Employment Rights Act consultations
Despite the length and complexity of the Employment Rights Act 2025, most of the updates it covers don’t spell out the full details of how they’ll work in practice. This is partly due to the unusually wide range of changes and new measures, as well as its staggered introduction over the next two years.
Full details will be confirmed in a series of regulations that relate to each area before they come into force.
In preparation for creating the rules, exemptions, and timeframes in those regulations, the government launched various sets of consultations relating to several key parts of the Act.
Some of these consultations began all the way back when the first draft of the Employment Rights Bill (ERB) was published, in October 2024. They then closed in December of the same year. Some of the more important consultations from this time included:
- Changes to Statutory Sick Pay, which will come into effect April 2026
- Updating rules around collective redundancy and stricter penalties for “fire & rehire”
A couple of consultations relating to specific sectors began in the summer or autumn of 2025 and have now concluded. These included:
- Consultation on the operation of the new School Support Staff Negotiating Body (closed July 2025)
- Consultation on the new fair pay agreement in adult social care (closed 16 January 2026)
However, the consultation processes for many of the most significant aspects of the Act were launched in Autumn 2025 and are due to conclude this month or shortly after. These are:
- Consultations regarding a range of trade union related measures – the last of these (regarding balloting methods) finishes 28 January
- Consultations on extending bereavement leave rights and greater protections against dismissal for pregnant workers (closed 15 January)
Many SMEs are keen to know the exact details of the new requirements around zero-hour contracts, but the consultation on this topic hasn’t started yet. It’s due to get underway at some point in early 2026, in preparation for the changes taking effect in 2027.
Consultation on tighter restrictions around “fire & rehire” is also still ongoing. Following the last-minute major change on the qualifying period for unfair dismissal (i.e. going from a proposed ‘day one right’ to a six-month qualifying period), it’s currently unclear whether a consultation will be held on this new qualifying date.
A number of consultations on other areas of the Act are also planned, but don’t have confirmed dates just yet. These include:
- Flexible working
- Tipping
- Aspects of collective redundancy
- Protections for trade union activity
As you can see, the timetable for developments around the new Act will be a constantly evolving one, but we’ll keep you informed of the finalised details of all key measures in the Act as they become available.
