The Employment Rights Bill, promised in the Labour government’s manifesto, has quickly become one of the most discussed developments in UK employment law. Framed as a generational change, it proposes a wide-reaching overhaul of employment rights in response to long-standing demands for greater security and clarity in the employment relationship, especially for those in precarious, low-paid, or gig-economy work. There has been a steady increase in the number of people engaged in less secure forms of employment in recent years, with over one million workers currently on zero hours contracts. The Bill aims to provide security and predictability for these individuals.
Scope of the Proposed Changes
The Bill proposes significant changes across multiple areas, including unfair dismissal, fire and rehire practices, collective redundancies, zero and low hours contracts, trade union rights and industrial action, sexual and third-party harassment, statutory sick pay (‘SSP’), flexible working, and family leave entitlements. Most of the bill will apply to England, Scotland and Wales, but not Northern Ireland where employment law is devolved.
Day-One Rights
Currently, many statutory rights such as protection against unfair dismissal and access to some types of parental leave are not available immediately from the first day of employment. The Bill proposes to remove any qualifying period and make these rights accessible from day one of employment. For SSP, the Bill also removes the lower earnings limit as a condition for eligibility, thereby widening access to this support.
Stability for Zero Hour Contract Workers
Zero hours contracts, while offering flexibility, have also attracted criticism for denying workers predictability in both hours and income. Under the Bill’s proposals, workers on irregular schedules would gain the right to request more stable working patterns after a qualifying period. The intention is also to extend the right to request regular hours contracts rules to agency workers. This seeks to rebalance flexibility with a degree of control and stability for workers without outlawing these arrangements entirely, which had previously been suggested.
Longer Window for Tribunal Claims
Another significant change is the proposal to extend the time limit for bringing employment tribunal claims from three to six months. This change would give employees a longer window to assess their situation, seek advice, and prepare a claim. However, employers should be mindful that employees will have double the time they previously had to bring tribunal claims and should prepare accordingly.
Strengthened Protections Against Workplace Harassment
The Bill also tightens employers’ responsibilities in tackling workplace harassment. It introduces a duty to take all reasonable steps to prevent sexual harassment, instead of the current ‘reasonable steps’ obligation and extends employer liability for third party harassment to all protected characteristics such as race, religion, and disability.
Concerns from Employers and Practical Challenges
Despite strong support from trade unions and employment rights groups, some business organisations have expressed concern about such a broad and deep extension of employment protection. Smaller employers in particular have raised anxieties over the pace of change and the administrative burden along with the potential for increased litigation. Others point to the risk that the reforms, however well-intentioned, may not deliver in practice if not backed by proper enforcement and advice infrastructure. The existing strain on the employment tribunal system also remains a major concern, as new rights can only be effective if individuals are able to enforce them in a reasonable timeframe.
Looking Ahead and How Can Broadfield Help?
Despite challenges ahead, the Employment Rights Bill marks a significant shift in employment law. It is likely to pass, given the political backing it has received and the fact that the UK government has recently announced that the changes will be phased in gradually from April 2026. Significant changes, including the day one right to protection from unfair dismissal and the measures relating to zero hours contracts, are not expected to come into force until 2027.
Broadfield is ideally placed to help organisations of all sizes navigate the increased regulatory environment that the Employment Rights Bill will introduce and we would welcome the opportunity to discuss the implications of the Bill with you in greater detail.
