The Employment Rights Bill story won’t end with Royal Assent – and HR must be prepared – HR News

Summary

Abigail McKean, Senior Knowledge Lawyer at Stevens & Bolton, outlines the staged rollout of the Employment Rights Bill and the large number of important details that will be left to later regulations and consultations.

Royal Assent is expected in November, but many headline measures will not take effect immediately. The earliest changes (two months after Royal Assent) will make it easier for unions to obtain mandates for industrial action. Major changes are phased across 2026 and 2027 — including rights from the first day of employment for paternity leave and Statutory Sick Pay, the establishment of the Fair Work Agency, tougher protective awards for collective consultation failures, an effective ban on “fire and rehire”, a duty to prevent sexual harassment, wider union access (including digital access), removal of the unfair dismissal qualifying period and strengthened flexible working and zero-hours protections.

However, many critical details remain undecided: the length and mechanics of any “initial period of employment” and its light-touch dismissal process, new thresholds for collective redundancy consultation, specifics of zero- and low-hours worker protections, and the final rules on union recognition and access. Consultations this year will shape the regulations and guidance that determine the Bill’s final impact.

Key Points

Royal Assent is expected soon, but most significant provisions are phased in over 2026–2027 and require secondary regulations.
First changes (two months post-Assent) will make union mandates for industrial action easier to obtain.
April 2026: first-day rights for paternity/unpaid parental leave and Statutory Sick Pay, Fair Work Agency established, and protective award for consultation failures doubles to 180 days’ pay.
October 2026: effective ban on “fire and rehire”, duty to take all reasonable steps to prevent sexual harassment, and new virtual/digital union access rights.
2027: removal of the unfair dismissal qualifying period, changes to collective redundancy thresholds, new rights for zero- and low-hours workers, and strengthened flexible working requests.
Key procedural details remain undecided and will be set via consultations, regulations and guidance — these will determine the real operational impact.
Practical preparation now can reduce future disruption: review contracts, policies, workforce patterns, and train managers in performance, flexible working and harassment prevention.

Why should I read this?

Short version: this isn’t a single moment — it’s a marathon. If you’re in HR, payroll, legal or run line managers, the Bill will change how you hire, manage and consult staff over the next two years. Read this to get a clear timeline, know where the major uncertainties are, and grab the checklist of practical steps you can start now so you’re not scrambling when the regulations land.