The Employment Rights Bill Implementation Roadmap
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What employers need to know, and how Magara Law is helping you prepare now.
Foreword: On the 8th of July 2025, the UK Government published its long-awaited Implementation Roadmap for the Employment Rights Bill, an extensive legal overhaul that aims to transform workplace protections across the country.
While headlines focused on zero-hour contracts and new unfair dismissal rights, the roadmap spans much more. From enhanced whistleblower protections to new enforcement bodies, this is not a single policy, it is a systemic change in how employers will be expected to manage, discipline, and support staff between now and 2027.
At Magara Law, we are already helping organisations future-proof their HR frameworks, staff training, and workplace policies to align with the incoming legislation. This guide explains what’s changing - and why starting now is essential if you want to avoid legal and reputational risks later.
Phase 1: Immediate changes | Royal assent – late 2025
Key reforms:
Repeal of the Strikes (Minimum Service Levels) Act 2023
Partial repeal of the Trade Union Act 2016
New legal protection from dismissal for lawful industrial action
Legal analysis
These repeals signal a strengthening of trade union protections, returning the UK closer to pre-2016 norms where lawful strike action enjoys firmer legal footing. The removal of minimum service levels could mean more disruptive industrial action, particularly in transport, education, and care sectors.
Employer impact
Employers will now have to:
Re-evaluate their industrial action response plans
Ensure disciplinary procedures don’t breach the new protection thresholds
Prepare HR teams for more complex strike-related grievances
How Magara Law is responding
We’re advising unionised employers on lawful vs. unlawful picketing boundaries
We are training HR leads on balancing operational needs with legal protection
Phase 2: Rights without service requirements | April 2026
Key reforms:
‘Day One’ paternity and unpaid parental leave
Enhanced whistleblower protections
Statutory Sick Pay (SSP) reforms:
Removal of the Lower Earnings Limit
Elimination of the 3-day waiting period
Creation of the Fair Work Agency
Simplified trade union recognition and digital/workplace balloting
Protective award cap for collective redundancies doubled from 90 days to 180 days
Dominic Woodhead, Paralegal at Magara Law, states: “The elimination of the 3-day waiting period is a good reform for employees. However, it may come with complications regarding attendance and ‘free days off’, where employees call in sick and are able to rely on SSP to substitute wages while gaining a free day off. Cultivating a culture where workers would want to be at work is key here.”
Legal analysis
The “Day One” rights shift the legal dynamic dramatically. Previously, employers relied on qualifying periods to filter obligations. But now:
SSP eligibility widens, impacting casual, agency, and part-time workers
Parental leave becomes immediate, disrupting long-established onboarding norms
Redundancy missteps could result in 6 months' pay per employee
Meanwhile, the Fair Work Agency will function similarly to ACAS or the EHRC - with monitoring, investigatory and advisory powers. It is likely to be especially active in sectors with high litigation or poor treatment records.
Its powers are expected to include the ability to monitor employer compliance, investigate allegations of non-compliance, and issue formal recommendations or guidance.
While it won’t have direct enforcement powers akin to tribunals, its assessments could inform regulatory scrutiny or highlight organisations that fall short of good practice. Employers in sectors with a history of workforce disputes or litigation - such as care, hospitality, and education - may see increased engagement from the Agency.
Employer impact
Contracts must reflect day-one leave entitlements
Absence management needs overhaul to absorb SSP cost spikes
Union engagement strategies must align with balloting modernisation
Collective redundancy procedures need iron-clad compliance to avoid devastating tribunal awards
How Magara Law is responding
Rewriting employment contracts to reflect statutory day-one rights
Auditing sickness and leave policies for SSP/parental compliance
Guiding clients through whistleblower escalation frameworks to avoid claims under new whistleblowing protections
Preparing employers for scrutiny by the Fair Work Agency with proactive legal audits
Phase 3: Proactive duties and structural pay change | October 2026
Key reforms:
Ban on fire-and-rehire practices
Legal duty to take “all reasonable steps” to prevent sexual harassment
Strengthened tipping laws
Expanded trade union rights
Fair Pay Agreement body launched for the adult social care sector
Legal analysis
These changes shift liability and burden of proof firmly onto employers. The sexual harassment prevention duty creates a standard where ignorance is no defence - unless you can demonstrate meaningful action to prevent it.
Similarly, fire-and-rehire is no longer a fallback: it will be legally constrained by new tests of necessity, consultation, and fairness.
