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Sunday, November 23, 2025

Employment Rights Bill: What don’t we know? - Lewis Silkin

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The Employment Rights Bill promises sweeping reform of British employment law, yet many important details remain uncertain. This article highlights 10 key areas of uncertainty, why these matter to employers and expected next steps.

The Employment Rights Bill (ERB) is scheduled to return to Parliament this week, where it will undergo further scrutiny and debate. The House of Lords has proposed several significant amendments, including changes to the proposed “day one” right to claim unfair dismissal. The House of Commons will need to consider which of these (if any) to accept. Once the final version is agreed, the ERB will receive Royal Assent and become the Employment Rights Act. However, many of its substantive provisions are not expected to take effect until at least 2026 and some, including day one unfair dismissal rights, are expected to be delayed until 2027. Much of the detail of the reforms will be set out in secondary legislation, which will be subject to phased consultation and implementation. As a result, employers face a prolonged period of uncertainty and will need to monitor developments closely.

This article highlights the top 10 areas where the ERB remains silent or very high level, leaving employers without the clarity they need to prepare for the upcoming changes. For more detailed information, please see our dashboard which tracks the headline reforms and their anticipated implementation dates.

One - Day one unfair dismissal

Abolishing the current...



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