After months of HR and business leaders collectively holding their breath, the Government has released its roadmap to implement the Employment Rights Act.
The reforms reach across the whole employment lifecycle, and although they are being phased in, the window to prepare is already narrowing. With April changes imminent and later reforms affecting employees hired well before their formal start dates, employers have less time than they think. Act now, and there is opportunity to prepare strategically; wait, and those same reforms will quickly cause compliance chaos.
What does the roadmap look like and where should organisations focus first?
The first wave has already landed
Before looking ahead, get to grips with what’s already changed. The repeal of the Strikes (Minimum Service Levels) Act 2023 came into effect in December 2025, and the support threshold of 40% of those entitled to vote in favour of industrial action was removed on 18 February 2026.
For HR functions that haven’t yet completed a thorough impact assessment or started to prepare, the immediate priorities are to revisit contingency plans for managing disputes, for example, do they reflect a world where minimum service levels no longer exist? Union and employee relationships need genuine investment in building partnerships and trust, not just broadcasting communications. Managers need practical guidance on what they can and can’t do during industrial action, and dismissal and disciplinary processes need tightening to reflect the stronger protections now in place. If that work hasn’t started, it needs to start now, because the legal exposure is already live.
April 2026 reforms – Strengthen and test your compliance foundations
The next wave of changes hits in April 2026, so there is no time to wait, especially with the cost and complexity the new Statutory Sick Pay legislation brings in. The priority here is to tighten governance and strengthen operational discipline before enforcement and financial risk increase.
Start with a compliance and risk audit, ensuring policies, contracts, payroll systems and documentation reflect the incoming changes. Processes must work in practice, particularly around absence management, family leave and collective consultation (if applicable).
At the same time, the new Fair Work Agency will have the power to monitor and enforce stronger enforcement and bring claims on behalf of employees. This will mean that redundancy planning, consultation processes, record keeping and decision making, all need to be sharper to reduce the risk of processes failures leading to costly payouts.
Manager capability is a strategic lever to reduce risk
Manager capability is where well-intentioned policy either holds up or falls apart. Line managers will need clear, practical guidance on handling family leave, managing absence fairly and responding appropriately to disclosures and union activity. Without that capability, great policies will only get you so far.
Those who use this period to strengthen employee voice and invest in early conflict resolution will find themselves in a stronger position, not just legally, but in terms of the everyday employee experience. With union recognition becoming easier and worker protections increasing, organisations that get the cultural elements right will feel it in their engagement levels long after the legislation has bedded in.
From policy updates to proving prevention
From October this year, the focus needs to shift from getting your policies in order, to demonstrating that prevention is genuinely embedded.
The extension of the legal duty to take “ALL reasonable steps” (emphasis added) to prevent harassment will cover all forms of harassment under the Equality Act 2010, not just sexual harassment (including by third parties), raising the evidential bar considerably. HR teams will need to show not only that the policies exist, but that risk assessments have been conducted, managers are trained, reporting routes have been tested and preventative action embedded in higher-risk areas of the business. Further guidance on what all reasonable steps is expected in October 2027. As a result, due to this ambiguity, documentation, refresher training and visible senior accountability in terms of your outlining your “all reasonable steps” framework are critical.
2027 is set to see new restrictions on non-disclosure agreements coming into force, meaning employers will no longer be able to use confidentiality clauses to prevent workers from disclosing information about discrimination or harassment. it’s sensible to review template settlement agreements to ensure you won’t fall foul of the new restrictions.
Fairness as a baseline
For organisations operating in adult social care, the creation of the Fair Pay Agreement Negotiating Body marks the start of a more coordinated, sector-wide approach to setting pay. HR will need to keep a close eye on developments, model the potential financial impact and prepare for greater pay transparency and collective bargaining influence.
And for businesses where tipping is relevant, the stricter allocation rules mean there’s no room for grey areas. Workers need to know what they’re getting, why, and that the process is fair. If your tipping processes aren’t already watertight, and you actively consult with your workforce about them then they soon need to be.
2027 and beyond: structural shifts in employment protection
The reforms scheduled for January 2027 are significant.
The unfair dismissal qualifying period reducing from two years to six months fundamentally changes how employers approach hiring, probation and early performance. The old safety net of the two-year threshold will be replaced by a much sharper focus on recruitment quality, structured onboarding and early documentation. With the removal of the compensation cap, getting dismissal decisions wrong, particularly for higher earners, carries far greater financial exposure than it ever has before.
Legislation will make it clear that dismissing someone and rehiring them on less favourable terms (known as fire and rehire) will, in most cases, constitute automatic unfair dismissal. Contractual change needs to happen through genuine consultation and credible alternatives, not as a last resort when negotiations break down.
The threshold that triggers collective redundancy consultation is also changing, moving from establishment level to organisation wide. For larger employers with multiple sites, this is a significant operational shift. A redundancy programme that previously fell below the threshold at individual site level may now trigger collective consultation obligations across the business. Workforce planning processes and legal oversight will need to reflect this.
Greater support and scrutiny
Mandatory gender pay gap and menopause action plans also arrive in 2027, but organisations that wait until then to start are already behind. Voluntary frameworks open in April 2026, giving HR teams a genuine window to test data quality, governance processes and internal communications before compliance becomes compulsory.
Stronger protections for pregnant workers and new mothers, and a new statutory right to bereavement leave, both reinforce the need for solid, well-documented people processes and more manager accountability.
Those relying on flexible workforce models will need a rethink when restrictions on zero-hours contracts kick in. That means reviewing contractual arrangements, modelling the cost of offering more predictable hours and working out where genuine operational flexibility ends and where precarious employment begins.
Finally, tighter regulation of umbrella companies will require greater scrutiny of contingent labour supply chains. Due diligence, contractual clarity and ongoing compliance monitoring will need to become standard practice for any organisation engaging temporary or agency workers.
Using the staggered timeline strategically
The phased rollout of the Act is helpful, but only if the time between each implementation date is used to get your house in order: audits, impact assessments, tightening documentation, building manager capability and embedding good practice before the pressure increases.
The organisations that come out of this in the best shape won’t be the ones that chose to ‘brace for impact’, doing the bare minimum to stay compliant, but those that used it as a reason to do things properly.
About the author
Beth Bearder is Director of Legal Services at Halborns, the employment law division of Empowering People Group. Beth is a highly experienced employment lawyer known for her straight-talking, solutions-focused and personable approach to legal and employee relations advice. Her advice is pragmatic and commercially savvy, supporting clients from SME to enterprise to navigate employment issues with confidence and clarity.
Beth’s role involves supporting and strengthening the legal division, mentoring and developing junior lawyers, and playing a key role in maintaining Halborns’ high service standards and unwavering client focus.
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