The ban on fire-and-rehire removes a long-standing employer tactic where staff are dismissed and immediately re-engaged on less favourable terms following failed negotiations. While lawful in certain limited circumstances, this practice has often been criticised as exploitative.
Under the new law, employers will need to demonstrate that all reasonable alternatives were considered and that proper consultation took place. In short, contract variations must now be negotiated in good faith, with dismissal as an absolute last resort.
Abiola Craig, Legal Assistant at Magara Law, states: “The incoming legal duty to take ‘all reasonable steps’ to prevent sexual harassment is a positive step toward creating safer workplaces. It encourages employers to be proactive, rather than reactive, through meaningful training, thorough policies, clear reporting channels and preventive risk assessments.
This should help to foster greater employee protection and a clearer standard of accountability for businesses. However, the broad scope and vagueness of what constitutes ‘all reasonable steps’ may create uncertainty, especially for smaller employers with limited resources.
While the intent is commendable, careful guidance and enforcement will be crucial to ensure consistency and fairness in its application.”
Employer impact
Fire-and-rehire will require legal justification and alternatives explored in full
Managers must be trained on harassment prevention, not just reporting
Tip allocation policies in hospitality and care must meet new fairness standards
The care sector, under a new wage negotiation framework, must prepare for unionised pay bargaining
How Magara Law is responding
Delivering live manager training on harassment prevention and legal risk
Drafting anti-harassment policies that meet the ‘reasonable steps’ duty
Creating fire-and-rehire guidance protocols for leadership teams
Advising care sector employers on collective negotiation readiness
Phase 4: Universal protections and culture change | 2027
Key reforms:
Mandatory gender pay gap and menopause action plans
Bereavement leave becomes statutory
Regulation of umbrella companies
Introduction of Day One unfair dismissal rights, which gives greater protections to seasonal workers and students who are unlikely to be in a position for 2 years).
New protections against zero-hour contract abuse
Legal analysis
This phase brings the most philosophical change. “Day One” unfair dismissal rights challenge the very foundation of the 2-year service rule. It means probation periods will no longer offer immunity against legal claims - only valid, well-documented reason and procedure will.
Similarly, the introduction of menopause and gender pay gap action plans will require large employers to move beyond DEI slogans into documented, measurable strategy - or face enforcement.
Shahrzad Seifi, Employment Solicitor at Magara Law, states: “This is indeed a step in the right direction, but it is important to recognise that it doesn’t go far enough in truly protecting and supporting female employees.
Without transparency and compassion these reforms risk becoming a box-ticking exercise rather than creating truly supportive environments. Proactive leadership and workplace culture change, centred around empathy, inclusion and equity can do more to support women than policies alone ever could.”
Employer impact
Probationary dismissals must now be legally procedural and documented
Gender/menopause data must be collected, reported, and acted upon
Pregnant staff must be protected during entire employment lifecycle
Zero-hour contracts may require minimum-hour guarantees or conversion pathways
How Magara Law is responding
Training employers on Day One dismissal process compliance
Designing menopause & gender equity frameworks for large employers
Conducting pregnancy protection audits covering risk assessment and dismissal practices
Helping businesses shift zero-hour staff into compliant working models
Our Position: From compliance to culture
These changes don’t just demand legal updates. They demand a shift in how employers think.
From: Minimum legal thresholds
To: Proactive fairness, documentation, and protection
From our perspective as employment lawyers, rooted in principles of dignity, justice, and fairness, these changes - while operationally challenging - create a healthier legal and workplace culture.
That’s why Magara Law is not merely reactive. We are leading this change with our clients.
Closing thoughts: Preparing for a legal future that is already here
This roadmap gives you time. But time will not help if you delay. By the time 2027 arrives, regulators, claimants, and unions will expect that you have done the work. If you haven’t - reputational, financial, and legal risks will be real.
We are helping clients across the UK:
Audit risks
Update documents
Train managers
Prepare for cultural and legislative transformation
Roy Magara, Solicitor Advocate at Magara Law, stated: “The Employment Rights Bill is not just a compliance exercise. It’s a real opportunity for organisations to cultivate workplaces built on fairness, trust and resilience.
These changes – while challenging – ultimately pave the way for stronger and more productive organisations. The future of work is already here, and proactive preparation is no longer just prudent, but essential.”
Want to talk?
If you are responsible for managing people and want clarity on how these changes could affect your organisation, we are available to help.
Magara Law provides ongoing legal support to employers through our employment law retainers — giving you direct access to advice when you need it.
Book a discovery call with our team to discuss how we can support you with the upcoming legal changes.
