Employment Rights Act 2025: Reps' toolkit

Stronger unions

What's changing?

What's changing?

The ERA paves the way for a stronger union presence at work by giving unions new rights to access workplaces, a simpler recognition process, easier ways to ballot members, and a new duty on employers to inform workers about their right to join a union. Reps and activists will also have greater protection from being blacklisted or penalised for standing up for what they believe in.

Union access

1. Union access

From October 2026, the Act creates a right for unions to access workplaces and talk to workers in person and online. 

Before and after: union access

Before

• Unions often struggle to get basic access to staff,  especially in greenfield sites where there's no existing recognition agreement.
• Union access to organise workplaces often relies on the employer's goodwill and can be blocked.

After

From October, 2026:

• Unions gain a legal right to access workplaces – in person and online – to meet, recruit, support and organise workers, facilitate collective bargaining, and share information digitally.  
• Following a written request from a union, employers with at least 21 workers must respond within 15 days to a union request for access, followed by a negotiation period of 25 days.  
• In social care and employers of school support staff, unions have the right to access at employers with under 21 employees. The exemption for small employers doesn't apply.
• If the union(s) and employer can't agree on access arrangements, the union can apply to the Central Arbitration Committee (CAC), which can impose access terms.
• The CAC will generally agree to requests for weekly access, and access agreements can last for up to two years. 
• The CAC is also responsible for enforcement and can fine employers who obstruct or delay access.

Expected impact

What impact will the union access rights have?

• Unions will find it easier to meet workers on site, share information digitally, recruit members, and support them. 
• It will be much harder for bad employers to shut unions out or use endless delays to deter them.
• More workers will hear directly from unions about their rights and how joining the union can help them win better pay and conditions.

Actions for reps

Here's how you can use the stronger access rights to build the union presence in your workplace.

1. Map your workplace

• Map your workplace and identify where access is difficult – for example, specific sites, shifts, or groups of workers.
• Plan how you'll reach workers in the hard-to-reach areas.

2. Use the access rights

• Work with your union to plan how you'll use the access rights.
• Work out what combination of site visits, team briefings, and online communications will be most effective.

3. Keep records and share details

• Collect evidence of any occasions when your employer tries to hinder access, for example by refusing room bookings, visits, or online meetings.
• Share details with your union if any groups of workers still aren’t hearing about the union when they join.

Download union access rights checklist

Union access rights checklist

Checklist: Union access, duty to inform, and supporting reps

Download checklist in PDF format.

Easier recognition

2. Easier recognition

From April 2026, it's easier for unions to win statutory recognition where employers refuse to agree voluntarily.

Before and after: Recognition

Before

• To make a claim for statutory recognition, unions must demonstrate that a majority of workers in the bargaining unit are likely to support recognition. 
• Unions must win support from 40 per cent of the bargaining unit to win a recognition ballot. A simple majority is not enough. 
• A voluntary recognition agreement with a non‑independent union can block a recognition claim by an independent union, even if that independent union’s claim has already been submitted to the employer and the CAC.

After

• Unions no longer have to demonstrate that a majority are likely to support to submit statutory recognition request. 
• When recognition is decided by ballot, unions win recognition if a majority of those voting support it – there’s no longer an extra turnout threshold on top of the majority.  
• Once an independent union has submitted a recognition request to an employer and the CAC, a later voluntary recognition agreement with a non‑independent union cannot block the independent union’s recognition request going ahead.

Expected impact

What impact will the easier recognition process have?

Unions will have a more straightforward path to statutory recognition where employers refuse to agree voluntarily, making it easier to extend union recognition and collective bargaining coverage.

Actions for reps

Here's how you can make the most of the simpler recognition process in your workplace. 

1. Map your organisation

• Map parts of your organisation where there is already a strong case for recognition, for example high membership levels or clear union support. 
• Use mapping to track workplace issues in non recognised sites that collective bargaining could help fix.
• Identify areas that have undergone restructuring or outsourcing and may offer scope for a new recognition agreement.

2. Build support

• Make sure members understand the benefits of union recognition and what it would mean in practice for their workplace.

3. Look for growth opportunities

• If the union isn't recognised in your workplace, discuss with your union whether the new rules make a statutory recognition claim more viable.
• Review any existing bargaining units with employers to ensure they still reflect the current workforce and its make up. 
• Assess the scope for any new recognition claims. 

Download recognition checklist

Recognition checklist

Checklist: Easier recognition

Download checklist in PDF format.

Modern balloting

3. Modern balloting

From August 2026, the law begins to allow electronic and workplace balloting alongside postal votes, with detailed rules phased in through 2026–27.

Before and after: Modern balloting

Before

• Union ballots (including for industrial action) generally have to be conducted by post – often discouraging a high turnout and making it harder to reach fragmented workforces.

After

• The Act enables electronic and workplace balloting (where appropriate), giving unions more flexible ways to run secure ballots.
•  Detailed regulations are phased in from 2026–27.

Expected impact

What impact will the balloting changes have?

Modernised balloting should help boost turnout, especially for workers with limited postal access or constantly changing shifts.

And allowing secure electronic and workplace voting means members can have their say using the same modern methods people already use in political parties and big companies.

Actions for reps

Here's how you can make the most of the modern balloting rules.

1. Prepare for new balloting arrangements

• Help your union keep membership and contact details up to date so members can receive electronic ballot links or workplace voting information when these options go live.
• Explain to members how electronic and workplace ballots will work, so they feel confident taking part when the time comes.

Download balloting checklist

Modern balloting checklist

Checklist: Modern balloting

Download checklist in PDF format.

Duty to inform workers

4. Duty to inform workers

From October 2026, the Act introduces a duty on employers to tell workers about any recognised unions in their workplace and about their right to join a trade union.

Before and after: informing workers

Before

• Many workers start jobs without being told of unions active in their workplace or that they have a right to join one.
• One in five workers have either not heard of unions or don't know what they do. This rises to one in three for young workers. 

After

From October, 2026:

• Employers have a legal duty to inform workers about their right to join a trade union and about any recognised unions in the workplace.
• The information must be included in a statement with the form and content set out by government – so it follows a standard format and isn't just what employers choose to write.
• Employers must include the statement with other documents when workers start their employment. For existing staff, they must either recirculate it annually or make the information permanently available.

Expected impact

What impact will the duty to inform workers have?

More workers will know they have a right to join a union as the information will sit up front alongside contracts and other key documents they're given when they start work.

It will be harder for bad employers to try and hide the existence of unions. This should make it easier to build strong membership and raise issues collectively instead of workers facing problems alone.

This could have a particular impact in low‑paid, insecure, and outsourced jobs where people are often never told about their rights.

Actions for reps

Here's how you can use the duty to inform to build the union in your workplace.

1. Check for updates and compliance

• Ask your employer if they're aware of the new requirement and what changes they're making to meet it.
• Check the government website for updates on the format and content of the 'right to join a union' statement employers must give to their workers.
• Check that the wording of your employer’s ‘right to join a union’ statement follows requirements and includes the correct information about recognised unions.
• Encourage your employer to recirculate the statement to existing staff at regular intervals and make the information permanently available (e.g. on the intranet and notice boards – not one or the other).
• Check if new starters are getting the ‘right to join a union’ statement with their contracts and other paperwork, and that it's reissued to other staff regularly and/or made permanently available to them in line with the requirements.  
• If any groups of workers can't access the information, flag it with your union.

2. Make the most of the duty to inform

Other than listing recognised unions, the employer statement won’t include information about local reps or information on how to join the union. These actions will help raise awareness of the union.  

• Make sure that alongside the employer statement, additional information about joining the union is easily visible in induction materials, staff handbooks, and intranet pages, and that contact details for local reps are easy to find.
• Encourage your employer to circulate this information alongside the employer statement and to include it in any intranet pages or notice boards.
• Ask to be involved in any induction or welcome sessions so you can explain about the union in person.
• Ask new starters if they've seen the information and have any questions about the union.
• If your employer is circulating the statement annually to existing staff, use this to organise a recruitment drive and hold events to tell workers more about the union.

Download duty to inform checklist

Duty to inform checklist

Checklist: Duty to inform

Download checklist in PDF format.

Supporting reps

5. Stronger rep rights

From October 2026, the Act brings in stronger rights for reps – including equality reps – to reasonable paid time off and the facilities they need to carry out their role. 

Before and after: stronger rep rights

Before

• Union reps have a legal right to reasonable paid time off for their duties and training, but in practice they often struggle to get enough time and support.
• Outside of certain situations like redundancy or TUPE, employers aren't required to provide reps with basic facilities like a private room, access to noticeboards, or digital tools.
• Despite their vital role in tackling discrimination, equality reps in many workplaces have no right to facility time or training – they're forced to squeeze the work in around their day job.

