopting the child, and have notified the adoption agency agreeing the placement of the child with you.

Family

What are the circumstances under which I can ask for dependants' leave?

You have a legal right to take dependant's leave for a number of reasons, for example if you need to help a dependant who falls ill, or where normal care arrangements have been suddenly disrupted.

Childcare

I am the parent of a disabled child. What are my rights to parental leave?

All parents are entitled to take up to 18 weeks’ unpaid parental leave (maximum four weeks per year) to be used at any time up to the child’s 18th  birthday.

Family

Who counts as a 'parent' in order to be able to take parental leave?

Only parents, carers with 'parental responsibility' or who expect to get 'parental responsibility', and fathers who are registered on a child’s birth certificate are entitled to take parental leave for a child. Only the person giving birth and the father, if married to them, automatically have parental responsibility. Unmarried fathers will have parental responsibility if they have been granted it by the person who gives birth or have a court order granting it. 

Family

What happens to my conditions of service when I'm on parental leave?

During parental leave, you will still be an employee but your employer is not obliged to pay your wages during that time. All other terms of your contract of employment, and all the rights and obligations under it, remain in place. You continue to accrue statutory holiday, which can be taken after the end of your leave (although not necessarily immediately after it – you will need to agree it with your employer). 

Family

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