Employment Rights Bill implementation timetable: What Parliamentary delays mean for HR

Author: Stephen Simpson

The progress of the Employment Rights Bill through Parliament has stalled, as it continues to flit between the House of Lords and the House of Commons before it receives Royal Assent and becomes an Act of Parliament. What happens next, what are the potential implications for HR of any Parliamentary delays, and what is Brightmine doing to support HR professionals to prepare for implementation?

Parliamentary "ping-pong" delays Royal Assent

More than a year since it was first introduced in Parliament, the Employment Rights Bill has still not completed its 12th and final parliamentary stage: Royal Assent. This is where the Bill finally becomes an Act of Parliament.

A year is an unusually long time for a Bill to become an Act of Parliament, reflecting the scope and complexity - and the controversial nature - of elements of the legislation.

The penultimate "consideration of amendments" stage has been particularly tortuous, as the Bill has entered what is known as Parliamentary "ping-pong".

"Ping-pong" is the process whereby a Bill goes back and forth between the House of Lords and the House of Commons, to iron out any remaining points of disagreement between the Houses.

What are the sticking points?

On 17 November 2025, the Employment Rights Bill was back in the House of Lords during the "consideration of amendments" stage. The House of Lords rejected key elements of the Bill, which must now go back to the House of Commons as Parliamentary ping-pong continues.

The scrapping of the qualifying period for unfair dismissal, introduction of the right to guaranteed hours for zero and low hours workers, and removal of the 50% turnout threshold for industrial action ballots have proven to be the three most divisive issues during the ping-pong between the House of Lords and the House of Commons.

Removal of qualifying period for unfair dismissal

The Government proposed the removal of the two-year qualifying service period for claiming unfair dismissal and the introduction of an "initial period of employment" (often referred to as the "statutory probation period").

During this initial period of employment, there would be "a lighter-touch process for employers to follow to dismiss an employee who is not right for the job".

In other words, protection against unfair dismissal would become a day-one right but employers would be allowed to follow a less onerous procedure to dismiss an employee during this statutory probation period.

However, the House of Lords' counter-proposal was a reduction in the qualifying service period to claim unfair dismissal from two years to six months.

(According to Brightmine's Probationary period research 2025, most employers - six in 10 - use a six-month probationary period.)

Introduction of right to guaranteed hours for zero and low hours workers

The Government proposed that workers on zero hours contracts, or contracts providing for a low number of guaranteed hours, be given the right to receive an offer to move to a guaranteed hours contract that reflects the hours they have regularly worked over a particular reference period.

However, the House of Lords' counter-proposal was that, instead of being required to offer guaranteed hours after the reference period, employers would have to notify workers of their right to receive that offer.

Under the House of Lords proposal:

• if the worker does not respond or asks for the offer to be made, only then would the employer have to make the offer of guaranteed hours; and
• the worker could ask at any time not to receive any future notices.

Removal of 50% turnout threshold for industrial action ballots

Among the raft of reforms to industrial relations law, the Government proposed the removal of the 50% turnout threshold of union members for industrial action ballots to be valid.

However, the House of Lords' counter-proposal was that this 50% turnout threshold for industrial action would be maintained.

What happens next?

House of Lords continues to frustrate House of Commons

Although it is rare, it is possible for the House of Lords to continue to reject elements of a Bill, leading to a stalemate. Normally, both the House of Lords and the House of Commons must agree on the wording before a Bill can receive Royal Assent and become an Act of Parliament.

There is a convention that the House of Lords will eventually yield to the House of Commons, since the Commons represents the democratically elected Government. The Government could compromise and agree to the Lords' suggested amendments, although this seems unlikely because the Employment Rights Bill is a flagship piece of legislation and the removal of the qualifying period for unfair dismissal was a manifesto pledge.

There is an infrequently invoked mechanism in the Parliament Act 1911 that would allow the House of Commons to pass the Bill despite the Lords' objections. However, invoking the Parliament Act 1911 would further delay the progress of the legislation.

Government consultations well underway

It is estimated that the Employment Rights Bill will introduce more than 30 major employment law changes.

Even after the Bill receives Royal Assent, many of these measures will need public consultation followed by secondary legislation to flesh out the details.

The Government has previously consulted on proposals to:

• strengthen statutory sick pay;
• strengthen remedies against abuse of rules on collective redundancy and fire and rehire;
• apply the zero and low hours workers measures to agency workers; and
• create a modern framework for industrial relations.

These four consultations opened on 21 October 2024 and closed in early December 2024.

On 23 October 2025, the Government opened four consultations covering proposals for:

• a new right of union access to the workplace (closes on 18 December 2025);
• a new duty to inform workers of their right to join a trade union (closes on 18 December 2025);
• enhanced dismissal protections for pregnant women and new mothers (closes on 15 January 2026); and
• the introduction of statutory bereavement leave, including for pregnancy loss (closes on 15 January 2026).

Timetable for implementation of individual measures

Since the latest ping-pong stage (on 17 November 2025), the Government has not updated its roadmap timetable (originally published on 1 July 2025), which set out its approach to the implementation of individual measures in the Bill.

