The Employment Rights Bill: implementation and impact in schools

The Employment Rights Bill (the “Bill”) represents the most significant reform to employment rights in the United Kingdom in decades.

The Bill has far-reaching implications for employees and employers alike, including, amongst other things:

• The introduction of unfair dismissal rights from day one of employment
• Restricting the practice of dismissal and reengagement (‘fire and rehire’)
• Extending parental leave rights
• Strengthening trade union rights
• Guaranteed hours for workers on zero hours contracts; and
• Extending the limitation period for the vast majority of employment claims.

We reported in greater detail on the Bill’s proposals for reform here and since its publication there have been a number of amendments to the Bill, which we also explored in an earlier article.

The roadmap for implementation

It had previously been anticipated that the majority of the measures proposed in the Bill would not come into force until 2026 at the earliest. The specific timeframes for implementation had, however, been unclear, making it difficult for employers to prepare. The government has, however, now published a roadmap for implementation (the “Roadmap”), providing greater clarity as to when we can expect the key reforms to take effect.

The Roadmap confirms that there will be a phased implementation of the Bill, to give employers, workers, trade unions and other stakeholders time to understand the details of the measures and plan their time and resources to make sure they are ready when the changes come into effect.

It is expected that the Bill, which is currently with the House of Lords for scrutiny, will reach Royal Assent in or around autumn this year.

The Roadmap confirms that the following provisions of the Bill will take effect at the time of Royal Assent, or soon afterwards:

• Repeal of various trade union laws
• Simplifying industrial action notices; and
• Protections against dismissal for taking industrial action.

April 2026 will see the following measures take effect:

• Doubling the collective redundancy protective award
• Day one rights to Paternity Leave and Unpaid Parental Leave
• Whistleblowing protections
• Removal of the Lower Earnings Limit and waiting period for Statutory Sick Pay
• Establishing the Fair Work Agency; and
• Simplifying the trade union recognition process.

October 2026 will be a key date, with some of the more significant measures taking effect, including:

• Dismissal and reengagement (‘fire and rehire’) – automatically unfair dismissal except in very limited circumstances
• Reforms to trade unions laws, including a duty to inform workers of their right to join a trade union, and strengthening trade unions’ right of access to workplaces
• Requiring employers to take “all reasonable steps” to prevent sexual harassment of their employees
• Introducing an obligation on employers not to permit the harassment of their employees by third parties; and
• Extending the time limit for which the majority of employment claims can be made.

The Roadmap confirms that the final stages of implementation will apply during 2027, when the following will take effect:

• Strengthened rights for pregnant workers
• Gender pay gap and menopause action plans
• Changes to the threshold for collective redundancy consultations
• Changes to flexible working requests
• Extension of bereavement leave entitlements
• Zero hour contracts reforms; and
• A day one right to not be unfairly dismissed.

Those reforms that are due to be implemented in 2027 will be subject to significant consultation, taking place between Summer 2025 and early 2026.

What does this mean for schools

Schools will likely be breathing a sigh of relief with the news that the vast majority of measures proposed by the Bill will not be in force until late 2026 at the earliest. Several of the reforms will have a specific impact on the education sector, and schools now have greater clarity over the timeframe for implementation.

October 2026 will be of particular relevance to those schools engaged in or planning consultations with staff regarding proposed changes in terms of employment, given the restriction on the use of dismissal and reengagement. There is also time to prepare for the extension of unfair dismissal protection and the complex changes proposed to zero hours working arrangements, planned for 2027.

The Government will use the time between now and the implementation dates to engage and consult with stakeholders – including employers – in relation to “the complex policy issues” presented by the Bill. We hope that the lengthy consultation period will allow for there to be exploration and consideration of the practical issues that are likely to arise, in advance of the implementation dates.

At this stage, no immediate action is required, although schools should begin to reflect upon how the changes may impact their current working arrangements, policies and procedures and plan accordingly.