Employment Rights Bill
Changes at a glance
| Right | Current | New | When |
| Unfair dismissal | 2 years’ service required | Day one right, subject to a statutory probationary period with a simplified dismissal procedure | No sooner than Autumn 2026 |
| Zero hours and low hours contracts | Permitted but not allowed to contain exclusivity clauses preventing them working for other employers | Additional entitlement to a guaranteed hours contract if regular hours are worked over a 12-week reference period. New right to reasonable notice of shifts, changes to shifts and cancellation of shifts. New right to be paid for cancelled, moved or curtailed shifts | 2026 |
| Fire and rehire | Permitted, but employers have to follow the Code of practice on dismissal and re-engagement | Dismissals automatically unfair except in limited circumstances where the viability of the business is at risk | 2026 |
| Collective redundancy consultation | Employers must collectively consult if proposing 20 or more redundancies at one establishment (single workplace/site/office) within a period of 90 days or less | The obligation will be triggered based on the number of employees affected across the whole business, not just one establishment | 2026 |
| Paternity leave | 26 weeks’ service required | Day one right | 2025 |
| Unpaid parental leave | 1 year’s service required | Day one right | 2025 |
| Bereavement leave | No right | New right to at least one week’s leave paid at the prescribed rate | 2025 |
| Statutory sick pay | Only paid to workers whose wages meet the lower earnings limit and there is a 3 day waiting period | Paid from day one of sickness absence irrespective of level of earnings | 2026 |
| Flexible working | Right to request from day one, with ability to refuse on specified grounds | Right to request from day one, with ability to refuse on the same specified grounds but only where refusal is reasonable | 2026 |
| Harassment |
Statutory duty for employers to take reasonable steps to prevent sexual harassment of employees coming into force on 26 October 2024 Employers not liable for harassment by third parties |
Employers will be required to take all reasonable steps Employers liable for harassment by third parties if they do not take all reasonable steps to prevent it Disclosures about sexual harassment will be protected disclosures for whistleblowing purposes and so workers cannot be prevented from disclosing information about sexual harassment, for example by a settlement agreement |
2026 |
| Equality action plans | Large employers have to report on their gender pay gaps but no obligation to create action plans. No requirement for menopause action plans | Large employers will have to create and publish action plans to address gender pay gaps and to support employees through the menopause | 2026 |
| Protection from dismissal for pregnant women and new mothers | Dismissal allowed provided not discriminatory or unfair. In cases of redundancy, employers must give the employee priority for any suitable available role during pregnancy and in the 18 months following childbirth | New protections will be introduced by Regulations limiting an employer’s ability to dismiss an employee while pregnant, during maternity leave and for six months after their return. Dismissals in breach of the Regulations will be automatically unfair | 2025 |