On 27 May 2025, VinciWorks was proud to be part of a fascinating discussion on the health and safety aspects of the forthcoming Employment Rights Bill with IOSH. This webinar was hosted by the Institution of Occupational Safety and Health (IOSH), and we were thrilled to be joined by Ruth Wilkinson, Head of Policy and Public Affairs at IOSH.
In this webinar, we explored the sweeping changes to health and safety compliance that will result from the forthcoming Employment Rights Bill (ERB). The Bill represents the most significant transformation in UK employment law in a generation. The legislation covers everything from guaranteed hours and day-one rights to whistleblower protections, workplace surveillance and a new Fair Work Agency.
While many professionals might assume this legislation is just for HR and legal teams, the reality is it has major implications for health and safety management. From risk assessments and shift planning to fatigue prevention and harassment protocols, H&S professionals must be ready to adjust their policies and procedures. This FAQ distils key points from our webinar and answers the most pressing questions H&S professionals are asking right now.
Frequently Asked Questions on the Employment Rights Bill
What’s the link between the Employment Rights Bill and health and safety?
The ERB reshapes several foundational aspects of work including predictable shifts, whistleblower protections, worker status, and harassment prevention. All of these changes affect workplace safety, staffing, and compliance culture. H&S leaders need to work hand-in-hand with HR and operations to ensure that the new rules are implemented in a way that maintains or improves safety standards.
What is the impact of guaranteed hours on H&S?
The introduction of guaranteed hours after a 12-week reference period for zero-hours workers will have a positive impact on health and safety across many workplaces. Once employers are required to offer consistent hours to workers who regularly work set patterns, it reduces the risk of last-minute understaffing which a common issue that can lead to safety lapses, especially in safety-critical roles. To comply, businesses will need robust time-tracking systems, and health and safety professionals will play a key role in advising which roles cannot be left short-staffed without creating risk. This makes shift planning not just a resourcing issue but a safety one too, with H&S input vital to maintaining safe levels of coverage.
What changes are coming to shift cancellation and notice?
Under the Employment Rights Bill, employers will need to provide reasonable notice of shifts and compensate workers for late cancellations. This will encourage more structured and reliable staff rostering, reducing the unpredictability that can undermine safe operations. With greater advance notice, employers can plan safer staffing levels, reduce overwork, and minimise last-minute scrambles that increase risk. However, this shift also brings new operational challenges, especially for sectors that rely on short-notice flexibility. Health and safety teams will need to factor these changes into their risk assessments to ensure that emergency response or urgent cover needs don’t conflict with the new rights.
How does the Bill change whistleblowing rules?
The Employment Rights Bill strengthens whistleblower protections by expanding what qualifies as a protected disclosure, which will explicitly including sexual harassment and similar issues affecting workplace safety and dignity. For health and safety teams, this change reinforces the need to ensure there are clear, confidential channels for reporting concerns, including anonymous options. Whistleblowing must be integrated into safety training and policy, with a culture that reassures workers they can speak up without fear. Managers must be trained not only to avoid retaliation but also to follow through effectively and transparently when reports are made.
What documentation should H&S teams have ready for the Fair Work Agency?
With the creation of the Fair Work Agency and its investigatory powers, employers will need to maintain comprehensive records that go beyond traditional safety documentation. Inspectors may ask to see time and attendance logs, records of holiday and sick pay, and documentation around shift changes and cancellations. Health and safety teams should also be ready to provide risk assessments, incident reports, and training records, especially where agency or temporary staff are involved. Importantly, documentation related to whistleblower reports and how they were handled will also fall under scrutiny, reflecting the Bill’s emphasis on accountability and fair treatment.
What does the ERB say about sexual harassment?
