The Employment Rights Bill: implementation timeline for major changes confirmed
The Government has confirmed when the major changes will take effect, with phased implementation running into 2027. Independent schools now have a valuable opportunity to plan ahead.
Implementation roadmap published
Since taking office, the Government has made clear its intention to deliver wide-ranging reform of employment law.
With the recent publication of the implementation roadmap for the Employment Rights Bill, we now have clarity for the first time on the Government’s detailed timetable for change. The roadmap confirms that reforms will be introduced in phases from 2026 through to 2027, giving schools an important opportunity to plan ahead.
Autumn consultations planned
It has always been understood that many of the changes introduced by the Employment Rights Bill would require further consultation before coming into force. What the newly published roadmap provides for the first time is clarity about which aspects of the Bill will be consulted on, and when.
Consultations will be phased from summer 2025 into early 2026, allowing the Government to develop the detail of each reform in collaboration with employers, trade unions and other stakeholders. These consultations will shape how key entitlements are implemented in practice, inform the content of new or revised Codes of Practice, and ensure that guidance is available well before the reforms take effect.
Several areas of relevance to schools are included in the consultation plan, including proposals relating to dismissal during probation, protections for pregnant workers, and changes to trade union rights and consultation processes. Further consultation is also expected on reforms to fire and rehire, flexible working and zero-hours arrangements.
Phased implementation: what schools need to know
As soon as the Bill becomes law, some existing rules that restrict the right to strike will be scrapped. At the same time, stronger legal protections will be introduced to make it harder for employers to dismiss workers for taking part in strike action.
From April 2026, the Government intends to implement:
- Day one rights to paternity leave and unpaid parental leave
- The removal of the lower earnings limit and waiting period for statutory sick pay
- Enhanced whistleblowing protections
- Doubling the maximum protective award for collective redundancies
- The launch of the new Fair Work Agency
- Trade union reforms including simplified recognition procedures and changes to balloting
From October 2026, the following measures are expected:
- Restrictions on unfair ‘fire and rehire’ practices
- Statutory protections for tips
- Employer duty to take all reasonable steps to prevent sexual harassment, including third-party harassment
- Further trade union protections (including against detriment for taking industrial action)
- Extended time limits for bringing tribunal claims
From 2027, the final tranche of changes will take effect, including:
- Day one unfair dismissal rights
- Enhanced dismissal protections for pregnant women and new mothers
- New protections for zero-hours workers and improved access to flexible working
The Government has also stated that clear guidance will be published ahead of implementation to support employers.
Next steps
With the implementation timetable now set out, schools have a valuable opportunity to plan ahead and make targeted changes before new legal duties take effect.
A priority will be to review recruitment and probation procedures, particularly in light of the forthcoming day one unfair dismissal right. Probation periods should be clearly structured, well-documented and actively used to assess suitability.
Schools should also review their use of casual or variable-hours contracts, ahead of restrictions on zero-hours arrangements due in 2027. Understanding current engagement models now will help identify where adjustments may be needed.
Where contractual change is anticipated, it may be prudent to act before October 2026, when new restrictions on dismissal and re-engagement are expected. Early action can avoid the need to navigate a more complex framework later.
Schools should also ensure that anti-harassment procedures are up to date, well understood and consistently applied. A statutory duty to take all reasonable steps to prevent sexual harassment, including by third parties, will take effect from October 2026.
Taking steps now will support a smoother transition and help ensure future compliance.
We will continue to report on developments. Bookmark and save our Bill tracker to stay up to date with the latest news on the Bill.