Labour marketUnited Kingdom
Employment Rights Act 2025
The Act of 18 December 2025 (chapter 36), introduced in October 2024 as the Employment Rights Bill, overhauls UK employment law: day-one paternity and parental leave, statutory sick pay from the first day of sickness, a qualifying period for unfair dismissal cut from two years to six months, restrictions on « fire and rehire », a right to guaranteed hours for zero-hours workers, the repeal of most of the Trade Union Act 2016 and a new Fair Work Agency. It comes into force in stages from December 2025 to 2027.
Updated: November 5, 2026Next milestone: January 1, 2027 — Unfair dismissal: six-month qualifying period and uncapped compensatory award
At a glance
Reference text
Employment Rights Act 2025 (c. 36)[1]
No. 2025 c. 36 · December 18, 2025
Read the text ↗Carried by
- Angela Rayner[24]Deputy Prime Minister — presented the bill in October 2024 · 2024 · Initiator
- Jonathan Reynolds[24]Secretary of State for Business and Trade at the bill’s introduction · 2024 · Initiator
- Peter Kyle[26]Secretary of State for Business and Trade at Royal Assent · 2025 · Amendment
- Kate Dearden[26][21]Minister for Employment Rights — commencement regulations · 2025-2026 · Implementation
Implementation
- Department for Business and Trade
- Fair Work Agency
- Employers and employment tribunals
Status
In forcesince February 18, 2026[18][23][21]
Partly in force, in stages: the trade union measures applied two months after Royal Assent, followed by sick pay, day-one leave and the Fair Work Agency in April 2026; unfair dismissal (January 2027), fire and rehire (planned for March 2027) and zero-hours contracts (date not set) are still to come.
Stated objective
Tackle insecurity at work and stagnant living standards: a baseline of security and predictability for insecure workers, protections from day one of employment, help balancing work and caring responsibilities, a higher floor of protections so that good employers are not undercut, better industrial relations through trade unions, and a single, stronger enforcement of employment rights — while keeping barriers to business growth low.[29][24]
According to the Department for Business and Trade (economic analysis and summary impact assessment, January 2026)
Effect on GDP
0.04%
once fully implemented · according to the Department for Business and Trade (January 2026 economic analysis)[29]
« Small, positive direct impact on economic growth », estimated increase in the level of GDP.
Direct cost to business, share of total employment costs
0.1%
per year, once fully implemented · according to the Department for Business and Trade (January 2026 economic analysis)[29]
Central estimate of about £1 billion a year (equivalent annual net direct cost to business), « no more than » 0.1% of employment costs; the October 2024 assessment gave a range of £0.9-5 billion.
Main measures
- Unfair dismissal: the qualifying period falls from two years to six months, the cap on the compensatory award is removed, and the period can no longer be changed by regulations (from 1 January 2027).[10][21]
- Zero-hours and low-hours contracts: a duty to offer guaranteed hours reflecting the hours regularly worked over a reference period, reasonable notice of shifts and payment for shifts cancelled, moved or curtailed at short notice; also applied to agency workers. Start date to be set after consultation.[2][1][23]
- « Fire and rehire »: dismissing an employee for refusing a « restricted variation » of contract (pay, pensions, hours, shift timing, leave), or to re-engage them or another person on such varied terms, becomes automatically unfair — unless the employer shows the change was needed to address financial difficulties threatening its ability to carry on as a going concern and could not reasonably be avoided.[12]
- Statutory sick pay is due from the first day of sickness (no more waiting days) and for all employees regardless of earnings, at the lower of £118.75 a week or 80% of normal weekly earnings (since 6 April 2026).[4][5][20]
- Leave: paternity leave and unpaid parental leave from day one of employment (since 6 April 2026); a new right to bereavement leave, including for pregnancy loss; flexible working requests can only be refused on listed grounds and where refusal is reasonable.[6][7][8][3][23]
- Trade unions: repeal of the minimum service levels law and of most of the Trade Union Act 2016 (40% support threshold in strike ballots, notices, political funds), electronic and workplace balloting, a right of access to workplaces and a simpler recognition procedure. Removing the 50% turnout threshold requires a prior ministerial statement on the effect of e-balloting.[13][14][15][18][23]
- Fair Work Agency: a single state enforcement body (holiday pay, minimum wage, employment agencies, labour exploitation) with powers to issue notices of underpayment, impose penalties and bring tribunal claims; the Gangmasters and Labour Abuse Authority and the Director of Labour Market Enforcement are abolished.[1][16][28][24]
- Other measures: employers must take « all reasonable steps » to prevent sexual harassment, including by third parties; protections against dismissal for pregnant women and new mothers; equality action plans; time limit for tribunal claims raised from three to six months.[9][11][17][1]
In data
Employment rate (15-64)
75.1%
Q2 2026
Job vacancy rate
2.2%
Q2 2026
Key figures
Unemployment rate (ILO)
4.9%
Q2 2026
Workers on zero-hours contracts
1,000,000
at Royal Assent (December 2025) · Observed
according to the government (« over 1 million »)[26]
Low-paid employees gaining access to statutory sick pay
1,300,000
from April 2026 · Announced
according to the government (« up to 1.3 million »)[26]
Timeline
- Under debate
Employment Rights Bill introduced in Parliament[24]
Bill unveiled: unfair dismissal protection planned « from day one »[24]
The government presents 28 individual reforms. In its initial version the bill removes the two-year qualifying period for unfair dismissal claims, alongside a consultation on a statutory probation period for new hires.