After

From October, 2026:

• Reps gain a stronger right to reasonable paid time off and to the facilities they need to carry out their union role.
• For the first time, equality reps gain a right to reasonable paid time off and training, mirroring the existing rights for union learning reps.
• Employers have a new duty to provide “accommodation and other facilities” that reps reasonably need for their union duties – for example, a meeting room, access to equipment, and ways to communicate with members.

Expected impact

What impact will the stronger rep rights have?

Reps should be in a stronger position when they ask for paid time off, facilities, and information to carry out their union role.

They'll be better able to represent members, take on casework, and negotiate improvements, so more issues are sorted early, avoiding unnecessary stress for workers and costs for employers.

With paid time and training, equality reps will gain a more visible status in the workplace and be in a stronger position to challenge discrimination, improve policies, and make workplaces more inclusive

Actions for reps

Here's how you can use the stronger reps rights to support members in your workplace.

1. Update your facility agreement and requests

• Check Acas regularly for details on the new Code of Practice on time off for trade union duties and activities (expected later in 2026).
• Review your current facility time and resources and identify how you can use the new Code of Practice to negotiate improvements to your facilities agreement.
• Talk to your union about how the new rights should apply in your workplace and what reasonable time off and facilities should look like.
• Negotiate for the improved facilities reps need to do their role.

2. Make sure equality reps use their right

• Check that equality reps also exercise their new rights and receive reasonable time off and facilities.
• If your branch doesn't have any equality reps, encourage colleagues to put themselves up for the role.
• If you're an equality rep, or would like to be one, talk to your union now about training and how to use the new rights to tackle discrimination in your workplace.

3. Keep records

• Keep a record of when requests for time off, training, or facilities are refused so your union has evidence to challenge your employer if necessary.
  

Download rep rights checklist

Rep rights checklist

Checklist: Stronger rep rights

Download checklist in PDF format.

Repeal of MSL and TU Act

6. Repeal of Strikes (MSL) Act and most Trade Union Act measures

From February 2026, a number of anti‑union measures introduced by previous conservative governments are rolled back, making it harder for employers to undermine lawful industrial action. The TUC website has more details on these. 

Before and after: MSL and TU Act repeals

Before

• The Strikes (Minimum Service Levels) Act 2023 allows ministers to set minimum service levels and employers to issue work notices forcing named staff to work during strikes in key public services.
• The Trade Union Act 2016 introduces extra requirements for ballots and industrial action on top of existing turnout rules.

After

• The Minimum Service Levels Act is repealed – employers can't issue work notices to force individuals to work during lawful strikes.
• Many Trade Union Act restrictions are removed or softened, but some requirements remain – for now – like the 50% turnout threshold.

Expected impact

What impact will scrapping MSL and parts of the Trade Union Act have?

• Unions are boosted knowing that lawful strikes can't be hampered by compulsory work notices. Scrapping minimum service level rules is a major repeal of anti-union legislation that could have removed the right to strike for many public sector workers. 
• Employers can no longer use those scrapped Trade Union Act requirements to delay or deter industrial action – potentially making them more willing to negotiate with unions.

Actions for reps

Here's how you can make sure the rolling back of the MSL and the Trade Union Act benefit your workplace.

1. Explain the change to members

• Explain to members that minimum service level work notices can no longer be used in most services, so strikes are less risky for individual workers.

2. Update your guidance

• Make sure your union’s updated guidance on ballot and notice requirements is available to all and that out of date guidance is withdrawn.
• Check that any local strike plans follow the new rules, not the old Trade Union Act requirements.

Download MSL and TU checklist

Checklist: MSL and TU Act repeal

Checklist: MSL and TU Act repeal

Download checklist in PDF format.

Stronger blacklisting protections

7. Stronger protection against blacklisting

Expected in 2027, ERA strengthens protection for workers involved in lawful industrial action and tightens the law against blacklisting union members and activists.

What is blacklisting?

What is blacklisting?

Blacklisting is when someone keeps or shares a list of people because of their union membership or activities. The list is used by employers or agencies to discriminate against those people by, for example, not hiring them, cutting their shifts, or dismissing them from their jobs.

Before and after: informing workers and rep rights

Before

• Protection from unfair dismissal for taking part in industrial action is time‑limited. 
• It doesn't always protect people from being punished in other ways such as losing shifts or being blocked from promotion.
• Although blacklisting is unlawful, the rules are narrow and don't reflect how modern labour supply chains operate, or the use of data in vetting workers.

After

From 2027 (expected):

• Protections against dismissal and other forms of punishment for taking part in lawful industrial action are broadened, making it riskier for employers to punish workers for striking or organising.
• Blacklisting provisions are expected to be updated and strengthened to cover more methods of blacklisting – including lists produced through third parties, automated systems, and AI. 
• The enforcement of blacklisting protections is expected to be toughened.

Expected impact

What impact will the stronger blacklisting protections have?

• Workers should feel more confident about taking part in lawful industrial action without fear of being sacked or penalised for doing so.
• Employers and agencies will face greater legal risk if they try to block union activists from work opportunities.

Actions for reps

Here's how you can use the stronger blacklisting protections to defend activists and lawful union activity in your workplace.

1. Make sure members understand the protection

• Let members know the protection for taking part in lawful industrial action will be stronger and their participation less risky.

2. Record any suspected attempts at blacklisting

• Encourage members to report any threats or suspected punishments linked to ballots or strikes.
• Ask members to tell you if they suspect they're being refused work because of union activity.

3. Help your union fight blacklisting

• Keep detailed records of all suspected blacklisting cases so your union can use them for any future legal and enforcement procedures.
• Escalate concerns through your union, so potential claims can be investigated using the new law.

Download stronger blacklisting protections checklist

Stronger blacklisting protection checklist

Checklist: Stronger blacklisting protection

Download checklist in PDF format.

Fair and secure work

What's changing?

What's changing?

The Employment Rights Act 2025 introduces new rights designed to give workers more job security and fairer treatment at work. Key changes in this area include:

• workers gain protection from unfair dismissal six months after starting a job
• statutory sick pay is paid from the first day of absence
• new rights to guaranteed hours contracts for workers on exploitative zero‑ or low‑hours contracts
• new rules to make sure workers get their fair share of tips and have a say in tipping policies
• tighter regulation of umbrella companies, that employment agencies often use to pay and employ workers.

Unfair dismissal

1. Unfair dismissal

Protection from unfair dismissal is to be given to millions of workers after they start a new job much sooner than before. This is expected to take effect from January 2027, with detailed guidance released in future years.

Before and after: unfair dismissal

Before

Before January 2027:

• Workers need two years' continuous employment before they become entitled to protection from unfair dismissal.
• Any awards they receive are capped at either 52 weeks' gross pay or £118,223 – whichever's lower. The rate is reviewed and updated annually.
• Workers have a right to receive written reasons for their dismissal only after at least 2 years' service (except in some pregnancy and maternity cases).

After

• The time an employee must work before they become entitled to protection from unfair dismissal is cut from two years to six months.
• The compensation cap is removed - tribunals award what they find appropriate for each case. 
• Workers have a right to written reasons for their dismissal after six months.

Expected impact

What effects will the changes to unfair dismissal protection have?

The government estimates that lowering the qualifying period will bring unfair dismissal protection to around 6.3 million more workers. 

With unfair dismissal protection starting earlier, employers are more likely to follow a proper process from the start. Problems with conduct or capability should be tackled through agreed plans between the employer and the worker (and union reps where relevant), instead of being ignored until they blow up.

That should mean more job security. Instead of employers jumping straight to sacking someone, they'll be more likely to try other steps first to sort out problems and keep the employment going where possible.

Existing day‑one and automatic rights still apply in cases involving discrimination, whistleblowing, health and safety and union‑related dismissals. 

Actions for reps

Here's how you can make sure your members and colleagues benefit fully from the changes to unfair dismissal.

1. Explain unfair dismissal protection to members

• Check your understanding of what unfair dismissal is – the Acas guide is a good start.
• Update members on the reduced 6 month qualifying period and the removed awards cap. 
• Let new starters know they're now protected from six months.
• Explain to others how unfair dismissal sits alongside other day-one rights (for example discrimination, whistleblowing, health and safety, union activity).

2. Check your employer's policies are updated

• Make sure they review and update their disciplinary, capability, redundancy and dismissal procedures to reflect the new 6‑month qualifying period and the removal of the cap on unfair dismissal awards.
• Check that their probation processes are clear and that managers give documented feedback to justify any dismissal close to the 6 month point.
• Ask if your employer has carried out equality impact assessments (EIA) for updated policies and procedures.
• Urge your employer to carry out equality impact assessments for the updated policies and procedures.
• Staff guidance and handbooks should all be updated to reflect the changes.