In the roadmap, the Government stated that the changes will take effect in phases, with common commencement dates of 6 April and 1 October. This means that the major changes are still expected to take effect on 6 April 2026.

While the Government appears to want to stick to its original timetable, time is running out in 2025 for the Employment Rights Bill to receive Royal Assent. Parliament is in recess after 18 December 2025 and does not return until 5 January 2026.

The Government roadmap sets out the following implementation schedule - more details on each of the proposals are available in Brightmine HR & Compliance Centre's own legal timetable.

In force at Royal Assent or soon after

• Repeal of Strikes (Minimum Service Levels) Act 2023
• Changes to rules on industrial action ballots

Taking effect in April 2026

• Changes to entitlement to statutory paternity leave and ordinary parental leave to make them day-one employment rights
• Simplification of trade union recognition process
• Establishment of Fair Work Agency, a single enforcement body for employment rights
• Removal of requirement to earn at or above the lower earnings limit and three-day waiting period to qualify for statutory sick pay
• Addition of sexual harassment to list of types of disclosure that qualify for whistleblowing protection
• Doubling of protective award for collective redundancy consultation failures

Taking effect in October 2026

• Making "fire and rehire" dismissals automatically unfair in most circumstances
• Reintroduction of employer liability for third-party harassment and addition of word "all" before "reasonable steps" in respect of positive duty for employers to prevent sexual harassment
• Requirement to consult employee representatives on allocation of tips policies
• Extension of time limits for bringing employment tribunal claims to six months
• New right of trade union access to workplace and requirement to provide workers with written statement that they have right to join trade union

Taking effect in 2027

• Introduction of requirement for employers with 250+ employees to publish gender pay gap and menopause action plan alongside their gender pay gap figures
• Extension of unfair dismissal protection to all employees from day one in job and accompanying introduction of statutory probationary period
• Procedural reforms to right to request flexible working
• Provision for zero and low hours workers to be given right to guaranteed number of hours and reasonable notice of cancellation of, or change to, shift
• Increased protection from dismissal for pregnant employees and those on or returning from family-related leave
• Widening of statutory bereavement leave beyond death of child, including pregnancy loss, to provide employees with time off to grieve for loss of loved ones
• Reforms to triggers for collective redundancy consultation obligations

Employment Rights Bill: How Brightmine is helping HR to prepare

(1) Horizon scanning for employment law changes

• We are constantly monitoring what is happening with upcoming legal changes and translating what is happening into practical steps that you can take to prepare.
• We are keeping track of the multiple government consultations and potentially dozens of pieces of secondary legislation that will be needed to flesh out the provisions of the Employment Rights Bill.
• After the Employment Rights Bill's provisions have been introduced, they will have an impact on case law rulings for decades to come. We also monitor, and report on, developments from court and tribunal judgments.

(2) HR policy updates

• Our HR templates are consistently our most popular resources used by HR professionals, including our suite of 150 model policies and over 500 accompanying model HR letters and forms.
• As we get more details of how the changes will work, we will set out clearly any changes you need to make to your policies and other documentation, and indeed any new policies that you will need to introduce from scratch.
• For example, you are going to have to review and update your organisation's policies and processes on:
• onboarding;
• probation;
• flexible working requests;
• bereavement leave;
• paternity leave;
• ordinary parental leave;
• sickness absence;
• bullying and harassment;
• varying terms and conditions of employment; and
• redundancy.

(3) Implementation of HR policies and procedures

• We are always acutely aware that your organisation can have a perfectly worded and up-to-date policy, but that it is worthless if it is not implemented properly. That is why we will have additional practical guidance on how your organisation can actually put any changes to employment law into practice.
• In particular, we recognise the key role that line managers play on the ground, which is why we accompany our new and updated HR policies with up-to-date line manager briefings that you can use to train managers.
• We also provide detailed "how to" guides to help HR professionals with implementation, as well as leading practice guides, which focus more on HR strategy.

(4) Day-to-day queries and firefighting

• Once the dust has settled on the changes, our reference materials are ideal for HR professionals who need to check on something from a legal standpoint.
• For example, it could be how to deal with a specific situation in the new post-Employment Rights Bill world, or it could be checking what someone's rights are under the new legal landscape.
• We have several hundred detailed employment law guides and 100s of FAQs to answer all your legal questions.

(5) Research/surveys of employers

• We recognise the increasing importance that data plays in HR's decision-making. That is why we are running surveys relevant to the Employment Rights Act 2025, to help your organisation to:
• chart progress towards implementation of the Bill;
• compare what your organisation is doing to prepare against what other employers are doing; and
• plan which changes to prioritise and budget for.
• For example, we have already surveyed hundreds of HR professionals about their overall views on how the legislation will affect their organisation and how employers are preparing to review their probationary policies because of the forthcoming strengthening of day-one unfair dismissal rights.
• We are currently surveying employers about the potential impact of the first raft of changes due to take effect in April 2026. The results of our survey will be available in mid-December 2025.