The changes below are due to come into law between now and October 2026. Please be aware that until the government release the final details of each change, then the information below is subject to amendment. I will keep you all informed of the final outcome for each change.
Due in Autumn 2025 – Currently awaiting Royal Assent
- Repeal of the Strikes (Minimum Service Levels) Act 2023:
- This Act was designed to require workers to provide a minimum level of service during a strike in certain sectors like health and education services. Following gaining Royal Assent in Autumn 2025, this Act will be then abolished.
- Repeal of most of the Trade Union Act 2016
- The changes include:
- the period for giving notice of industrial action will be reduced from 14 to 10 days.
- Unions will require a simple majority of those voting to approve industrial action rather than specific percentage rules.
- The requirements around picket supervisors will be removed.
- Industrial action mandates will be extended, so once members have voted to take industrial action, the union will be able to take the action within 12 months rather than the current six months.
- Removing the 10 year ballot for Trade Union political funds
- A trade union may not spend any part of its funds to directly or indirectly benefit a political party, unless it has first been approved by members going through a vote. Currently, the law requires unions to hold review ballots every 10 years to continue operating a political fund. The new Act will remove the requirement to hold this ballot every 10 years and replace it with a requirement to send out a notice to members reminding them of their right to opt out of contributing to the political fund.
- Simplifying industrial action ballots and notices
- The Act will also simplify what must be provided on industrial action and ballot notices and ballot notices.
- Protections against dismissal for taking industrial action.
- Currently, an employee who has taken part in an industrial action, for example, a strike, is protected from unfair dismissal if the dismissal takes place within 12 weeks of starting the industrial action. The law will remove this 12-week limit, so any dismissal for taking part in industrial action would be automatically unfair at any time.
- The changes include:
Due in April 2026
- Doubling the maximum protective award in collective redundancies where consultation has not occurred:
- This means that where the requirement to carry out collective consultation is triggered, but the employer does not consult with staff, the amount of potential compensation an employee could be awarded would be increased from 90 days' pay to 180 days' pay. Currently, this requirement is triggered when an employer is making 20 or more people redundant within a 90-day period at one establishment, although this trigger is subject to a different reform.
- Paternity leave becomes a day one right:
- Currently somebody would only qualify for Paternity leave after they've been working for a company for a set period of time (continuously employed for at least 26 weeks by the 15th week before the Expected Week of Childbirth (EWC) or by the week in which an Approved Adoption Agency matches them with a child). The new law will allow workers to take this leave from the first day they are employed.
- Unpaid Parental leave becomes a day one right:
- Currently parents have the right to take up to 18 weeks of unpaid leave for each child until they are 18 years old, at a maximum of 4 weeks per year, however there is a waiting time of 12 months employment before they can request this time off. Labour has committed to making parental leave a day one right.
- Sexual Harassment claims will be protected by Whistleblowing Law:
- Sexual harassment will be added as one of the protected disclosures under whistleblowing protections. This means someone who has made a qualifying disclosure about sexual harassment will be protected from detriment and dismissal under whistleblowing law.
- A Fair Work Agency will be set up:
- This will bring together existing state enforcement powers such as the minimum wage and the gang masters and labour abuse authority. It will also take on additional rights such as holiday pay and statutory sick pay. The areas that the work agency will cover may be extended in the future.
- For Statutory Sick Pay, there will be no waiting days before employees are entitled to SSP, and any employees who previously didn’t qualify for SSP because their earnings are too low, will be entitled to some pay when off sick:
- Currently, an employee only qualifies for SSP if they earn £125 or more a week. Under the new system, all employees will be entitled to receive SSP, regardless of how much they earn. Employees will receive either 80% of their average weekly earnings or the flat rate, currently £118.75 a week, whichever is lower.
- Statutory sick pay will also be payable from day one of absence, rather than from the fourth day, as it is under current rules. While there been some concern about this leading to an increase in people taking sick days, it does not impact an employer's ability to effectively manage absence. Employers and employees should still work together to deal with root causes of work-related absence and focus on reducing absence by promoting a healthy working environment.
- Trade union recognition and the code of practice will be simplified including amendments to electronic and workplace balloting such as changing how a trade union can gain recognition in workplace and allowing workers to vote using electronic means.
October 2026
- Fire and Rehire practices will be limited:
- also known as “Dismissal and Re-engagement” where changes need to be made to the employee’s contract, and they are dismissed and then re-employed on the newer, less lucrative contract.