3. Look out for dodgy dismissals

• Watch out for an increase in dismissals as colleagues approach 6 months of service – some employers may try to get rid of people before they gain protection.
• Encourage new members to raise any issues early and not wait until their 6 months in post is approaching.
• Use data to identify if there is a common pattern where workers with protected characteristics are disproportionally impacted. 
• Scrutinise procedures for newer staff: investigations, hearings, the right to be accompanied, and appeals should all follow the correct process.

4. Use the changes to negotiate

• Use the increased risk of unfair dismissal claims as leverage to negotiate more supportive management practices – for example, clear reviews, support and training during probation periods.
• If necessary, ask your employer to provide clearer probation policies, regular reviews, and support to staff.

5. Stay up to date

Look out for developments such as new regulations, Acas guidance, updates from your union or the TUC, and case law to see how the changes are being interpreted and to adjust your negotiation strategies.

Download unfair dismissal checklist

Unfair dismissal protection checklist

Checklist: Unfair dismissal protection

Download checklist in PDF format.

Statutory sick pay

2. Statutory sick pay reforms

From April 2026, new rules on Statutory Sick Pay give many more workers sick pay from day one, including low‑paid and part‑time workers who were previously excluded.

Before and after: SSP

Before

• Statutory sick pay (SSP) is paid only from the fourth day of sickness absence and at a flat rate of £118.75 per week.
• Workers also need to earn more than the lower earnings limit (LEL) of £125 per week. 

Both rates are reviewed and updated annually.

After

From April 2026:

• The lower earnings limit (LEL) is removed. 
• SSP is available to all employees regardless of their weekly earnings.
• The weekly rate for 2026 to 2027 is £123.25 or 80% of an employee’s average weekly earnings – whichever is lower.
• Responsibility for enforcing statutory sick pay will move to the new Fair Work Agency (FWA). Until it formally takes on the role, enforcement will continue to be carried out by the Statutory Dispute Payment Team.

Expected impact

What effects will the changes to SSP have?

Over a million workers who previously earned under the lower earnings limit (LEL) become entitled to SSP – many from part-time, low paid, or insecure work. They gain some financial security when off sick. It will also benefit women as they're disproportionately affected by LEL. 

Many employers already pay their staff company sick pay but around 25% of all employees are estimated to depend on SSP only. They'll now get it from the first day they're off sick. 

With SSP now paid from day one, almost all workers entitled to SSP should end up receiving more overall.

The government estimates estimates the extra SSP costs for employers will be modest, and removing the waiting period makes the scheme much simpler to administer. 

Actions for reps

Here's what you can do to help make sure your employer applies the SSP changes fairly, and no one misses out.

1. Explain the new SSP entitlements to members

Tell them how SSP now starts on day one and, in particular, make sure low-paid and part-time workers who were previously excluded know.

Some low-paid colleagues may worry about receiving a lower SSP rate because of the 80% rule. Use an SSP calculator to work through their situation with them and explain how they'll almost certainly end up better off overall, especially for shorter illnesses of under a couple of weeks. 

2. Check your employer's policies are updated

If necessary, ask your employer to update sickness policies, contracts, and staff handbooks to reflect removal of the lower earnings limit, the end of waiting days, and the 80% rule.

They should also update their occupational sick pay scheme – it mustn't pay less than SSP,  and ensure their payroll systems are ready to make the new payments. 

3. Support members with disputes

• Make sure your employer doesn't mistakenly withhold sick pay to workers who are entitled. 
• Support members in challenging any underpayments by raising the issue with the employer or the enforcement body, the Statutory Payment Disputes Team.

4. Negotiate sickness policy improvements

• Ask your employer to encourage workers who are sick to stay home from day one – it will reduce the spread of illness and could boost productivity. 
• Use the new SSP as a baseline to negotiate improvements to the organisation's occupational sick pay and the way it manages absences, for example, trigger points, reviews, and warnings.
• Negotiate for disability leave policies so that leave linked to disability is counted separately from sick leave, and disabled workers aren't unfairly caught by sickness procedures
• Ask your employer to equality impact the updated absence policy to ensure disabled workers aren't discriminated against.

5. Stay up to date on implementation

Regularly check these government pages for updates on SSP and its implementation:

• Implementation timeline update page
• SSP factsheet.

Download SSP checklist

SSP checklist

Checklist: Unfair dismissal protection

Download checklist in PDF format.

Zero and low-hour contracts

3. Ban on exploitative zero- and variable- hours contracts

The following changes are expected in 2027. Many details are still to be confirmed, including what counts as a 'low‑hours' contract and what is 'reasonable notice' of shifts and changes.

Before and after: ZHC

Before

• Insecure workers have no legal right to a contract that reflects their usual hours.

• They have no right to reasonable notice of shifts.

• They have no right to pay if shifts are cancelled, cut, or changed at short notice (unless their contract says so).

After

• Workers on variable hours have a right to be offered a contract based on their usual hours over a set reference period. There may be some exceptions and conditions attached.
• If their hours increase over time, they have a right to an updated contract.
• They can choose to stay on their existing contract if they prefer. They can also later change their mind and get offered a guaranteed hours contract that reflects their actual hours after the next reference period.
• Workers have a right to reasonable notice of shifts and to compensation if shifts are cancelled, cut, or moved at short notice. There may be some exceptions.  
• These protections also apply to agency workers who work regular hours for the same employer.

Expected impact

What impact will the new laws on zero and low-hour contracts have?

More security for people on zero and low‑hours contracts

Millions of workers on insecure “flexible” contracts who usually work regular shifts can move onto contracts that reflect the hours they actually work. That means more stable pay, stronger rights as employees, and an easier time renting, applying for a loan, or doing other things that need proof of steady income

Greater security for agency workers

Agency workers who work regular shifts for the same hirer are also entitled to guaranteed hours and fair notice of shifts – so bosses cannot avoid the new rules by employing people via agencies.

Shifting the risk from workers to employers

The changes reduce one‑sided flexibility, where workers carry all the risk of last‑minute cancellations and weeks with no work, while employers enjoy 24/7 flexibility for free. The government estimates more than 2 million people on zero or low‑hours contracts will gain from the right to guaranteed hours and pay when their shifts are cancelled, moved or cut at short notice.

Genuine casual work stays – but not abuse

Workers can stay on a zero‑hours deal if it's what they want – but the aim is to clamp down on insecure work where hours are basically fixed and there is no real flexibility for workers.

More staff planning and less chaos

Employers need to think ahead instead of calling people in at the last minute or cancelling shifts without pay. Workers who have effectively been working regular hours on zero hour contracts (ZHCs) are expected to move onto contracts with guaranteed core hours and more predictable rotas.

Actions for reps

Here's what you can do to make sure colleagues on zero- or low-hour contracts get better contracts and more security.

1. Map your workplace to identify affected workers

Between now and these changes being implemented (expected in 2027), build a workplace map of who's likely to be affected. Employers will have to offer improved contracts to many zero‑hours, low-hours, and agency workers once the rules are in force.

• Map where zero‑hours and low-hour workers are based, which teams they’re in, and what shifts they usually work.
• Map where agency workers are placed and the shifts or roles they regularly cover.
• Highlight possible discrimination – check which workers with protected characteristics are over-represented in insecure work in your workplace, and show the potential benefits of this new right in tackling workplace inequality.
• Plan your conversations with colleagues so you can get the information you need whilst sounding supportive, not nosey. 
• One option is to say you are making a list of people who may be entitled to a better contract next year and ask if they're happy to answer a few basic questions so you can keep them updated. 
• This is also a good way to use the new laws to have an organising conversation and get non-members interested in the union.

2. Explain the new rights to colleagues

Once you know who’s on zero-hours/low hours/agency contracts, move quickly to explain the new rights so workers understand what’s changing and what they could gain.

3. Gather evidence about hours and work patterns

After you’ve established a trusting relationship with a colleague who might be impacted, ask them to share rotas, timesheets, and payslips, and to keep a log of whenever their shift is changed or cancelled at short notice. This will all be evidence they can use to challenge their employer if necessary.

4. Bargain for better than the legal minimum

You may be able to negotiate for shorter reference periods used to calculate regular hours, contracts with better guaranteed hours, more notice of shift changes or cancellations, or improved compensation when shifts are cancelled or curtailed. 

5. Stay up to date with the new regulations and case law

Keep up with updates to the implementation timeline and details of the new regulations by regularly checking the following:

• Zero hour contracts factsheet
• Employment Rights Act timeline update

Download ZHC checklist

ZHC checklist

Checklist: Unfair dismissal protection

Download checklist in PDF format.

Tipping laws

4. Tips and gratuities

From October 2026, existing tipping law is strengthened giving workers a say over how tips are shared out, and forcing employers to review their policy regularly.

