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Saturday, March 14, 2026

The Employment Rights Act 2025 - Freeths

While a particularly controversial aspect of the Employment Rights Bill (unfair dismissal rights from day 1 of employment) received considerable attention (and was ultimately diluted down to a six month qualifying date) there are many other aspects of the Bill, now the Employment Rights Act 2025, which employers need to be aware of and, in some cases, take action, particularly around employee policies. Here is a summary of what the Act means from the employer’s perspective covering employee and trade union rights.

Trade union rights

The Act will see trade union rights strengthened, in particular;

  • Lower threshold for statutory recognition
  • Statutory right of access to the workplace
  • Repeal of the Trade Union Act 2016 and the Strikes (Minimum Service Levels) Act 2023
  • Lower threshold for industrial action
  • Requirement to include right to join a trade union within s1 statement of particulars

The reforms will make it easier for trade unions to have access to workplaces and organise industrial action.

Employers should update any relevant policies and provide training for managers. They may also wish to commence discussions with trade unions ahead of the changes being implemented.

Increased compliance burden

Employers should update HR policies and processes to reflect new day-one rights such as:

  • Statutory Sick Pay from day one (with no lower earnings limit)
  • Immediate eligibility for paternity and unpaid parental leave
  • Expanded bereavement leave provisions

Payroll systems,...



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