The Bill builds on the Worker Protection Act 2023 by introducing a statutory duty for employers to take all reasonable steps to prevent sexual harassment. It also introduces liability for third-party harassment, such as by clients, and confirms that confidentiality clauses (NDAs) cannot be used to silence victims. Crucially, disclosures about harassment will be classed as protected disclosures under whistleblowing law. This expanded framework means health and safety professionals have a direct role in assessing environmental and procedural risks, including how workplace layout, lone working, or client interaction might increase the risk of harassment. Proactive planning and prevention are now legal obligations, not just ethical considerations.
What’s the ‘right to disconnect’ and why does it matter?
Although not yet law, the Employment Rights Bill will trigger a formal consultation on the ‘right to disconnect.’ This is the principle that workers should not be expected to engage in work-related communications outside of their agreed hours. From a health and safety perspective, this matters because it touches directly on mental health, fatigue, and burnout. Employers should begin preparing by clarifying boundaries around availability, discouraging after-hours messaging, and fostering a culture that supports genuine rest. Recognising the impact of overwork on safety and wellbeing is essential, and health and safety teams should be involved in shaping policies and messaging.
How should H&S teams approach surveillance under the ERB?
While the Bill itself does not yet change the legal rules around surveillance, it does announce a future government consultation on workplace monitoring technologies including CCTV, tracking software, and wearable devices. In the meantime, health and safety professionals should review how existing surveillance is being used. Any monitoring must be proportionate, necessary, and clearly communicated through appropriate policies. Surveillance aimed at protecting lone workers or maintaining safety standards must be balanced against privacy concerns, and it is essential to involve staff or unions before implementing new technologies. The direction of travel is clear: employers must justify surveillance within a broader ethical and legal framework.
What training should we prioritise?
Training priorities will shift under the Bill’s new obligations. Line managers need immediate upskilling on the new day-one employment rights, whistleblower protection processes, and the handling of requests for predictable scheduling. The broader workforce needs clear training on what constitutes sexual harassment, how to report it, and how contract changes may affect their rights. Senior leadership should be brought into the loop early, particularly if compliance requires new systems, budgeting for sick pay, or investment in scheduling and recordkeeping tools. Without buy-in at all levels, the risk of inconsistent or superficial compliance will rise.
What are the biggest compliance risks for H&S teams?
For health and safety teams, some of the most pressing compliance risks stem from failures in recordkeeping and integration with new legal standards. Not updating contracts or accurately tracking hours in light of guaranteed-hours rules can lead to tribunal claims. Similarly, poor whistleblowing systems, or a failure to train staff in how to use them, could expose the organisation to legal and reputational damage. The duty to prevent harassment creates further responsibility, especially in assessing risk factors and environmental conditions that enable misconduct. Finally, weak documentation and audit trails during inspections by the Fair Work Agency could undermine the credibility of even well-intentioned compliance efforts. Integration, planning, and clear lines of responsibility are essential.
Do you think that there will be amendment or replacement safety rep regs (both union and ROES)?
No, there are no provisions in the Employment Rights Bill to amend or replace the Safety Representatives and Safety Committees Regulations 1977 (for union-appointed reps) or the Health and Safety (Consultation with Employees) Regulations 1996 (for ROES – Representatives of Employee Safety).
What is then the focus of “fair” work and where does worker welfare sit in the relationship between “good” and “fair” work?
The Employment Rights Bill does not define “good work” or “fair work” in a technical or legal sense, but these terms are used in the political and policy context surrounding the Bill. While not a statutory term in the Bill, “good work” generally refers to well-designed work that considers the physical, mental, and contractual wellbeing of the worker.
It involves predictable hours, safe conditions, fair pay, autonomy, and work-life balance. The term aligns with previous UK policy documents like the Taylor Review of Modern Working Practices, which emphasised the need for work to be fulfilling, secure, and sustainable.
Worker welfare is the bridge between “good” and “fair” work. “Good work” focuses on how work is experienced by the individual (design, support, conditions). “Fair work” focuses on equity and justice in access to rights, enforcement, and legal protections. The Employment Rights Bill is primarily concerned with fair work, but its practical effect, things like more predictable work, better sick pay, and protection from exploitation, supports worker welfare, which is also a pillar of “good work”.
