In the first episode of Bellevue Law’s new podcast series, The Bellevue Brief, Associate Anjali Malik and Head of Legal Practice Susanne Hartigan explore what to expect from the Employment Rights Bill (ERB), which is being hailed as the biggest overhaul of UK employment law in a generation.
You can watch and/or listen to their episode here: Bellevue Law | Instagram | Linktree
With the ERB nearing the end of its parliamentary journey, Anjali and Susanne break down three key changes that are coming down the track ,and what employers and HR teams can be doing now to prepare.
Unfair Dismissal: A Day-One Right
In one of the ERB’s headline changes, workers will enjoy protections against unfair dismissal from their very first day of employment. These changes aren’t expected to come into force until 2027.
Currently, unfair dismissal protections don’t apply until an individual reaches two years of service (save for some limited exceptions).
‘The two-year requirement is going,’ Anjali explains, ‘meaning [protection from] unfair dismissal will become a day one right—as long as a person has started work.‘ This dramatic shift reflects the Government’s push to remove what it calls an ‘arbitrary’ qualifying period, which workers must pass through before gaining employment protections.
Alongside plans, also contained in the Bill, to increase limitation periods for most Employment Tribunal claims from three to six months, the new day one rights will give many thousands more workers the right to bring claims against their employers. Quite how this will impact a Tribunal system already facing significant administrative backlogs remains to be seen…
A New ‘Initial Period’ of Employment
Whilst the two-year rule is on its way out, a new legal concept will be introduced instead: an ‘initial period of employment’ (IPE), potentially lasting for nine months or so. During this timeframe, employers will have the option of using a ‘lighter touch’ process for most dismissals – including capability and conduct – but excluding redundancies, for which a full process will still need to be followed. ‘We’re anticipating regulations to define that lighter touch process,‘ Susanne explains in The Bellevue Brief, but current details are extremely limited.
Employment NDAs Under the Microscope
The ERB also tackles the much-debated use of non-disclosure agreements (NDAs) in employment situations. Whilst, traditionally, such agreements have been used to protect commercially sensitive details, their use also extends to the employment sphere – including frequently (and at times controversially) where an employee signs a settlement agreement. Such mechanisms have come under increasing scrutiny in the post #MeToo era, with the work of charities like Can’t Buy My Silence calling attention to concerns about the silencing of victims of workplace wrongdoing.
Employers currently have wide discretion about the topics which can be subject to an NDA with an employee, with some limited exceptions. That will soon change under the ERB. As Anjali explains, new provisions under the Bill (due to take effect in October 2026) will ‘void NDAs that stop workers from speaking out about harassment or discrimination‘. Misconduct, failure to investigate and retaliation are just some of the behaviours that employers may no longer be able to prevent staff discussing via an NDA, provided the incidents happened in a harassing or discriminatory context. This is a really key change for the way some employers have traditionally managed risk – one that makes prioritising a positive workplace culture all the more important, to minimise the risk of such behaviour in the first place, and address it appropriately when it occurs.
What if an employee wanted a guarantee of confidentiality from their employer, however? Well, it looks like the government may make provision to address this. The Bill introduces the idea of an ‘excepted agreement,’ which might allow NDAs only where requested by the worker. As Susanne points out, ‘we don’t have a definition of what that is yet.’ So the picture remains ambiguous for now – but watch this space for further developments.
Family-Friendly Rights Boosted
In a move that’s likely to be popular with employees, the ERB expands a variety of family-friendly rights. Paternity and unpaid parental leave will become day-one rights, aligning them with maternity and adoption leave, in what Anjali calls ‘a big step for equality in the workplace‘ that is expected to come into force in April 2026. (Only those who have been employed for 26 weeks or more are eligible for such statutory leave types under the current regime.)
Bereavement leave will no longer be limited to parents, as it’s being extended to cover a wider group of relationships – although we’re still awaiting regulations to define those relationships more clearly. One thing we do know is that, for the first time, unpaid leave for pregnancy loss before 24 weeks will become a statutory entitlement. ‘This change has been widely welcomed,’ Susanne says, though she notes the lack of paid leave is ‘a little bit disappointing’, as hopes had been high among some groups that this might have been built into the Bill’s framework. The timings for these changes also aren’t yet clear: we are awaiting consultations with implementation potentially due at some point in 2027.
Practical Steps for Employers
So what can employers do now to prepare for the Bill’s arrival?
‘Start by reviewing your recruitment and onboarding processes,‘ Anjali advises. ‘Make sure job descriptions are clear, interviews are thorough, and feedback is solid from the start.’
Susanne adds that now is the time to audit template documents for compliance, including standard settlement agreements, employment contracts, policies and confidentiality clauses. If changes are required, make them in good time before the relevant provisions come into force, leaving time to monitor and amend, as needed, without having to rush to meet a deadline.
Culture Matters More Than Ever
With NDAs potentially off the table, internal investigations and workplace culture take on an even more crucial role than they previously held. ‘If NDAs are being used to silence misconduct, that’s a broader workplace issue,’ Susanne warns. Employers should focus on openness, accountability, and clear reporting lines, to make sure that they are rooting out problems wherever possible before matters escalate to the dispute stage.
Final Thoughts: Fail to Prepare, Prepare to Fail!
The changes won’t all come into force immediately—some are expected in 2026, or even 2027— but the message is clear: start preparing now, or risk coming unstuck in future. Employers should look to the Government’s Roadmap for Implementing the Employment Rights Bill to better understand what is planned to happen, and when (albeit some of the scheduling is subject to change and consultation).
‘It’s crucial for HR teams to assess whether they have the resources to implement these changes,’ Susanne concludes. ‘And senior management buy-in will be essential.’
If you’d like advice on preparing for changes under the ERB, or any matters relating to employment law, please don’t hesitate to get in touch.
Summary: Key Takeaways from the Podcast
- Unfair dismissal will become a day-one right, replacing the current two-year qualifying period.
- A new ‘initial period of employment’ (likely 9 months) will allow employers to follow a lighter-touch dismissal process. Details pending.
- Many Employment Tribunal claim deadlines will extend from 3 to 6 months.
- NDAs that silence victims of harassment or discrimination will be voided, save for limited exceptions.
- Paternity and unpaid parental leave will also become day-one rights.
- Unpaid leave for pregnancy loss before 24 weeks will become an entitlement, and bereavement leave extended to cover non-parental relationships (details pending).
- Most changes are expected to come into force in 2026 or 2027, but consultations are ongoing. This could mean further twists and turns: watch this space.
- A strong workplace culture and internal investigation process will be more important than ever.
- Employers should start reviewing contracts, policies, and training now or in the near future, to prepare. HR teams and leadership should begin planning, seeking advice and resourcing for implementation.
Further reading / resources mentioned in the podcast