Before and after: Tips and gratuities

Before

• The Employment (Allocation of Tips) Act 2023 already requires employers to pass on qualifying tips, gratuities, and service charges in full, and to share them fairly and transparently.
• Employers must have a written tipping policy if they controlled tips, and keep certain records – but they didn't need to consult workers or unions on how the system worked.

After

• When an employer draws up or changes a tipping policy, they now have to consult workers – through union reps, or directly if there are no reps.
• Employers must review the tipping policy at least every three years, consult workers again as part of that review, and give workers an anonymised summary of what people said in the consultation.
• The aim is to giver workers a stronger say in how tips are shared, on top of the existing rules that tips must be passed on in full and allocated fairly.
• Workers can take employers to a tribunal if they do not comply, and the tribunal may award compensation to workers. 

Expected impact

What impact will the new tipping laws have?

• Workers should have more say over who gets what from tips, and how things like tronc schemes and card charges are handled, – instead of management deciding on their own.
• Regular reviews should make it harder for employers to let unfair tipping practices continue for years or make sneaky changes to how tips are divided without explaining why.
• Unions will have a clearer route to bring tipping into bargaining and organising, especially in workplaces where tips make up a big slice of take‑home pay.

Actions for reps

Here's what you can do to make sure tipping and gratuities are handled fairly in your workplace.

1. Check the tipping policy

• Ask to see the written tipping policy and check when it was last reviewed.
• If there’s been no consultation with the union or reps, insist it happens immediately and regularly from now on.

2. Collect evidence from members and workers

• Ask members how tips are shared in practice and see if it matches any written policy.
• Talk to non-members too – their evidence is important and it's an opportunity to interest them in the union.
• Gather examples of when the system has seemed unfair or not transparent so you can raise them in the review and consultation. 

3. Assert the role of union reps in your workplace

• Use the new duty to consult to get union reps formally recognised as the main voice on tipping.
• Push for clear, simple rules workers can understand and check.

4. Keep an eye on future updates and guidance

• Keep an eye on future guidance and the statutory Code of Practice on tips.

Download tipping laws checklist

Tipping laws checklist

Checklist: Unfair dismissal protection

Download checklist in PDF format.

Umbrella companies

5. Umbrella companies

From 2027 (exact date to be confirmed), umbrella companies are covered by the main rules for agency work, meaning regulators can step in and take action if they need to – especially over pay abuses or hidden deductions.

What's an umbrella company?

What are umbrella companies?

Umbrella companies are payroll companies used by recruitment agencies to pay and employ agency workers through a PAYE (pay as you earn) system. In many cases, the umbrella company becomes the legal employer.

Freelancers and contractors also often use umbrella companies to manage their pay and tax. If they use a recruitment agency to find work, the agency may insist they use a particular umbrella company. If they find work directly from end clients, the client often insists the contractor uses an umbrella company. 

Before and after: Umbrella companies

Before

• Umbrella companies are commonly used to employ and pay agency workers and freelancers but avoid having to follow the specific rules that apply to recruitment agencies.
• Agency workers are often forced to use umbrella companies. They often find hidden fees and unexplained deductions coming out of their pay. 
• Some umbrella companies operate tax‑avoidance schemes that workers unwittingly participate in.
• Workers who experience issues are often told that neither the umbrella company or the agency are responsible for resolving the issue, leaving them stuck.  

After

• The existing definition of ‘employment business’ is widened to cover what umbrella companies do – especially handling workers’ pay.

• Umbrella companies must comply with key agency worker legislation, and in the future the new Fair Work Agency will be able to investigate and take action if they break the law.

Expected impact

What impact will the new umbrella company laws have?

Workers should have greater choice and transparency about using an umbrella company. Where they do use one and find their employment rights are breached, it should be easier to enforce their rights via the Fair Work Agency. 

Over time, the use of umbrella companies should decrease as workers and businesses both choose different payroll models. 

Clearer information

Workers will get clearer information about who’s paying them, how their pay is worked out, and what rights they have, so they can spot when something’s wrong.

Less abuse

Regulation and enforcement should help clamp down on abuses like unexplained deductions, and non-compliance with holiday pay or other rights.

Decrease in the use of umbrella companies

From April 2026, new tax rules mean employers and agencies could end up liable for any taxes an umbrella company fails to pay. This should discourage them from using non‑compliant umbrella companies. Bringing umbrella companies into the remit of the Fair Work Agency will also create a dedicated regulator with powers to act against abuses, so exploitative operators can be removed from the labour market

More leverage for unions

Unions will find it easier to challenge exploitative umbrella practices, and to push for direct employment or better agency arrangements.

Actions for reps

Here's what you can do to make sure your employer isn't misusing umbrella companies to exploit workers. 

1. Map where workers are pushed into umbrella arrangements

• Develop a workplace map to keep track of where workers are being pushed into working through umbrella companies.
• Gather any evidence you can to see how pay and deductions are being handled – payslips and contracts for example.
• Ask your employer to carry out an equality impact assessment for disproportional impact on workers with protected characteristics.

2. Look out for dubious deductions and charges

• Offer to look over an umbrella worker's payslip and contract. 
• Look out for signs of bad practice: unexplained admin charges, vaguely labelled deductions, and confusion over holiday pay.

3. Use the new framework to negotiate and organise

• Urge your employer to directly employ workers or offer better terms to agency workers.
• Recruit and organise agency and umbrella workers so you can support them collectively.

Download umbrella companies checklist

Umbrella companies checklist

Checklist: Unfair dismissal protection

Download checklist in PDF format.

Fair pay agreements

6. Fair Pay Agreements (FPA)

The ERA introduces a new Fair Pay Agreement (FPA) in adult social care in England, with equivalent bodies also to be established in Scotland and Wales. This means national negotiating bodies will set legally binding minimum pay and working conditions across the sector. Over time, FPAs may be extended to other sectors too. 

Before and after: Fair pay agreements

Before

• Low pay and poor working conditions are common in social care, leading to high staff turnover and recruitment and retention challenges in the sector. 

• Contravention of some legal rights such as being paid the national minimum wage is widespread in the sector. 

• Collective bargaining in the social care sector is patchy.  

• The sector is highly fragmented, with around 19,000 employers, the majority of which employ less than 20 employees. Up to now, there has been no overall negotiating body to improve workforce pay and conditions across the sector.  

After

Expected timeline:  

• Autumn 2026: Government lays regulations to establish the new adult social care negotiating body, which will be set up in early 2027.  

• Autumn 2027: Unions and employers conclude negotiations for the first FPA. The agreement will set a new floor for pay and key working conditions that employers must meet or exceed for all staff in scope of the FPA. 

• By April 2028: First FPA comes into effect and is applied to workers’ contracts. 

Expected impact

What impact will fair pay agreements have?

• In the adult social care sector, effective FPAs, delivered each year could lift wages, improve working conditions, and stabilise staffing. 
• Workers in the sector will have a voice in the FPA discussions through the trade union representatives on the negotiating body. This and new union rights of access will create opportunities for unions to organise in the sector, increase membership, and extend collective bargaining coverage. 
• Union negotiations at employer level can focus on implementing and exceeding the FPA standards and improvements in wider working conditions. 
• The FPA will particularly benefit women, migrants, and Black workers who make up a significant share of the workforce.  
• If rolled out in other sectors, FPAs should make it easier for unions to win sector‑wide gains. 

Actions for reps

Here's how you can use FPAs to negotiate improvements in your workplace.

1. Use FPAs to and recruit and organise

• Encourage non-members to join the union and build power in the workplace. 
• If you work in adult social care, talk to workers about the FPA process and how it will improve pay and working conditions in the sector. 
• Explain how joining the union will mean that they will have a say in the union’s priorities for future FPAs. 
• Explain how, as a rep, you'll work with members to implement the FPA in your workplace, push for standards above the minimum, and negotiate broader improvements to working conditions.

2. Use the FPA for bargaining

• If your union is recognised, use the FPA as a floor to build from, and resist employers who regard it as a ceiling.  
• Seek to reach agreements with employers on areas not covered by the FPA. 
• Seek staff views on what the priorities should be for the next FPA. 

3. Prepare for FPAs in your sector

• If you work outside the social care sector, gather evidence on low pay and poor working conditions to help argue the case for an FPA in your sector. 

Download fair pay agreements checklist

Fair Pay Agreement checklist

Checklist: Fair Pay Agreement

Download checklist in PDF format.

Related training

Family and life

What's changing?

What's changing?

The Employment Rights Act 2025 makes it easier to balance work with raising a family, caring, and coping with a loss. Key changes in this area include:

• paternity leave becomes a day‑one right, so more new dads and partners can take time off after birth or adoption
• unpaid parental leave also becomes a day‑one right – parents don’t lose out when they change jobs
• stronger protection from dismissal for pregnant workers, during maternity leave, and after they return
• a new right to bereavement leave, including after pregnancy loss before 24 weeks
• stronger rules on flexible working requests so employers give them proper consideration before rejecting and explain why they think a refusal is reasonable.