Will the ERB apply to all companies, regardless of number of employees? Thinking of very small companies that have less than 5 employees.
Yes, the Employment Rights Bill (ERB) will apply to all companies regardless of size, including those with fewer than five employees. The only notable size-based exemption in the Bill is in Clause 26, which relates to Equality Action Plans. Employers with 250 or more employees may be required to publish plans addressing gender pay gaps and menopause support. This exemption is designed to limit administrative burden on small businesses, but it applies only to that one provision.
What are the impacts for contract workers as many of those who work inside IR35 end up paying the employers costs that traditionally would be absorbed by companies who employ permanent staff e.g. as a contractor inside IR35. the contractor pays the apprenticeship levy cost but not the company
No, the Employment Rights Bill does not address IR35 arrangements or the treatment of contractors working inside IR35. It does not change tax status rules or liability for employer costs such as the Apprenticeship Levy.
IR35 is part of UK tax legislation (specifically the Off-Payroll Working Rules), not employment law. It determines whether a contractor working through an intermediary (like a personal service company) is treated as an employee for tax purposes.
The Apprenticeship Levy is also a tax obligation. It is paid by employers with a wage bill over £3 million and is not affected by this Bill.
Contractors working “inside IR35” may pay tax similarly to employees but do not gain employee rights unless their actual working relationship meets the legal test for “employee” or “worker” status. The ERB does not change how employment status is determined, nor does it address employer liabilities passed on to contractors under inside-IR35 arrangements.
Will Employment tribunal service still exist for notice appeals?
Yes, the Employment Tribunal Service will continue to exist and will remain the primary forum for resolving employment disputes, including those related to notice periods.
Employees will retain the right to appeal issues related to notice periods through the Employment Tribunal Service. The ERB’s provisions enhance this process by clarifying grounds for appeal. The Bill sets out permitted grounds for appealing certain enforcement actions, such as underpayment notices, within 28 days.
Amendments to the Bill require employment tribunals to make mandatory declarations of their findings where certain workers’ rights around notice of shifts have been breached .
Should any changes of law be adapted to reflect small firms and start ups?
The Employment Rights Bill does not generally adapt its provisions to reflect the size of the business, meaning that the vast majority of new rights and obligations will apply equally to small firms and start-ups as they do to large employers. This includes key reforms such as day-one unfair dismissal protection, sick pay from the first day of illness, predictable working hours for zero-hours staff, and expanded protections from harassment. The reasoning behind this approach, as expressed in government briefing documents, is to avoid a two-tier system in which workers in smaller firms have fewer protections simply because of their employer’s size.
However, there are limited exceptions. For example, the requirement to publish gender equality action plans applies only to organisations with 250 or more employees. This exemption was deliberately included to avoid placing disproportionate administrative burdens on micro and small businesses. But aside from that, the Bill’s core structure is designed to promote consistency and fairness across the entire economy, regardless of company size.
That said, the government has acknowledged concerns from small businesses and promised that the implementation of the Bill will be supported by guidance, clear regulations, and sufficient lead-in time. There is also an ongoing discussion in the policy space about the role of the new Fair Work Agency in helping smaller employers comply without unnecessary bureaucracy. Nevertheless, the Bill takes the position that basic employment protections should apply to all workers — whether they’re employed by a tech start-up with five staff or a multinational corporation.
Who FWA would report to/regulated by?
The Fair Work Agency (FWA), as proposed in the Employment Rights Bill, would be established as a statutory body reporting to the Secretary of State for Business and Trade. The Bill gives the Secretary of State broad powers to set up and oversee the Agency, including appointing its leadership, defining its powers, and issuing guidance. While the FWA would operate independently in terms of enforcement decisions, its structure and remit would ultimately be governed by the Secretary of State through secondary legislation.