- The statutory code on the practice, introduced in April 2024, sought to clarify that it should only be used as a last resort and that employers should contact ACAS for advice before raising the prospects of dismissal and re-engagement with their employees. The details of the new law will only be fully known after the planned consultation, but the government's intention is to find a balance between restricting the use of fire and rehire while still enabling businesses to restructure to remain viable and preserving their workforce and the company where there is genuinely no alternative.
- Alongside the updated law on dismissal re-engagement, the government intend to issue a revised code of practice.
- The Fair Pay Agreement Adult Social Care Negotiating Body will be established:
- The regulations will include what it will do and how it will work in practice. Work on shaping these regulations has already begun as a working group was set up at the end of 2024 to gather feedback on the proposal.
- A 2 tier code for procurement will be introduced:
- This will set out measures to avoid the emergence of a workforce consisting of both ex-public sector employees and private sector employees with each group on different terms and conditions.
- This will be governed by regulations and a statutory code of practice
- The laws on “tipping” (for Café’s, restaurants etc) will be tightened to give employees more control:
- employers must consult with their workers or their representatives before creating a tipping policy for the workplace.
- The Act also requires that these policies are reviewed every three years.
- All workers must be told about their right to join a Trade Union:
- This should be issued alongside their written statement of employment particulars on or before someone's first day of employment. and regular notifications made to all employees to increase awareness of this right, although how often and how it should be provided will be confirmed in further regulations.
- Revised contracts containing this are on the Parish HR pages, however if you already have your own contract set up, you could simply add a clause into the "Collective Agreements" section which says, "You have the right to join a Trade Union at any point during your employment with us. If you do join a Trade Union, please let HR know so that they keep this information on file if needed"
- Trade Unions right of access to workplaces will be strengthened:
- This will include the introduction of a framework for access agreements between an employer and trade union. This would permit a union to request access rights from the employer for specific purposes such as meeting, supporting, representing, recruiting or organising workers or to facilitate collective bargaining
- There will be new rights for Trade Union Representatives:
- This includes a right to reasonable accommodation and facilities for trade union representatives when carrying out their duties, and a right to time off for union equality representatives to carry out relevant duties.
- Extensions to the protection of facing detriment for those who engage in Industrial action:
- Workers taking industrial action will be protected not just from dismissal, but poor treatment short of dismissal. This applies to workers who are treated poorly for the sole or main purpose of preventing or deterring the worker from taking protected industrial action or penalising the worker for doing so.
- Employers to take “ALL reasonable steps” to prevent sexual harassment in the workplace and an obligation to prevent sexual harassment by third-parties:
- Information about this is on the “Current Law Changes” page, including template documents and information about the provision of free eLearning on this subject
- A new amendment to the bill since the roadmap was published will void clauses in non-disclosure agreements, or NDAs, that would prevent workers from alleging or disclosing relevant work-related harassment or discrimination.
- Employment Tribunal time limits will be increased from 3 months, to 6 months, meaning employees have longer to prepare their cases:
- The 6 month time limit means that both sides will have more time to take legal advice on the strength their case. For employers, this will mean that retention policies under GDPR may need to be amended, as records may need to be kept for longer under the new rules.
- You may also find it helpful to understand that where a breach has occurred whether it relates to the Equality Act or issues with not applying relevant law policies, if you are taken to an employment tribunal by your employee/ ex-employee, even if you win the case, it is highly unlikely that the court will order the claimant to pay your court costs. Therefore, when you get to this point, you will need to consider the cost benefit of going to a tribunal versus a settlement agreement, even if you believe it to be unfair or based on lies, you will still not get your legal fees etc refunded to you.
- Along with the unfair dismissal day 1 right which is due in October 2027, this will affect how quickly employment tribunals are dealt with. This could end up being 4-5 years after the initial claim has been filed.
- One thing that is really important is if you receive a claim form that someone has submitted a tribunal claim, whether or not you agree with what has been said, you absolutely must respond within the date on the form, even if you just say that you disagree with it. You can fully prepare to defend your case after this. If you don’t respond to the original claim form, the judge will automatically rule against you even if you dispute it, and you will not be able to attend the hearing, nor defend your claim.
- Mandatory Seafarers Charter:
- One part of the Act that will not follow the usual timeline of changes in either April or October, and that is the mandatory Seafarers Charter. This is expected to take effect in December 2026 and is set to specific legislation, but intended to set higher standards for seafarers on services regularly calling at UK ports. The protections for seafarers include ensuring fair pay, job security, adequate rest breaks, and higher levels of health and safety.
- The Department of Transport will issue a consultation to gather views from people in the industry and the unions that work with the industry on how these new powers can be best implemented.