You will be aware that just before Christmas, the Employment Rights Bill was passed and became an act of law, known as the new Employment Rights Act 2025. We have further clarity on some of the reforms that we had been told would come into force ‘soon after the Bill’ would pass. Listed below is a high-level summary of the implementation dates for the next few months:
December 18, 2025:
The Strikes (Minimum Service Levels) Act 2023 was repealed
February 18, 2026:
- Removal of the 40% threshold currently required to support strike action of those in critical public services (fire, health, education, transport, border security and nuclear decommissioning sectors)
- Strike mandates to last 12 months
- Changes to the requirements for notices of an intent to ballot
- Changes to the requirements for notices provided by the unions to take industrial action must
- Notice period for industrial action reduces from 14 to 10 days
- Removal of the additional requirement for unions to supervise picketing and the need to appointment a supervisor
- New union members automatically opted in to contribute to a political fund (unless expressly opt out)
- A trade union will be required to issue a notice to all members every 10 years confirming they are contributing to the political fund and have a right to opt out
- Automatic unfair dismissal protection throughout strike action (previously only applied for the first 12 weeks)
April 2026:
- Paternity leave and Shared Parental Leave become a day 1 right
- Paternity leave can be taken after a period of shared parental leave
- SSP paid from the first day of absence and the lower earnings limit will be removed, making all employees eligible. SSP to be paid at the lower of the statutory rate of SSP or 80% of normal weekly earnings.
- Fair Work Agency established
- Maximum protective award for failure to consult to double to 180 days’ pay
- Sexual harassment to become a qualifying disclosure for the purpose of Whistleblowing laws.
We will of course be keeping you up to date with any further developments on the matter.