The Agency is not proposed to be regulated by an external or independent oversight body in the way that, for example, Ofsted or the HSE are overseen through statutory boards with greater separation. Instead, it would fall under ministerial accountability to Parliament, and its powers would be set out and adjusted by regulations made under the Bill. The detail of how it would be operationally run is expected to be fleshed out in those future regulations, but at this stage, the draft Bill confirms that the FWA would be a central government-sponsored enforcement body under ministerial control.
How do SMEs with say 10 – 15 staff working direct for a business owner deal with this if the employee feels they cannot approach the owner?
The Employment Rights Bill strengthens protections for whistleblowers but does not mandate specific infrastructure such as confidential hotlines or independent reporting channels, even for larger firms. The core legal requirement is that workers must not be subjected to detriment or dismissal for making a protected disclosure, and that disclosures relating to matters such as sexual harassment or serious wrongdoing are explicitly recognised as protected.
For SMEs with 10–15 staff, especially where the business owner is closely involved in daily operations, the challenge is clear: how can an employee safely report a concern if the issue involves or is perceived to involve the owner? The Bill does not create separate obligations or exemptions for small businesses in this area. However, the duty to protect whistleblowers applies equally to all employers, regardless of size.
In practical terms, small businesses are encouraged to establish basic written policies that make it clear what types of concerns can be raised, how they will be handled, and who within the business (or externally, such as an accountant, HR consultant, or trade body) can receive them. Some SMEs use a third-party provider or an industry helpline as a neutral reporting route. Others assign an alternative senior person — even someone external — as a designated recipient for whistleblowing disclosures.
Ultimately, the law doesn’t require small firms to build full-scale whistleblowing systems, but it does require them to ensure that staff feel safe to report wrongdoing without fear of retaliation. Failing to do so, even in a small team, may expose the business to legal claims under whistleblowing law.
How will this legislation affect an organization that is probably 80% dependant upon volunteers, the remaining 20% is based upon use of contractors.
The Employment Rights Bill will have limited direct impact on organisations that rely primarily on volunteers and contractors, because most of its provisions apply only to individuals with “employee” or “worker” status under employment law. Volunteers, by definition, are not covered by employment legislation unless they are in fact performing duties under conditions that would legally classify them as workers. For example, if they are obliged to turn up, work set hours, or receive payment beyond genuine reimbursement of expenses. If volunteers are correctly classified, then the new rights introduced in the Bill such as sick pay, unfair dismissal protection, or predictable shifts would not apply.
Contractors are also generally excluded from most employment rights unless their working arrangements reflect those of a worker or employee in practice. However, the Bill does reinforce the government’s intention to improve enforcement around employment status misclassification. The creation of the Fair Work Agency will give regulators additional tools to investigate whether people classified as contractors should in fact be treated as workers or employees entitled to the full set of employment rights.
So while the Bill won’t impose obligations on organisations purely because they use volunteers or contractors, it does raise the stakes if any of those individuals could be legally considered workers or employees. It’s especially important for such organisations to review their contracts, expectations, and payment arrangements to ensure that classifications are accurate.
If the company has robust procedures to manage hours/shifts/whistleblowing which are managed by HR do H&S need any official role or notification being involved in the management of these procedures or so long as we know there are these robust procedures in place this would be sufficient?
The Employment Rights Bill does not impose a formal legal requirement for health and safety (H&S) teams to be directly involved in managing procedures for hours, shifts, or whistleblowing, as long as those procedures are compliant and effectively managed — typically by HR or senior leadership. However, while there is no official statutory duty for H&S involvement, the nature of the changes introduced by the Bill makes it clear that H&S professionals have a significant stake in how these policies are implemented.
Predictable working hours, shift notice, and fair treatment directly affect fatigue, staffing levels, mental health, and overall safety culture. Likewise, whistleblowing protections now explicitly cover disclosures about sexual harassment and could include safety concerns. If H&S teams are not engaged, they risk being unaware of patterns or practices that could compromise workplace safety.