Day one paternity leave

1. Day one paternity leave

From April 2026, paternity leave becomes a day‑one right , so eligible fathers and partners can take time off from their first day in a new job. The rules on statutory paternity pay stay the same.

Before and after: Day one paternity leave

Before

• Workers needed 26 weeks’ continuous service with their employer to qualify for statutory paternity leave.
• Changing jobs close to the birth or adoption of a child often meant the worker losing the right to time off, even if they'd been working for years elsewhere.

After

From 6 April 2026:

• There’s no minimum service requirement – eligible workers can qualify for paternity leave from day one of their employment.

Expected impact

What effects will day one paternity leave rights have?

The new paternity leave rights will benefit more new dads and partners, especially those who have recently moved jobs. They'll have the option to take time off after birth or adoption.

Workers who change jobs won’t be starting again from scratch to reach a minimum service requirement and won't lose the chance to spend time with a new child.

Actions for reps

Here's how you can make sure new parents in your workplace benefit from the new day one leave right.

1. Check your employer updates their policies and handbooks

Policies and handbooks should be updated to reflect paternity leave as a day‑one right from April 2026.

2. Make sure managers understand the new right

Make sure managers know length of service is no longer a factor, and challenge any refusals based on a new dad or partner having "not worked here long enough".

3. Make sure members understand the right and how to exercise it

Encourage members – especially those changing jobs – to give notice in time and use the right. That means they must: 

• tell their employer the due date at least 15 weeks before the baby is expected
• say when they want their paternity leave to start and how much they want to take – at least 28 days before^• the leave is due to begin
• remember they can take their two weeks in one block or split into two separate weeks at any point in the first year after the birth, and they can take paternity leave even after a period of shared parental leave.

4. Push for day‑one paternity pay

Negotiate with your employer to provide contractual paternity pay from day one so all new fathers and partners can afford to take their leave.

Download day one paternity leave checklist

Day one paternity leave checklist

Checklist: Day one unpaid parental leave

Download checklist in PDF format.

Day one unpaid parental leave

2. Day one unpaid parental leave

From 6 April 2026, unpaid parental leave becomes a day‑one right, instead of only being available after a year’s service.

Before and after: Day one unpaid parental leave

Before

• Employees need 12 months’ continuous service to qualify for ordinary (unpaid) parental leave.
• Parents who move jobs lose access to parental leave, having to rebuild a full year before they can use it again.

After

From 6 April 2026:

• Eligible parents can take unpaid parental leave from their first day with a new employer.
• The overall framework – up to 18 weeks per child up to a certain age – stays in place, but without the minimum continuous service requirement.

Expected impact

What effects will day one unpaid parental leave have?

The government expects around 1.5 million more parents will be eligible to use unpaid parental leave to manage childcare, school issues, or other family responsibilities.

It should be easier for parents in lower‑paid and insecure work to move jobs without losing family‑friendly rights.

Actions for reps

Here's how you can make sure members who are parents benefit from day one unpaid parental leave.

1. Check your employer updates their systems and guidance

• Your employer's HR system should be updated so they don't block parental leave requests on based on length of service.
• Staff handbooks and guidance should be updated to reflect the day one right.

2. Encourage members to use unpaid parental leave alongside other rights

• Make sure they understand the range of rights available to help them with parenting (e.g. flexible working, annual leave).

3. Use the change to initiate recruitment and organising conversations.

• Approach new starters to inform them of their day one right to unpaid parental leave.
• Talk about your union's work and achievements – ask if they'd like to join or get more involved.

4. Negotiate paid days so parental leave is affordable to all

Ask your employer to offer paid days so parents on low incomes can use their new day one right to parental leave.

Download day one unpaid parental leave checklist

Day one unpaid parental leave checklist

Checklist: Day one unpaid parental leave

Download checklist in PDF format.

Pregnant workers protection

3. Enhanced pregnant workers protection

From 2027, enhanced protection against dismissal is given for pregnant workers, workers on maternity leave, and for at least six months after they return.

Before and after: Pregnant workers protection

Before

• Pregnant workers and new mothers are protected against discrimination and unfair dismissal, but many still face pressure to leave, or are unfairly selected for dismissal or sham 'redundancies' while pregnant or after they return to work.
• In a redundancy situation, workers on maternity, adoption, or shared parental leave get first refusal on any suitable alternative job if there is one – but this priority mostly applies while they’re actually on leave, not during the pregnancy itself or after they come back to work.

After

From 2027:

• The law will spell out stronger protection against dismissal during pregnancy, maternity leave, and a period after return (at least six months), except in specific circumstances.

• These protections will sit alongside existing redundancy priority rules and pregnancy/maternity discrimination law.
  

Expected impact

What effects will enhanced pregnant workers protection have?

A 2026 TUC report found that 1 in 7 women (14%) had lost their job or felt forced to leave it due to expecting a child or becoming a parent. The strengthened protection will mean:

• it should be harder for employers to push pregnant workers or new mothers out under the cover of 'reorganisation' or 'performance'

• more workers should feel safer telling their employer they’re pregnant and taking maternity leave when they need it.

Actions for reps

Here's how you can make sure members who are pregnant benefit from the change.

1. Make sure members know they have extra protection

• Let members know they have extra protection if they’re pregnant, on maternity leave, or newly back at work.

2. Watch out for changes at work that affect members

• Scrutinise any proposed reorganisations or redundancies affecting pregnant workers or recent returners.
• Insist the union team is consulted and involved in any proposed changes.

3. Protect pregnant or returning workers from unfair treatment

• Support members to challenge unfair selection or pressure to resign.
• Signpost members to prompt and proper legal advice if they're treated unfairly.

Download enhanced protections for pregnant workers checklist

Pregnant workers protection checklist

Checklist: Day one unpaid parental leave

Download checklist in PDF format.

Bereavement leave

4. Bereavement leave

The Employment Rights Act introduces a new statutory right to unpaid bereavement leave from 2027, including for pregnancy loss before 24 weeks, so workers can take time off to grieve.

Before and after: Bereavement leave

Before

• Workers had a right to parental bereavement leave after the death of a child under 18 or stillbirth after 24 weeks, but no general right to bereavement leave for other close relatives or for earlier pregnancy loss.
• Time off after a bereavement often depended on the goodwill of individual managers or any enhanced contractual policies from the employer.

After

From 2027:

• A new statutory right to unpaid bereavement leave, including where someone experiences pregnancy loss before 24 weeks.

• Details such as who counts as a close relative, the length of leave, and notice rules will come through regulations, but employers will no longer be able to refuse bereavement leave altogether.
  

Expected impact

What effects will the changes to bereavement leave have?

• Workers will have a guaranteed minimum right to time away from work after a bereavement, instead of relying solely on their employer's discretion.
• Workers will have a chance to come to terms with their pregnancy loss before having to go back to work.
• Recognising pregnancy loss in law should help challenge the stigma and silence around miscarriages and similar losses.

Actions for reps

Here's how you can make sure members who suffer a bereavement benefit from the changes.

1. Urge your employer to offer beyond the minimum

• Ask your employer to top up the statutory minimum with paid bereavement leave and sensitive policies to support workers.

2. Make sure managers know it's a right

• Make sure line managers know bereavement leave is a right, not a favour.
• Support members who need to challenge refusals from managers or who are pressured to only use their annual leave.

3. Support members to take the time they need

• Explain the bereavement leave right to members and encourage them to take time they need.
• Make sure members who use bereavement leave don't suffer any detriment or unfair treatment for doing so.

Download bereavement leave checklist

Download bereavement leave checklist

Checklist: Day one unpaid parental leave

Download checklist in PDF format.

Flexible working

5. Flexible working requests

From 2027, the. ERA strengthens the existing day‑one right to request flexible working by tightening what employers have to do if they want to say no. 

Before and after: Flexible working request

Before

• Employees already have a day‑one right to request flexible working, but many face blanket refusals or dubious justifications for a 'no' answer. 
• Employers have to give a decision within two months, handle the request in line with the Acas Code, and consult the employee before making a decision – unless accepting the request in full.
• Employers must provide one of the statutory business reasons if they’re going to reject, but there’s no real requirement to explain why, and many don’t offer meaningful consultation.

After

From 2027:

• Employers must follow a clearer process when refusing a request. Additional legislation will set out the steps they need to take when consulting. 

• They must also show the refusal is objectively reasonable, linked to one of the eight business reasons, and explain why in writing.

• Statutory guidance on the reasonable test will be produced and the Acas Code will be updated. Reps can use this to challenge weak refusals

Expected impact

What effects will the amendment to flexible working requests have?

