The Employment Rights Bill will soon receive Royal Assent – are you ready?

On the whole, the group see the Employment Rights Bill as taking a much-needed step towards supporting workforces. Amanda Jenkins, a senior people officer, sums it up: “My thoughts on the premise of the legislation generally are positive. I think it’s long overdue given the significant productivity and labour market challenges we face in the UK.” Her main question is: “Does it go far enough? If we compare the UK, for example, to the top economically productive countries, there is a clear positive correlation between their outputs and better labour regulations.”

A welcome approach – if a little muddled

Trade unions appear to agree, having long pushed for stronger worker protections. The Bill reflects this, with expected changes to trade union activity from two months in, and longer-term plans like a new right to time off for union representatives. Nicola Lyons, a strategic HR leader, feels this area needs more clarity, adding: “Some will respect the appropriate level of time off work for trade union activities and others will not. It needs to be fair and reasonable for employers.”

On the other hand, many feel that, in organisations that already treat employees well, the Bill’s impact will be minimal. Melanie Folkes-Mayers, an award-winning people and culture expert, says, “there are a lot of changes that don’t mean a lot to businesses that already provide enhanced policies and provisions to their staff. The changes in the main affect those who have been providing the bare minimum of standards.”

Adrian Tomsa, a chief people officer, says it is more about adjustment than overhaul for many businesses: “Overall, much of what is being mentioned won’t make a huge difference to the running of our organisation. Elements such as flexible working rights and harassment prevention, we largely already have in place. However, certain elements will need to be prepared for or re-emphasised, either through policy tweaks or training.”

Day-one challenges

Of greater concern is the introduction of new day-one rights, particularly in relation to statutory sick pay and unfair dismissal. It’s important to clarify that these day-one rights won’t come into force on day one of the Act itself. For example, the change to unfair dismissal rules, which removes the current two-year qualifying period, isn’t slated to apply before 2027 and is still under discussion. Even so, many HR professionals support the direction of travel, and Nicola says she “‘agrees with this important change”.

But even without day-one rights coming into immediate effect, preparation is still required. Tracey Salisbury, director of an HR consultancy, flags the scale of preparation required and that the changes “will require additional documentation, planning and management from organisations – which many are completely unprepared for and may not have the structure or knowledge to implement and manage”.

Melanie echoes this, highlighting the operational gap at line manager level: “The main areas that I’m concerned about are getting managers up to speed on the day-one rights and ensuring that they are documenting employee interactions.” This is a sensible approach: carefully documenting probationary meetings and support is a good way to safeguard against unfair dismissal claims.

From a legal perspective, Charlotte Yallop, a partner and solicitor working in employment law and HR, warns of the increased risk for employers if they’re not prepared: “Day-one rights mean every dismissal must now be justifiable and procedurally fair. Employers will need a clear paper trail from the outset: probation reviews, performance notes, conduct records. These will be the first line of defence in a claim, and it’s often where employers fall down.”

Organisations like Acas have voiced concern over the volume of queries from both employers and employees that these changes are likely to trigger. Charlotte agrees, saying, “Tribunal claims are likely to rise, but the real cost is management time, disruption and reputational risk, not just legal fees and awards.”

To avoid some issues it’s advisable to put formal procedures and documentation in place where required. For example, Charlotte warns, “Dismissals during probation will still be possible, but only if backed by evidence and a fair process. Informality carries risk.”

Phased rollout – help or hindrance?

While the Government’s roadmap outlines a phased rollout of implementation of the Bill’s different legislative strands, many HR professionals remain unclear on how and when specific provisions will take effect. A key concern is whether employers could be held liable before certain duties are implemented. For example, if the Bill becomes an Act in 2025, could an employer be liable in 2026 for failing to prevent third-party harassment, even though that specific duty isn’t due to take effect until 2027? Clarifying this, Charlotte states: “The Act will become law but there will be implementation dates for various parts. So, in your example, the harassment in 2026 would not be in breach of the legislation as that part hasn’t yet been implemented.”

From an operational perspective, Tracey welcomes the staggered timeline: “I think the phased approach is a good strategy. It allows organisations to bring in each stage at a time and also ensures that aspects are not overlooked and companies are not overwhelmed with several changes at once.”

However, Melanie questions the logic of delaying protections: “It would be easier if they were implementing all the changes in one go, as it makes no sense to say you want to support employees but make them wait for additional protection.”

Should HR wait or act now?

With much of the Bill still in development and key consultations still to take place or conclude, many HR professionals feel like they’re “leading in the dark”. Some are hesitant to act before Royal Assent. One people officer who asked to remain anonymous says: “The Bill isn’t even an Act yet. I’m sceptical about what will actually go through, so I’m questioning if it’s worth making any changes until it does.”

But others stress the value of early preparation. Amanda advises: “Information as early as possible is key. Yes, some of it may change, but delaying entirely isn’t wise. It’s about being prepared – not pre-empting.” Melanie echoes this: “Time moves really quickly, so getting the information early gives time to prepare people, policies and processes in a way that is legislatively compliant.”

While uncertainty remains, most agree it’s better to be informed now than scramble later. As Amanda puts it: “Granted not everything may become [law] but doing the work to ‘sort the house out’ in my opinion is never a waste of time. In my experience it draws out other key issues for the organisation that may have gone unnoticed.”

What is the best way to prepare?

Whether you’re ready or not, these changes are coming and there are practical steps you can take, including staying up to date through continuing professional development (CPD) and trusted sources like Brightmine, Acas and Government updates. Amanda notes: “In terms of preparation, I think the key for me and my team is to read, learn and keep up to date in CPD. Linking in with those organisations, providing opportunities for learning are key.”

The Fair Work Agency will also play a role, not just in enforcement, but in supporting both employers and workers to understand and meet the new requirements.

Melanie acknowledges the difficulty of planning without full clarity: “Each area of legislation will take a different amount of time to prepare for, depending on where my client currently is.“ Still, she’s already adapting: “As I’m reviewing policies and processes, I’m updating them with a mind to the new regulations being implemented.”

Communication will also be key. Melanie shares: “Manager briefings are working well and [we are] including updates in existing monthly meetings. For those with financial implications, it’s important to share that information with the payroll team and adding it to the budget for the appropriate financial year.” Charlotte agrees: “Managers must be trained to spot issues early and to document concerns properly; without this, even short-service dismissals could prove costly.”

Conclusion

HR professionals are used to legislative change, but the scale of the Employment Rights Bill presents unique challenges. In future features, I will explore the areas generating the most concern – what the Bill means for SMEs and specific sectors, how to navigate the phased rollout, and its potential impact on women in the workplace. Many also feel the Bill has been rushed, with little thought given to how Government, employers and employees need to collaborate to ensure its success, so I will be examining that too.

To make sure you’re prepared, watch for our webinar ‘Employment Rights Bill – HR’s countdown to April 2026’.