Therefore, while it may be sufficient legally for H&S simply to be aware that robust procedures exist, from a best practice and risk management perspective, H&S should be actively consulted or at least informed, particularly where the systems intersect with safety-critical operations. The Bill pushes towards integrated responsibility across HR, H&S, and leadership, even if it doesn’t mandate it in black and white.
What happens when an employee is on a zero hours contract and they pick when they work. No two weeks are the same?
The Employment Rights Bill directly addresses this situation by introducing a new right for workers on zero hours contracts to request a more predictable working pattern after 12 weeks of employment. Even if the employee currently chooses when to work and has no fixed schedule, the law recognises that ongoing unpredictability can be a source of insecurity especially when workers rely on that income.
Under the new regime, after 12 weeks, a zero hours worker will be able to request guaranteed hours or a more regular pattern, reflecting what they have typically worked. The employer is not automatically obliged to grant the request, but they must consider it reasonably and respond within a set time period. This gives workers some leverage to move away from total unpredictability while still allowing flexibility where both parties prefer it.
If the worker genuinely wants to keep choosing shifts week to week and is not seeking predictability, they don’t have to use this right. But the point of the Bill is to create a floor of security and the opportunity for regularity where desired.
Are there transitional arrangements or grace periods for businesses to become compliant?
The Employment Rights Bill does not set out detailed transitional arrangements or grace periods within the text of the legislation itself. However, government guidance accompanying the Bill confirms that most reforms will not take effect before 2026, and that further regulations and codes of practice will be issued after Royal Assent to support implementation.
The government has stated that it is committed to giving businesses adequate time to prepare and adjust. In practice, this means there will be a phased approach, with consultations taking place on how specific provisions should be rolled out, and guidance published to help employers comply.
So while there is no formal grace period written into the legislation, there will be a window between Royal Assent and the commencement of most provisions, during which businesses can review their policies, train staff, and make any necessary contractual or operational changes.
Does the zero hour arrangement work in the same way for agencies?
Yes, the Employment Rights Bill extends the new protections around zero hours arrangements to agency workers as well. Agency workers will have similar rights to request a more predictable working pattern after 12 weeks of continuous engagement. The intention is to ensure parity between directly employed zero-hours workers and those working through agencies who face the same insecurity and variability in shifts.
Agency workers must have a formal contract with the agency, and after the qualifying period, they will be able to ask for a contract that better reflects the reality of their working pattern. The agency (as the employer) will have a duty to respond reasonably to such a request. This mirrors the process for other workers under the Bill. The key point is that the rights are based on the pattern of actual work done, not on how variable the original contract claimed the work would be.
So yes, while the structure may be different due to the involvement of an agency, the right to request guaranteed or predictable hours applies in the same way after 12 weeks.
Does this employment regs apply to Scotland. If not is there a prospect of a Scottish version?
Yes, the vast majority of the Employment Rights Bill applies to Scotland. Employment law is a reserved matter under the UK constitution, meaning that legislation passed by the UK Parliament, such as the Employment Rights Bill, extends to Scotland. Consequently, Scottish workers and employers will be subject to the Bill’s provisions, including reforms like day-one unfair dismissal rights, enhanced sick pay, and protections against exploitative zero-hours contracts.
Chapter 1 of Part 3 of the Bill (on pay and conditions for school support staff) does not apply to Scotland. All other parts of the Bill apply to Scotland, either in their entirety or with limited exceptions.
Does the Employment Rights Bill apply in Northern Ireland?
Largely no. Most provisions of the Bill do not apply to Northern Ireland. Employment law is a devolved matter in Northern Ireland, meaning their own Assembly legislates on these issues. The Employment Rights Bill is primarily for Great Britain (England, Wales, and Scotland). For example, the changes to sick pay, unfair dismissal, leave entitlements, etc., are for GB workers. Northern Ireland has its own parallel laws which are not automatically changed by this Bill.