• Workers should get more meaningful responses to their requests with increased likelihood of solutions rather than flat rejections.
• Better flexible working should help more people stay in work while caring for children or other loved ones, managing health conditions, or approaching retirement.

Actions for reps

Here's what you can do support members in requesting flexible working and to make sure your employer responds reasonably and fairly.

1. Encourage members to use the right to request

• Make sure members who may need it, such as those returning from maternity, adoption, or other family leave, are aware of the right to request.
• Support members to make requests following your employer policy and the law and check their request includes all the information a statutory flexible working request must have. 
• Link requests where relevant to a protected characteristic (e.g. a women returning from maternity leave) and use discrimination law to support their request. 
• Encourage disabled members who need changes to their hours or location to ask for them as a reasonable adjustment (not just a flexible working request), as this gives them stronger rights under the Equality Act.

2. Check your employer updates their policies

• Make sure policies match the new rules and the new Acas Code.
• Check managers know they must properly consider and explain refusals.

3. Use flexible working as an organising opportunity

• Bring together workers with similar needs – for example parents or carers – to push for wider pattern changes.

4. Negotiate a collective agreement that goes beyond the minimum

• Aim for one where all workers have a right to flexible working by default, and your employer must clearly explain and justify any exceptions – that way people don’t have to stick their heads out as individuals.
• Get your employer to mention flexible working options in job adverts – it will help them attract more applicants and diverse staff.  

5. Push for equality and highlight discrimination

• Keep track of who's getting refused by role, grade, and, where you can, ethnicity, disability, and gender.
• Look for patterns that might reveal discrimination.
• Use the new stronger rules to challenge bad practice.
• Check for unfair treatment of people who’ve made a flexible working request, as research shows some groups – for example Black workers – are more likely to be treated badly when they ask for flexibility.

Download flexible working checklist

Download flexible working checklist

Checklist: Day one unpaid parental leave

Download checklist in PDF format.

Equality and dignity

What's changing?

What's changing?

The Employment Rights Act 2025 is about making equality and basic dignity at work non‑negotiable. It gives reps stronger tools to turn individual cases into collective wins, and to protect workers from unfair treatment. It also helps people with protected characteristics get in, stay and progress at work, and makes it easier for everyone to speak up without being silenced.

Key changes to support equality and dignity include:

• large employers must publish gender pay‑gap and menopause action plans – not just numbers – so workers and unions can hold them to account
• a stronger duty to prevent sexual harassment, forcing employers to tackle toxic cultures and risky working environments
• tougher whistleblowing protections, making it safer to call out discrimination, harassment, exploitation and unsafe work – especially in insecure jobs
• new restrictions on non-disclosure agreements (NDAs) that prevent workers from speaking out about harassment or discrimination. 

Equality action plans

1. Equality action plans

From 2027, large employers (with more than 250 staff) have to publish equality action plans alongside their gender pay gap reporting figures. These plans must detail what concrete steps they’re taking to improve gender equality – including reducing the gender pay gap and supporting women during the menopause.  

Before and after: Gender pay gap action plans

Before

• Employers publish gender pay‑gap numbers once a year but have no legal duty to act on them.
• Workers and unions often get vague assurances about “working on equality” with little follow‑through.
• Menopause policies and support at work is largely left to employers and individual managers.

After

From 2027:

• Employers with over 250 employees must publish an action plan setting out how they will reduce their gender pay gap.
• They must also produce a menopause action plan, developed with staff, and covering adjustments, support, and training.
• Employers will also need to publish who provides their outsourced workers, so gender pay gap reports for them can be accessed. 

Employers can voluntarily publish their action plan from April 2026 – through the same website they currently report their gender pay gap.

Expected impact

What effects will gender pay gap action plans have?

• Action plans should help turn headline statistics into changes to pay structures, recruitment, progression and flexible work. 
• They can also shine a light on wider inequalities, especially where data is broken down by ethnicity, disability and working pattern.
• Menopause action plans could help workers stay in work, improve dignity for those going through menopause, and help challenge ageism and sexism in workplace cultures.
• Employers will no longer be able to use outsourcing as a way of hiding inequality as the provider of those outsourced workers should also have to publish reports and action plans.
• Unions can point to the published plan and hold employers to their own commitments in bargaining and campaigning.

Actions for reps

Here's how you can make sure your employer takes steps to tackle gender inequality at work.

1. Push your employer to extend their reporting

• Ask your employer to go beyond the legal minimum and undertake gender pay gap reporting, even if they have fewer than 250 staff. 

• Ask your employer to also introduce ethnicity and disability pay gap reporting. 

• Ask them to produce action plans for specific groups the data shows are being left behind. 

2. Insist on union involvement in action plans

• Demand union consultation on action plans and opportunities to review drafts before they're published.

3. Negotiate for effective action plans

• Make sure your employer follows the government's guidance on creating action plans.
• Negotiate improvements to action plans before they're published.
• Make sure they include specific measures – such as pay reviews, part-time senior roles, and transparent promotion criteria – all with clear timescales.
• Negotiate specific actions to target any identified intersectional pay gaps, e.g. Black women, disabled women.  

4. Negotiate adjustments and support for workers experiencing menopause

• Push for practical adjustments e.g. workplace temperature controls, uniform codes, flexible working, and access to rest areas.
• Make sure members know how to request adjustments.
• Negotiate training and awareness-raising for managers and staff.  

Equality action plan checklist

Equality action plans checklist

Checklist: Equality action plans

Download checklist in PDF format.

Sexual harassment prevention duty

2. Sexual harassment prevention duty

From October 2026, employers will face a stronger legal duty to take reasonable steps to prevent sexual harassment, not just respond after an incident. They'll need to carry out specific steps set out in regulations being developed, and additional steps considered 'reasonable' for their circumstances. These could include clear risk assessments, plans and policies, training, reporting, and complaints-handling procedures.

Before and after: Sexual harassment prevention duty

Before

• The law is focused mainly on individual harassment cases and how employers respond.
• There's limited emphasis on prevention and no specific steps employers must follow.
• Some employers have preventative policies on paper, but risk assessments, training, and follow‑ups often don't happen.

After

From October 2026:

• Employers have a clearer duty to take proactive, reasonable steps to prevent sexual harassment in the first place.
• Employers must take specific steps set out in regulations in addition to other preventative steps reasonable for their circumstances.
• They're expected to identify higher‑risk roles and environments, provide effective training, and regularly review whether their measures are working.

Expected impact

What effects will the sexual harassment prevention duty have?

The duty should shift attention from blaming individuals to tackling cultures and patterns of behaviour, especially in high‑risk sectors and roles. 

It could be particularly important for workers who face increased or intersecting risks, such as Black women, young workers, LGBT+ workers, and migrants, who our research shows are more likely to experience harassment at work.

Actions for reps

Here's how you can make sure your employer fulfils their duty to prevent sexual harassment.

1. Review your employer's existing prevention measures

• Involve members in a review of existing policies and risk assessments.
• Identify where and how harassment is happening, including from third parties such as customers or clients.
• Compare your employer's approach to the EHRC's 8-step prevention guide for employers.

2. Negotiate for effective prevention measures

• Push for joint union–employer training on sexual harassment.
• Make sure your employer has clear reporting routes, not limited to line managers.
• Ask your employer to communicate to workers what protections are in place against victimisation for those who speak up.
• Insist your employer's policies recognise intersecting risks, and action plans involve workers most affected, such as Black women and LGBT+ members.

Download sexual harassment prevention checklist

Sexual harassment prevention checklist

Checklist: Sexual harassment prevention duty

Download checklist in PDF format.

Whistleblowing protections

3. Whistleblowing protections

From April 2026, the ERA strengthens protections for workers who blow the whistle on serious wrongdoing at work, including harassment, discrimination, and health and safety risks. It makes it harder for employers to retaliate against people who raise protected disclosures.

Before and after: Whistleblowing protections

Before

• Protection is limited and unclear, with some insecure workers falling through the gaps.
• Employers sometimes sideline or punish whistleblowers, and rely on people not enforcing their rights.

After

From April 2026:

• More workers are clearly covered, including some in atypical arrangements, and guidance around protected disclosures is clearer.
• Retaliatory actions such as dismissal, selection for redundancy, or loss of hours after a protected disclosure carry a higher legal risk.

Expected impact

What effects will enhanced whistleblowing protection have?

Stronger protections should make it safer to raise concerns about discrimination, harassment, exploitation and unsafe work. That's especially important for workers in precarious jobs and marginalised groups who often see the worst treatment and have the least security.

Actions for reps

Here's how you can make sure members who speak up are protected.