Regulatory Policy Committee rates the impact assessment « not fit for purpose »[30][31]
The independent regulatory scrutiny body gives a « red » rating: eight of the 23 individual impact assessments are not fit for purpose, six of them among the highest-impact measures (including day-one unfair dismissal rights).
Compromise on unfair dismissal: six-month qualifying period[25]
After talks convened by the government between trade unions and business representatives, the day-one right is replaced by a reduction of the qualifying period from 24 to 6 months, with the compensation cap lifted, so that the bill can receive Royal Assent on schedule.
- In force
First wave of provisions in force[18][23][21]
Partly in force, in stages: the trade union measures applied two months after Royal Assent, followed by sick pay, day-one leave and the Fair Work Agency in April 2026; unfair dismissal (January 2027), fire and rehire (planned for March 2027) and zero-hours contracts (date not set) are still to come.
Regulations set 1 January 2027 for the new unfair dismissal rules[21]
OBR: likely negative impact on the economy, below its adjustment threshold[33]
In its October 2026 Economic and fiscal outlook, the Office for Budget Responsibility assesses the Act for the first time. It judges that it will likely weigh on potential output, through uncertainty, lost flexibility and higher labour costs for businesses, but finds no clear evidence that the effect exceeds its 0.1% threshold, so it makes no explicit adjustment to its forecast.
- Upcoming — the outcome is not known
Fire and rehire protections (planned)[23]
Government timetable, subject to parliamentary procedures; no commencement regulations had been made as of 5 November 2026.
- Upcoming — the outcome is not known
Bereavement leave, including pregnancy loss, and mandatory equality action plans (planned)[23]
Government timetable: also the organisation-wide threshold for collective redundancy consultation and wider blacklisting protections.
The debate
Citoyen takes no position: arguments are reported as their authors put them.
According to its supporters
- The government says over 15 million workers will benefit, including those on the lowest pay and in the most insecure jobs, and that happier, healthier workers are more productive and stay longer in their jobs.[26]
- The TUC calls it « the biggest upgrade in workers’ rights in a generation », bringing the UK closer to its European counterparts, and asks for « watertight secondary legislation » to deliver the rights fully and quickly.[27]
- The Department for Business and Trade expects a modest direct cost (about 0.1% of employment costs, mostly a transfer to workers), a slightly positive effect on employment (around 0.1%) and on GDP (0.04%), and judges the risks to hiring to be relatively low.[29]
According to its opponents
- The Office for Budget Responsibility judged in March 2025 that such employment regulation would « likely have material, and probably net negative » effects on employment, prices and productivity; in October 2026 it concluded that the Act will likely weigh on the economy, through uncertainty, lost flexibility and higher labour costs, although the effect is below its 0.1% threshold.[32][33]
- The Regulatory Policy Committee rated the bill’s impact assessment « not fit for purpose » in November 2024, citing weak evidence for intervention, few alternative options considered and an inadequate assessment of impacts on small businesses; it has not scrutinised the January 2026 update.[30][31]
- The Federation of Small Businesses said « the fear of being sued from Day 1 was the greatest concern about the legislation », which led it to negotiate the six-month qualifying period, and wants the remaining issues addressed in secondary legislation.[27]
- The government’s own analysis acknowledges that costs will be proportionately higher for small and micro businesses and could be more significant, at least in the short run, for businesses relying on flexible contracts or low-paid employment.[29]
Indicators to watch
- Unemployment rate · ONSSee the card →
- Employment rate · ONSSee the card →
- Job vacancy rate · ONSSee the card →
- People on zero-hours contracts · ONSno Citoyen card yet
- Minimum wage relative to median earnings · ONS / Low Pay Commissionno Citoyen card yet
- Gender pay gap · ONSno Citoyen card yet
- Working days lost to strikes · ONSno Citoyen card yet