There are a few exceptions where the Bill’s measures have UK-wide effect. Notably, some of the trade union and industrial action provisions extend to Northern Ireland (for instance, repeal of the 2023 Act and some of the 2016 Act changes may cover NI if those Acts applied UK-wide). Also, any maritime or transport-related provisions could cover NI in practice. But as a rule, the bulk of the Bill (Parts 1, 2, and 4 concerning employment rights and unions) is limited to GB.
So, if you’re a health and safety professional in Northern Ireland, it’s important to know that this Bill’s new rights (day-one unfair dismissal, sick pay changes, etc.) will not automatically apply in NI. Northern Ireland would need to enact similar legislation through its own legislative process for these changes to take effect there.
Are there changes to the rights of employees to refuse unsafe work under the new legislation?
No, the Employment Rights Bill does not introduce new rights for employees to refuse unsafe work. Existing protections under the Employment Rights Act 1996 remain unchanged.
Under Section 44 of the Employment Rights Act 1996, workers have the right not to be subjected to any detriment if they leave or refuse to return to work in circumstances where they reasonably believe there is a serious and imminent danger. Section 100 provides that any dismissal in these circumstances is automatically unfair. These protections apply to all workers, including those on atypical contracts, and do not require a qualifying period of employment.
While the Employment Rights Bill enhances various employment protections, such as day-one rights for unfair dismissal and sick pay, it does not modify the existing legal framework regarding the refusal of unsafe work. Employers are still obligated to ensure a safe working environment, and workers retain the right to refuse work if they believe there is a serious and imminent danger.
Will the risk assessment for preventing sexual harassment be included in Employment Law policies, or should the H&S Policy include this?
The Employment Rights Bill strengthens the duty on employers to take “all reasonable steps” to prevent sexual harassment in the workplace, building on the Worker Protection Act 2023. However, it does not specify where this duty should sit within internal company documentation.
In practice, the answer depends on how the organisation structures its governance. Since sexual harassment is both a legal compliance issue and a workplace safety risk, particularly affecting psychological safety. It is advisable for employers to address it in both their employment-related policies (e.g. dignity at work, grievance, whistleblowing) and in their health and safety framework. Plus, there should be a standalone sexual harassment policy.
Which takes priority for CCTV, security needs or safety regulations/legislation?
The Employment Rights Bill does not introduce new provisions that would alter the legal hierarchy between security needs and safety regulations when it comes to CCTV use. However, it does anticipate a government consultation on the use of surveillance and monitoring technologies in the workplace. Until any new rules emerge from that process, current legislation still applies.
Currently, CCTV must comply with both data protection law (primarily the UK GDPR and Data Protection Act 2018) and health and safety regulations, where relevant. Neither area automatically takes priority. Employers must balance the two.
If CCTV is being used to monitor for security purposes, such as preventing theft or unauthorised access, the justification must meet data protection principles of necessity, proportionality, and transparency. If it is used to support health and safety; for example, to monitor lone workers or dangerous machinery, this can be a stronger justification, but the same data protection obligations still apply.
In effect, safety and security must be weighed together, and whichever use is more relevant must be clearly stated, proportionate, and supported by a privacy impact assessment. Over-monitoring or covert surveillance may breach privacy law even if safety or security is cited as the rationale.
Care workers who don’t get paid for commute times between clients, would this proposed legislation mandate payment for commute times.
The Employment Rights Bill does not introduce new provisions mandating payment for commute times between clients for care workers. However, existing UK legislation already requires that time spent traveling between clients during the workday is considered working time and must be compensated.
Under the National Minimum Wage Regulations 2015, time spent traveling between appointments is classified as working time. Employers must ensure that care workers are paid at least the national minimum wage for all hours worked, including travel time between clients. Failure to do so may result in the worker’s average hourly pay falling below the legal minimum, which is a violation of the law.
Despite these regulations, surveys indicate that a significant number of care workers are not being paid for travel time between visits, leading to underpayment and potential legal issues for employers. The Employment Rights Bill does not specifically address this issue, but it does propose the establishment of a Fair Work Agency, which would have the authority to enforce existing employment laws, including those related to minimum wage compliance.