1. Support members who raise concerns

• Encourage members to seek legal advice in addition to talking to reps before they raise any serious concerns
• Advise members to put disclosures in writing so they're clearly protected.
• Support whistleblowers collectively so they are not isolated – for example, by raising issues through safety committees or equality forums.

2. Get your branch up to speed on protected disclosures

• Make sure everyone on your rep team can recognise when a member's concern is likely to count as a protected disclosure.

3. Look out for victimisation

• Monitor what happens after a member makes a disclosure – for example, any changes to their hours, roles, or treatment.
• Challenge any suspected victimisation immediately.

Download whistleblowing protection checklist

Whistleblowing checklist

Checklist: Whistleblowing

Download checklist in PDF format.

NDAs

4. Non‑disclosure agreements

The ERA will tighten the rules on non‑disclosure agreements (NDAs) so they can't be used to gag workers about discrimination, harassment, or other unlawful treatment. Confidentiality clauses will still be allowed for genuine commercial reasons, but not to hide wrongdoing.

Before and after: NDAs

Before

• NDAs and confidentiality clauses in settlements are often used to stop workers talking about harassment, discrimination, or bullying.
• Patterns of abuse can be hidden behind repeated 'gagging' deals, making it harder to expose serial offenders.

After

From a future date yet to be confirmed:

• NDAs can't legally prevent workers from reporting unlawful acts to the police, regulators, or other authorised bodies, or from getting support.
• It should be harder for employers to use NDAs to bury problems.
• It should be easier for workers to seek advice and support without fear of breaching a clause.

Expected impact

What effects will the tightened rules on non-disclosure agreements have?

Tightening the rules should reduce the chilling effect that NDAs have had on people speaking out about harassment and discrimination. 

It should also help unions and regulators spot repeat patterns of abuse and press for workplace‑wide solutions.

Actions for reps

Here's how you can help members and your workplace avoid the negative effects of NDAs.

1. Advise and support members asked to sign NDAs.

• Strongly advise members not to sign any NDAs or settlement agreements without getting independent legal advice so they know exactly what they can still say and to whom.
• Make sure all members and your employer know NDAs can't stop workers seeking union support or reporting to the police, regulators, and medical professionals.

2. Convince your employer not to use NDAs

• Negotiate to limit or ban the use of NDAs in all discrimination, harassment, and bullying cases, and to require anonymised data on such cases to be shared with unions.
• Use cases where NDAs were misused in the past to argue for better policies, safer reporting routes, and cultural change.

Download NDA checklist

NDA checklist

Checklist: NDAs

Download checklist in PDF format.

Changes at work

What's changing?

What's changing?

The Employment Rights Act 2025 makes it harder for bosses to push through damaging changes at work, by tightening collective redundancy rules, clamping down on fire and rehire, and using the Procurement Act to stop two‑tier workforces on outsourced public contracts.

Collective redundancy consultation

1. Collective redundancy consultation and protective awards

The ERA strengthens redundancy rights by adding a new organisation‑wide trigger for collective redundancy consultation and by doubling the maximum protective award employers can be ordered to pay if they fail to consult properly.

The increased protective award applies from 6 April 2026, with the new organisation‑wide consultation threshold to be set in regulations and expected to take effect sometime in 2027.

Before and after: Collective redundancy consultation

Before

• Collective consultation is only required if the employer proposes 20 or more redundancies at one establishment within 90 days.
• The maximum protective award employers must pay if they fail to collectively consult is 90 days’ gross pay per affected worker.
• Some employers avoid consulting by spreading redundancies across sites so they fall just below the 20‑person 'trigger' in each place.
• Some employers choose to avoid their consultation obligations and view the potential cost of protective awards (if they're found to have failed to collectively consult) as worth the risk.

After

From April 2026 and 2027:

• Consultation with worker representatives is required with 20 or more redundancies at one establishment, but also if an organisation‑wide threshold is reached across multiple sites.
• The threshold will be set out in regulations due to take effect in 2027.
• The maximum protective award doubles to 180 days’ pay per worker, greatly increasing the risk and cost to employers if they fail to consult.

Expected impact

What impact will the collective redundancy changes have?

The new threshold should mean that when large numbers of redundancies are proposed across an organisation, the employer will be required to collectively consult. 

Collective consultation will increase especially in restructures involving multiple sites. This will give reps more leverage to negotiate with the employer, explore alternatives to job cuts, and improve terms for those who do leave.

The doubled protective award should deter employers from skipping or rushing consultation.

Actions for reps

Here's what you can do to make sure your employer complies with the consultation duty.

1. If redundancies are announced, start building the organisation‑wide picture.

• Request written information from your employer on all proposed redundancies across the organisation over the 90‑day period – not just in your workplace. 
• Talk to reps and members in other sites and departments about job cuts they've heard about. 
• Keep a running tally of job losses and dates in your site/department and others. 
• Once set, check regularly if the organisation-wide legal threshold has been reached.

2. Negotiate for good practice now

• Remind your employer about the doubling of the maximum protective award and push for longer, and better consultation.
• Keep detailed records (timelines, information received, meetings, proposals) so you can evidence failures and support protective award claims if needed. 
• Ask your employer to agree to an organisation‑wide trigger as good practice now, before it becomes a statutory requirement in 2027.

3. Challenge drip-feeding of job cuts

• If cuts are announced in small chunks, formally ask your employer to treat them as one collective exercise and to commence consultation. 
• If your employer ignores or refuses, raise the issue with your union officers.

Download collective redundancy checklist

Collective redundancy checklist

Checklist: Collective redundancy consultation

Download checklist in PDF format.

Fire and rehire

2. Fire and rehire

From January 2027, dismissing someone then rehiring them on worse terms will automatically be unfair in most cases. The key exception will be when an employer is in real financial difficulty and there's no alternative. An updated Code of Practice will spell out how they must consult and negotiate before even thinking about dismissal.

Before and after: Fire and rehire

Before

• Employers can use fire and rehire if they have a 'sound business reason' for changing their workers' contracts and follow general unfair dismissal rules.
• The threat of fire and rehire is often enough to make workers 'agree' to cuts in their pay and conditions, despite other alternatives existing.
• A statutory Code of Practice on Dismissal and Re‑engagement, introduced in July 2024, mainly covers compensation levels, not whether the dismissals are legal.

After

• If your employer sacks someone for refusing a restricted variation – a worse deal on core terms like pay, hours, shifts, holidays or pensions – and then keeps them or replaces them on that worse deal, the dismissal will usually be automatically unfair.
• Your employer can only legally fire and rehire if they can demonstrate that serious financial difficulties put the business at risk and there's no reasonable alternative.
• Even then, a tribunal will look at whether the dismissal was fair overall – including how far your employer consulted with unions and what they offered to workers in return for accepting the changes.
• The Code of Practice on Dismissal and Re‑engagement still applies, and tribunals can increase compensation by up to 25% if your employer unreasonably fails to follow it.

Expected impact

What impact will the fire and rehire restrictions have?

Fire and rehire should become a last resort, used only when jobs and the survival of the business are genuinely at risk – it will no longer be a tool for driving down terms.

Workers gain extra protection because many fire and rehire cases will now be automatically unfair.

Good employers who negotiate in good faith won't be undercut by unscrupulous employers who threaten workers with the sack just to cut pay and conditions.

Actions for reps

Here's how you can use the changes to protect members from unfair fire and rehire tactics.

1. Spot early signs of fire and rehire

• Watch for your employer proposing big cuts to pay, hours, shifts, holidays or benefits and hinting that jobs are at risk if staff don't agree.
• Ask HR or managers to confirm in writing what changes they're considering and why.

2. Insist your employer shares information and consults

• Remind your employer that fire and rehire must be a last resort under the statutory Code of Practice on Dismissal and Re‑engagement.
• Ask your employer to share a clear business case and to consult the union properly before telling any worker they may be dismissed and rehired.

3. Challenge whether fire and rehire is really justified

• Ask your employer what alternatives they've explored – these might include voluntary changes, recruitment freezes, temporary measures, or redeployment.
• If your employer claims serious financial difficulty, ask for evidence that jobs and the business are genuinely at risk and that there is no other way to make the changes.

4. Support members facing pressure to agree

• Explain to members that many dismissals used to impose worse terms (like pay, hours, shift patterns and holidays) will be automatically unfair.
• Encourage members not to sign new contracts or agree to worse terms without getting advice.

5. Keep a record of what your employer does

• Keep copies of all letters, emails, proposals, and consultation notes from your employer.
• Note whether your employer follows the steps in the Code – sharing information, consulting, exploring alternatives, revisiting proposals – or presents a “take it or leave it” offer.

6. Use the new legal protections in disputes and negotiations

• If your employer does fire and rehire on worse terms, talk to your union officers and seek legal advice quickly about potential automatic unfair dismissal claims.
• Remind your employer that tribunals can increase compensation by up to 25% if they fail to follow the Code of Practice.
• Use the stronger legal protections to encourage your employer to negotiate fair changes and avoid fire and rehire altogether.