Sources
- [1]Employment Rights Act 2025 (c. 36) — as enacted — legislation.gov.uk (The National Archives), December 18, 2025
- [2]Employment Rights Act 2025, section 1 — Right to guaranteed hours — legislation.gov.uk, December 18, 2025
- [3]Employment Rights Act 2025, section 9 — Right to request flexible working — legislation.gov.uk, December 18, 2025
- [4]Employment Rights Act 2025, section 10 — Statutory sick pay in Great Britain: removal of waiting period — legislation.gov.uk, December 18, 2025
- [5]Employment Rights Act 2025, section 11 — Statutory sick pay in Great Britain: lower earnings limit etc — legislation.gov.uk, December 18, 2025
- [6]Employment Rights Act 2025, section 15 — Parental leave: removal of qualifying period of employment — legislation.gov.uk, December 18, 2025
- [7]Employment Rights Act 2025, section 16 — Paternity leave: removal of qualifying period of employment — legislation.gov.uk, December 18, 2025
- [8]Employment Rights Act 2025, section 18 — Bereavement leave — legislation.gov.uk, December 18, 2025
- [9]Employment Rights Act 2025, section 20 — Employers to take all reasonable steps to prevent sexual harassment — legislation.gov.uk, December 18, 2025
- [10]Employment Rights Act 2025, section 25 — Right not to be unfairly dismissed: qualifying period and compensation — legislation.gov.uk, December 18, 2025
- [11]Employment Rights Act 2025, section 26 — Dismissal during pregnancy — legislation.gov.uk, December 18, 2025
- [12]Employment Rights Act 2025, section 28 — Dismissal for failing to agree to variation of contract, etc — legislation.gov.uk, December 18, 2025
- [13]Employment Rights Act 2025, section 68 — Industrial action ballots: turnout threshold — legislation.gov.uk, December 18, 2025
- [14]Employment Rights Act 2025, section 69 — Industrial action ballots: support thresholds — legislation.gov.uk, December 18, 2025
- [15]Employment Rights Act 2025, section 78 — Repeal of provision about minimum service levels — legislation.gov.uk, December 18, 2025
- [16]Employment Rights Act 2025, section 148 — Abolition of existing enforcement authorities — legislation.gov.uk, December 18, 2025
- [17]Employment Rights Act 2025, section 152 — Increase in time limits for making claims — legislation.gov.uk, December 18, 2025
- [18]Employment Rights Act 2025, section 159 — Commencement — legislation.gov.uk, December 18, 2025
- [19]The Employment Rights Act 2025 (Commencement No. 2 and Transitional and Saving Provisions) (Amendment) Regulations 2026 (S.I. 2026/323) — legislation.gov.uk, March 16, 2026
- [20]The Employment Rights Act 2025 (Commencement No. 3 and Transitional Provisions) Regulations 2026 (S.I. 2026/373) — legislation.gov.uk, March 25, 2026
- [21]The Employment Rights Act 2025 (Commencement No. 4 and Transitional and Saving Provisions) Regulations 2026 (S.I. 2026/559) — legislation.gov.uk, May 26, 2026
- [22]The Employment Rights Act 2025 (Commencement No. 6 and Transitional and Saving Provisions) Regulations 2026 (S.I. 2026/1065) — legislation.gov.uk, October 1, 2026
- [23]Plan to Make Work Pay and Employment Rights Act: timeline update — Department for Business and Trade (GOV.UK), November 5, 2026
- [24]Government unveils significant reforms to employment rights — Department for Business and Trade (GOV.UK), October 10, 2024
- [25]An update on the Employment Rights Bill — Department for Business and Trade (GOV.UK), November 27, 2025
- [26]New laws bring the world of work into the 21st century — Department for Business and Trade (GOV.UK), December 18, 2025
- [27]Businesses, unions and civil society leaders welcome Royal Assent of Employment Rights Act — Department for Business and Trade (GOV.UK), December 18, 2025
- [28]Fair Work Agency Advisory Board appointed ahead of April launch — Department for Business and Trade (GOV.UK), March 24, 2026
- [29]Employment Rights Act 2025: economic analysis (and enactment summary impact assessment) — Department for Business and Trade, January 2026
- [30]RPC opinion: Employment Rights Bill (RPC-DBT-24003-IA(1)) — Regulatory Policy Committee, November 21, 2024
- [31]RPC opinion: Employment Rights Bill impact assessment — Regulatory Policy Committee (GOV.UK), November 25, 2024
- [32]Economic and fiscal outlook – March 2025 — Office for Budget Responsibility, March 26, 2025
- [33]Economic and fiscal outlook – October 2026 — Office for Budget Responsibility, October 28, 2026