With regard to a Sexual Harassment Policy, does this need to be a stand alone document or can it be incorporated within an existing policy e.g. anti-harassment and bullying policy?
The Employment Rights Bill will require employers to take “all reasonable steps” to prevent sexual harassment in the workplace. While the Bill itself doesn’t specify exactly what those steps must include, the government has confirmed that further regulations will be introduced to define this more precisely.
Under the existing Worker Protection Act, good practice already points towards having a stand-alone sexual harassment policy. This allows employers to clearly set out expectations, define unacceptable behaviour, outline reporting routes, and demonstrate their commitment to prevention. It is widely expected that the forthcoming regulations under the Employment Rights Bill will codify this standard, making a dedicated sexual harassment policy not just best practice, but potentially a formal requirement.
There are often difficulties with HE collaborating with the H&S professionals on ‘shared’ areas of responsibilities such as those related to wellbeing, and the links between psychosocial risks to traditional H&S. What are your shared views on this?
The Employment Rights Bill doesn’t legislate directly on the internal structure of how responsibilities are shared between HR and Health & Safety teams, but it does mark a clear shift in how legal duties, particularly around wellbeing, harassment, and fair work, intersect with traditional health and safety concerns. The growing legal focus on psychosocial risks, such as workplace harassment, fatigue, overwork, and mental distress, pushes these issues squarely into the joint territory of HR and H&S.
Psychosocial risks are no longer viewed as “soft” or optional wellbeing add-ons; they are increasingly treated as legitimate health and safety hazards. For example, the Bill strengthens duties around predictable working patterns, whistleblower protection, and sexual harassment prevention, all of which have direct implications for how safe and psychologically secure a workplace feels. While HR may lead on policy development or case management, H&S professionals have an essential role in identifying risks, building them into assessments, and ensuring a safe system of work.
The challenge often lies in siloed responsibilities: HR handles the person and policy, H&S handles the hazard and environment. But the Employment Rights Bill and the likely supporting regulations to come makes clear that these areas are deeply connected. Effective compliance now demands a more integrated approach. Both functions must understand each other’s priorities and legal duties, collaborate on risk assessment, and share ownership of outcomes. Whether it’s shift pattern design, harassment risk mitigation, or mental health strategy, these are no longer separate tracks. They are shared responsibilities, both legally and operationally.
Does the Bill change any trade union or industrial action laws?
Yes, very substantially. The Bill expands trade union rights and reverses a variety of legislation that has restricted union activity.
It repeals the Strikes (Minimum Service Levels) Act 2023 entirely. This means there will no longer be government-imposed minimum service requirements during strikes in sectors like transport or health.
It repeals most of the Trade Union Act 2016 provisions that had added hurdles for unions. For example, previous requirements like the 50% turnout threshold for strike ballots and restrictions on picketing are set to be rolled back. The Bill will “repeal the great majority” of that 2016 Act according to the government.
Strike mandates and notice periods: The Bill introduces a more worker-friendly regime by allowing strike ballot results to remain valid for 12 months, up from the current 6 months mandate, and shortening the required strike notice to 10 days, down from 14.
Union access and rights: The Bill strengthens unions’ ability to access workplaces and communicate with workers. Clause 46 creates a right for trade unions to access workplaces, including digitally, so they can speak to members and recruit. Clause 45 ensures workers are informed of their right to join a union.
Additionally, the Bill introduces new rights and protections for union representatives and broadens protections against blacklisting of union activists.
Are there new protections in the Bill for pregnant women and mothers returning from maternity leave against dismissal?
Yes. The Bill strengthens protections for women during and after pregnancy. Two clauses in particular are important.
Clause 20: Dismissal during pregnancy: This extends existing protections by making it clear that pregnant employees cannot be dismissed (not just not made redundant) during pregnancy except in exceptional circumstances. It empowers the government to prohibit or regulate any non-redundancy dismissals during the “protected period” of pregnancy.
