The Employment Rights Bill 2025 introduces significant changes that health and safety managers need to understand and prepare for. Here are the ten most practical issues that will directly impact your daily role and how to manage them effectively.

1. Guaranteed hours for zero-hour workers

The Bill mandates that zero-hour workers must be offered guaranteed hours based on the average hours worked over a reference period, likely 12 weeks. This means:

Increased administrative burden: Accurately track working hours and update contracts regularly.

Staffing adjustments: Be prepared for more stable shift patterns and reduced last-minute changes.

Action: Implement robust time-tracking systems to ensure compliance and minimise disputes.

2. Shift notice requirements and compensation for cancelled shifts

Workers on zero-hour and minimum-hour contracts must receive reasonable notice for shifts, and compensation if shifts are cancelled or moved at short notice.

Challenge: Maintaining safety coverage if shifts are adjusted or cancelled.

Tip: Develop clear protocols to manage last-minute changes without compromising safety.

Action: Set up reliable communication channels to notify workers promptly and ensure adequate cover.

3. Enhanced protections for whistleblowers

Stronger protections for whistleblowers, especially regarding sexual harassment, mean that:

Safe reporting culture: Foster a supportive environment where employees feel safe to speak up.

Confidentiality: Protect whistleblowers’ identities to prevent retaliation.

Action: Train managers on handling complaints sensitively and document every step of the process.

4. Day one rights for leave and SSP

Statutory Sick Pay (SSP), parental, paternity, and bereavement leave are now day one rights.

Challenge: Managing unexpected absences without compromising safety.

Tip: Create contingency plans for critical roles.

Action: Update absence policies and ensure all new hires are informed of their rights from the start.

5. Stricter enforcement of holiday pay and record-keeping

Holiday pay must include all regular earnings, including overtime and commission.

Compliance focus: Maintain accurate records of holiday entitlement and pay calculations.

Auditable records: Be prepared for inspections.

Action: Implement automated systems to calculate and document holiday pay accurately.

6. Managing industrial action

The notice period for industrial action has been reduced from 14 to 10 days.

A more rapid response needed: Prepare contingency plans to cover safety-critical roles during strikes.

Safety assurance: Brief remaining staff on maintaining safety standards during disruptions.

Action: Develop a crisis management plan specifically for industrial action scenarios.

7. Enhanced trade union rights

Unions now have stronger workplace access and digital engagement rights, along with simplified recognition processes.

Workforce collaboration: Engage with union representatives regularly to discuss safety concerns.

Access coordination: Ensure union visits do not disrupt safety protocols.

Action: Designate safe meeting areas and train managers to facilitate union engagement professionally.

8. Stricter record-keeping and the Fair Work Agency

The new Fair Work Agency will actively enforce labour standards, including accurate record-keeping for holiday pay and safety training.

Increased scrutiny: Be prepared for more frequent inspections.

Robust documentation: Maintain comprehensive and easily accessible safety records.

Action: Conduct regular internal audits to ensure all safety documentation is up-to-date and compliant.

9. Right to disconnect and surveillance regulations

Consultations are underway on regulating workplace surveillance and establishing the right to disconnect.

Balance safety and privacy: Use surveillance responsibly, focusing on areas where safety is a genuine concern.

Respect personal time: Clearly define when employees are not expected to be available.

Action: Draft clear policies on digital surveillance and ensure staff understand their right to disconnect.

10. Equality Action Plans and pay gap reporting

Large employers must develop Equality Action Plans, with disability and race pay gap reporting to follow.

Inclusive safety policies: Ensure that health and safety measures do not inadvertently disadvantage minority or disabled workers.

Data-driven planning: Regularly review demographic data related to safety training and role allocation.

Action: Collaborate with HR to develop inclusive safety initiatives and address any identified disparities.

Join our upcoming webinar on the Employment Rights Bill on Wednesday 23 April at midday UK time.