{"id":16757,"date":"2026-04-29T22:27:04","date_gmt":"2026-04-29T22:27:04","guid":{"rendered":"https:\/\/www.brightmine.com\/uk\/?post_type=resources&p=16757"},"modified":"2026-04-29T22:27:05","modified_gmt":"2026-04-29T22:27:05","slug":"employment-rights-act-2025-how-do-you-prepare-for-the-unknown","status":"publish","type":"resources","link":"https:\/\/www.brightmine.com\/uk\/resources\/hr-compliance\/employment-law-updates\/employment-rights-act-2025-how-do-you-prepare-for-the-unknown\/","title":{"rendered":"Employment Rights Act 2025: How do you prepare for the unknown?"},"content":{"rendered":"\n
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by Rochelle Murinas<\/strong>, Managing Director of DJH People and HR Limited<\/p>\n\n\n\n

There is a lot we know about the\u00a0zero hours\u00a0contract measures contained in the Employment Rights Act 2025 \u2014 and\u00a0quite\u00a0a lot we\u00a0still\u00a0don’t\u00a0know about how they will work in practice when they are finally implemented next year.<\/strong><\/p>\n\n\n\n

Employment legislation never stands still \u2014 and the measures set out in the Employment Rights Act 2025 centred on zero hours contracts are a perfect example of that. Although the Act doesn’t seek to remove these types of contract and arrangements, it is clear that the intention is to create fairer and more secure working arrangements for employees. It is also raising plenty of questions for employers.<\/p>\n\n\n\n

For most employers, zero hours contracts are about flexibility. They offer a way to respond to demand, cover seasonal peaks or give employees a choice over when they work. But the latest measures around offering guaranteed hours are creating new complexity \u2014 especially when the details aren’t yet finalised.<\/p>\n\n\n\n

I work with many businesses that rely on flexible contracts, from retail and hospitality to professional services and manufacturing. The theme that keeps coming up in conversations with clients is simple: what does this really mean in practice for me and for my business?<\/p>\n\n\n\n

Many employers are worried about what they can and\u00a0can’t\u00a0do. Employees are wondering whether they\u00a0will finally gain the consistency they\u00a0have been promised. And everyone, it seems, is trying to make sense of which parts of the\u00a0measures\u00a0are confirmed and which are still being\u00a0decided\u00a0\u2014\u00a0there\u00a0is secondary legislation to follow, with an announced implementation date of 2027.<\/p>\n\n\n\n

Questions, concerns and misunderstandings<\/h2>\n\n\n\n

For most employers, zero hours contracts are about flexibility. They offer a way to respond to demand, cover seasonal peaks or give employees a choice over when they work. But the latest measures around offering guaranteed hours are creating new complexity – especially when the details aren’t yet finalised. A consultation has been promised but has not yet opened.<\/p>\n\n\n\n

The most common question I hear is: “Will I have to offer fixed hours to everyone on a zero hours contract?”<\/p>\n\n\n\n

It’s an understandable concern, but the answer is not quite as simple as a yes or a no.<\/p>\n\n\n\n

Under the\u00a0Act, employers will\u00a0be required\u00a0to offer hours that reflect the actual hours worked by an individual during a defined reference period\u00a0\u2014 this is still to be decided. The aim is to ensure contracts reflect genuine working patterns,\u00a0offering transparency instead of indefinite uncertainty.<\/p>\n\n\n\n

More importantly, the obligation sits with the employer to make the offer of hours where a regular work pattern exists. The worker can then choose whether or not to accept the hours offered, maintaining flexibility where that’s preferred.<\/p>\n\n\n\n

It’s also important to remember that not every zero hours contract will be affected in the same way. For some roles, especially those that are genuinely casual in nature, the current structure may continue to make perfect sense. The key is to be clear and consistent in how you offer hours and manage scheduling, ensuring decisions are fair and documented.<\/p>\n\n\n\n

For small business\u00a0owners in particular, that\u00a0distinction provides reassurance. The change\u00a0doesn’t\u00a0remove flexibility \u2014 it formalises it.\u00a0But it does mean employers will need clear processes to\u00a0monitor\u00a0working patterns,\u00a0identify\u00a0when\u00a0guaranteed\u00a0hours should be offered and manage these discussions consistently and transparently.<\/p>\n\n\n\n

Providing clarity in an uncertain environment<\/h2>\n\n\n\n

Many of our clients have said the same thing: “We just want to know what’s final and how we plan for that.”<\/p>\n\n\n\n

Unfortunately, as with most employment law changes, there’s often a period of uncertainty. That was the case while we were waiting for the Employment Rights Bill to be passed into law (which finally happened in December 2025), and now, in relation to the low and zero hour worker measures, we are awaiting the fine print in the form of regulations before the reforms enter into force.<\/p>\n\n\n\n

Rather than overwhelming clients with every draft clause or legal footnotes, my colleagues and I focus on what matters most:<\/p>\n\n\n\n