Clause 21: Dismissal following maternity or other family leave: This clause protects new mothers (and others returning from adoption, shared parental, etc.) from being dismissed for a period after they come back to work. Specifically, it updates the law so that for six months after returning from maternity leave (and other relevant family leave), a mother cannot be dismissed unfairly just because she took that leave. This closes a loophole where previously only redundancy protection extended beyond return; now it covers dismissal more broadly.
When will businesses be required to implement these changes – does the Bill take effect immediately?
Most of these changes will not take effect right away; they will be phased in after the Bill becomes law. The Employment Rights Bill is still going through Parliament in 2025, and once it’s passed (receives Royal Assent), the provisions will commence on various dates set by the government. Many measures will require additional secondary legislation (regulations) and possibly consultations before they fully roll out. For example, complex areas like the zero-hours provisions and the new probation framework will need regulations and lead-in time.
In practical terms, employers will likely see these reforms coming into force in stages over late 2025 and 2026, rather than all at once. A government briefing indicated that implementing all the Bill’s measures will take some time – potentially a couple of years – to allow for proper guidance and adjustments. Some elements like expanded trade union rights are expected to come into force fairly quickly, likely within two months of Royal Assent, whereas others like the new Fair Work Agency or the day-one dismissal rights with probation are expected to come later after preparation.
So, businesses are not required to comply with the new provisions until they are officially commenced, and none of the new obligations will hit immediately upon passage. There will be advance notice through commencement regulations for each part. Nevertheless, it would be wise for employers and H&S professionals to start planning ahead for these changes now, but the legal duties themselves will likely kick in during 2025–26.
Next steps for health and safety professionals
Health and safety professionals should start preparing now for the changes introduced by the Employment Rights Bill, even before the full regulations come into force. Begin by reviewing how current H&S practices align with the Bill’s direction, particularly around predictable scheduling, workplace harassment prevention, and the overlap between psychosocial risks and traditional safety concerns.
Work with HR to map out areas of shared responsibility, such as whistleblowing, fatigue management, and lone working risks. Ensure your risk assessments reflect the legal obligation to prevent harassment, and that safety documentation is audit-ready in case of inspection by the Fair Work Agency.
If you haven’t already, conduct a gap analysis on training, recordkeeping, and reporting procedures. Strengthen internal reporting routes, particularly where issues may involve managers or owners, and consider how surveillance or monitoring is being used in safety-critical areas.
Finally, stay alert for further regulations and codes of practice, particularly those expected on sexual harassment prevention, the right to disconnect, and the structure of the Fair Work Agency. Health and safety professionals will have a key role in delivering integrated compliance. Now is the time to get ahead of the curve.
Review current policies and procedures
Ensure your H&S policies address the psychosocial risks flagged by the Bill, including fatigue, stress, harassment, and unpredictable working hours.
Update risk assessments
Incorporate sexual harassment and other psychosocial hazards into existing workplace risk assessments, especially in lone working or client-facing environments.
Coordinate with HR and leadership
Clarify responsibilities for shared areas such as whistleblowing, scheduling, and wellbeing to ensure joined-up compliance.
Audit documentation
Prepare records such as time logs, sick pay records, training history, and whistleblowing responses for potential Fair Work Agency inspection.
Strengthen reporting mechanisms
Confirm that whistleblowing and incident reporting channels are confidential, clearly communicated, and accessible to all staff.
Evaluate training needs
Identify who needs training on the new duties — particularly line managers — and update onboarding and refresher training content accordingly.
Assess use of surveillance
Review how technologies like CCTV or trackers are used for safety, ensuring they are justified, proportionate, and documented.
Monitor developments
Stay updated on forthcoming regulations and guidance, especially on harassment prevention and the right to disconnect.
Engage staff early
Communicate upcoming changes to staff, reinforcing your role in ensuring a safe and fair workplace under the new legal framework.
Plan for implementation
Use the lead-in time before the Bill takes effect to test and refine processes, close compliance gaps, and demonstrate proactive leadership on workplace safety and wellbeing.