7. Share what happens, and stay up to date

• Share any fire and rehire cases or threats in your workplace with other reps and your union officers so advice and campaigns can be updated.
• Keep an eye on new guidance and tribunal decisions on fire and rehire and share key lessons with other reps.

Download fire and rehire checklist

Fire and rehire checklist

Checklist: Fire and rehire

Download checklist in PDF format.

Procurement and two-tier code

3. Two-tier code in public sector outsourcing contracts

Ministers in the UK, Scotland and Wales will reinstate and strengthen the previously scrapped 'two‑tier' code in public procurement. The code aims to level up new starters employed by contractors so they're not on worse overall terms than ex-public-sector staff who are TUPE-protected and employed within the same outsourced service. The reinstated code is expected to be implemented from October 2026. 

Before and after: Two-tier code

Before

• The original two‑tier code was scrapped in 2011 and replaced by voluntary ‘Principles of Good Employment Practice’. But many contracting authorities and suppliers just ignored them. 
• When services were outsourced, TUPE usually protected staff transferred from the public‑sector, but new starters hired by private contractors could often be employed on much worse terms including their pay, hours, sick pay, and pensions. 
• This created a two‑tier workforce in many outsourced services, with people doing the same jobs on very different terms causing damage to morale, retention, and service quality.

After

• The ERA adds new powers to the Procurement Act 2023 so ministers in Westminster, Scotland, and Wales can bring in regulations and a statutory two‑tier code that public bodies must use when they’re drawing up certain outsourced public service contracts. 
• When in-house public‑sector staff transfer to a contractor and work alongside new starters the contractor hires directly – including on later‑generation contracts where services have already moved between different suppliers – the public body will have to make sure the new starters aren’t on worse terms and conditions than the transferred staff. 
• The code is part of the procurement rules. Following it becomes a condition of winning and keeping public contracts, not just a voluntary ‘good practice’ recommendation. 

Expected impact

What impact will the two-tier code have?

Better jobs 

It will be much harder for contractors to win bids by driving down pay and conditions for new starters, while TUPE‑protected staff keep better terms. 

Consistent standards 

Team members will be on terms that are not worse overall, whether they’re new or have been transferred. This should improve morale, help stabilise workforces, reduce turnover, and improve the quality of outsourced public services.

Better for Black workers 

Black workers are more likely to be in lower‑paid outsourced roles in sectors like health and social care, so two‑tier workforces hit them hardest. Levelling up conditions in outsourced contracts could help tackle that inequality. 

Stronger unions 

Unions can use the two-tier code as leverage with employers and negotiate for better conditions and bringing services back in‑house if contractors fail to meet fair standards

Loophole remains

The new two‑tier code will only apply to outsourced public contracts that fall under the Procurement Act. But this means staff in wholly‑owned subsidiaries (like local authority LATCos or NHS subcos) will not be covered unless the law is changed. Unions, including the TUC, are pressing the government to close this loophole.

Actions for reps

Here's how you support the two-tier code to level-up your members terms and conditions.

1. Map two-tier teams

• If it applies to your workplace, map any outsourced contracts or teams where members work alongside ex‑public‑sector staff – so you know which groups should be covered once the code is in force.

2. Check contract terms

• Ask the public body (the contracting authority) what clauses they’re putting into new contracts to stop a two‑tier workforce developing. 
• Ask your own employer how they plan to meet those obligations and make sure new starters aren't put on worse overall terms than transferred staff.

3. Compare conditions

• Talk to members and colleagues to find out if there are any examples of differences in pay and terms between transferred staff and new joiners on the same contract. 
• If there are differences, collect any evidence you can, then use these in discussions with your employer to resolve the issue.  

4. Push your employer to level up

• Check your employer is complying with the new provisions and bringing new starters up onto comparable terms to ex‑public‑sector colleagues – not trying to ‘level down’ by moving transferred staff onto worse terms.

5. Campaign for insourcing

• Support union campaigns urging public bodies to bring services back in‑house to fix two‑tier workforces, improve staff morale, and raise service quality. Unison's bargaining for insourcing guide may help with your own campaign.

Download two-tier code checklist

Two-tier code checklist

Checklist: Two-tier code

Download checklist in PDF format.

Enforcement

What's changing?

What's changing?

The ERA creates a new Fair Work Agency – a single government body that brings together the existing enforcement bodies, giving stronger powers to inspect employers, recover underpayments, and penalise those who ignore the law. It also extends the time limits for bringing employment tribunal claims, giving workers longer to enforce their rights.

Fair Work Agency

1. Fair Work Agency (FWA)

From April 2026, the ERA creates a new Fair Work Agency (FWA) as a single enforcement body for key employment rights. It brings together some existing enforcement, so workers and employers have one place to go for help and to resolve disputes.

The FWA combines the functions of:

• the Gangmasters and Labour Abuse Authority
• the Employment Agency Standards Inspectorate
• the Director of Labour Market Enforcement.

Its initial focus is enforcing employment agency rules and gangmasters licensing, tackling serious labour abuse and modern slavery, and making sure the National Minimum Wage is paid, with enforcement for it moving from HMRC to the FWA over 2026–27.

Before and after: Fair work agency

Before

• Enforcement is fragmented, split between a patchwork of separate bodies responsible for different issues, such as the minimum wage, modern slavery, or employment agencies.
• Workers usually have to pursue tribunal claims themselves. Many never start a claim, and those who do and win, often don't receive their reward because of weak enforcement and the confusing system.

After

From April 2026:

• The FWA brings many existing enforcement functions together and adds new powers.
• Enforcement for additional areas including Statutory Sick pay and Holiday pay will be added later.
• There's one place workers and unions can go to for enforcement of key rights.
• The FWA can inspect workplaces, issue penalties, help enforce tribunal awards, and, in some cases, bring tribunal claims on behalf of workers

Expected impact

What impact will the Fair Work Agency have?

• It should be easier to enforce rights, especially for low‑paid and insecure workers who were previously unlikely to pursue claims and navigate the complicated system alone.
• Effective enforcement from the FWA should increase the risk of non-compliance for employers, who face coordinated inspections, fines, naming and shaming, and the recovery of enforcement costs.

Actions for reps

Here's how you can use the FWA to make sure your members are treated fairly at work.

1. Spread awareness of the FWA and what it does

• Make sure members know the FWA exists and what kinds of problems it can help with.
• Keep track and update members as new rights areas are added to the FWA's powers (e.g. minimum wage, holiday pay, sick pay, etc), 
• Let members know how to contact the FWA in addition to getting support from the union.

2. Help collect evidence for the FWA

• Encourage members to collect evidence that could be useful to share with the FWA – for example, contracts, rotas, payslips, and messages.

3. Use the enforcement risks to employers in negotiations

• Remind your employer they could face inspections, fines, naming and shaming, and enforcement costs if they ignore the law.
• Ask them to rectify any issues such as underpayments or pay arrears before you involve the FWA.

Download fair work agency checklist

FWA checklist

Checklist: FWA

Download checklist in PDF format.

Employment tribunal time limits

2. Employment tribunal time limits

From October 2026 (exact date to be confirmed), the standard time limit for bringing most employment tribunal claims will increase from three months to six months.

Before and after: Employment tribunal time limits

Before

• Most employment rights claims (for example unfair dismissal, discrimination, harassment) have to be started within three months of the problem.
• The short window makes it easy for people to miss deadlines – especially if they try to resolve things informally first.
• Some employers use delaying tactics and draw out grievance and appeal processes so long that workers risk missing the tribunal time limit.
• Claimants often don't have enough time to collect all the evidence they need.

After

From no earlier than October 2026:

• The time limit for starting most types of claim will be six months – doubling the standard period.
• Some exceptions remain – for example breach of contract claims – which continue to have a three‑month limit.

Expected impact

What impact will the updated tribunal time limits have?

Workers will have more time to seek advice, use internal procedures, and complete Acas Early Conciliation before they decide whether to bring a claim. They'll also have more time to gather evidence.

It will be harder for employers to delay or draw out internal processes to push workers past the deadline.

Actions for reps

Here's how you can support members with the updated employment tribunal time limits.

1. Warn members about deadlines

• Make sure members know there are strict time limits for claims now, and that the six‑month limit only applies to problems that happen after the change takes effect.
• For serious issues like dismissal or discrimination, urge members to get legal advice quickly and start Acas Early Conciliation in good time.

2. Help members collect records and evidence

• Urge members to keep written records, key documents, and dates, so they’re ready to bring a claim if it becomes necessary.

Download employment tribunal time limits checklist

Tribunal checklist

Checklist: Employment tribunal checklist

Download checklist in PDF format.