No employer will have missed that the Government has now started rolling out its Plan to Make Work Pay, a major package of reforms aimed at bringing employment rights legislation firmly into the 21st century. The aim is to extend the kinds of protections already offered by leading UK employers to millions more workers across the country. These changes are being phased in so that businesses and HR teams can prepare to be ready for the changes.
Ongoing Consultation
The Government is still consulting widely on how these reforms will work in practice, particularly around the Employment Rights Act 2025. This includes engagement with trade unions, employers, and business groups to ensure that the legislation lands in a way that is fair, workable and proportionate for organisations of all sizes.
What’s Already in Force (from December 2025)
The first change happened immediately at Royal Assent in December 2025:
- The repeal of the Strikes (Minimum Service Levels) Act 2023.
This sets the tone for a broader shift in industrial relations policy.
What’s Coming in 2026
Here’s a breakdown of the changes arriving throughout 2026, organised by date:
18 February 2026
A number of measures take effect that significantly alter the trade union framework:
- Repeal of most of the Trade Union Act 2016, simplifying processes around industrial action and political funds.
- The 10 year ballot requirement for political funds is removed.
- Industrial action notices and ballot notices become simpler.
- Protections against dismissal for employees participating in industrial action are strengthened.
- New eligibility rules mean some employees can now give notice for “Day 1” Paternity Leave and Unpaid Parental Leave.
1 April 2026
- Ending the requirement for trade unions and employer associations to pay a levy to the Certification Officer
6 April 2026
This is a big milestone date, with several major employment rights changes:
- The maximum protective award for failures in collective redundancy consultation is doubled, increasing from 90 days’ pay to 180 days’ pay. This means the amount employees can receive is based on their normal weekly pay, multiplied by up to 180 days, depending on the tribunal’s assessment.
- Full rollout of “Day 1” Paternity Leave and Unpaid Parental Leave.
- Whistleblowing reforms, including stronger protection for workers reporting sexual harassment.
- Bereaved Partners’ Paternity Leave will enable bereaved fathers and partners to take up to 52 weeks of leave where the mother or primary adopter dies in the child’s first year. Although this appears within the Employment Rights Act 2025, the Government has confirmed that this change sits outside the Plan to Make Work Pay and is being introduced as a separate measure.
- Statutory Sick Pay reform, removing the Lower Earnings Limit and the waiting period, meaning that Statutory Sick Pay will be available from day 1 of absence.
- Publication of voluntary action plans on gender equality and menopause support.
- Employers with 250 or more employees will be encouraged to publish annual menopause action plans on a voluntary basis, ahead of this requirement becoming mandatory in 2027.
- Trade union recognition processes are simplified.
7 April 2026
- Launch of the Fair Work Agency, a new regulator designed to support enforcement and promote fair work standards.
August 2026
- Introduction of electronic and workplace balloting for Statutory Trade Union Ballots.
October 2026
A particularly busy month for employment changes, including:
- Regulations to set up the Fair Pay Agreement Adult Social Care Negotiating Body in England.
- A new procurement two-tier code.
- Tightening of tipping law.
- A new duty to inform workers of their right to join a trade union.
- Enhanced union access rights.
- Employers must take “all reasonable steps” to prevent sexual harassment.
- A new obligation not to permit harassment by third parties.
- A power to specify what counts as “reasonable steps” regarding sexual harassment.
- Reforms addressing unfair practices in the union recognition process.
- New protections for trade union representatives.
- Extended protections against detriment for taking industrial action.
Also scheduled for October:
- Reform of employment tribunal time limits.
December 2026
- The Mandatory Seafarers’ Charter comes into force.
What’s Coming in Early 2027 and Beyond
January 2027
Two significant employment protections arrive:
- The unfair dismissal qualifying period drops to 6 months, with uncapped compensation.
- New fire and rehire protections.
Throughout 2027
Several further reforms land, including:
- Mandatory action plans on gender equality and menopause support.
- Enhanced dismissal protections for pregnant workers and new mothers.
- Regulations specifying “reasonable steps” around preventing sexual harassment.
- Extended blacklisting protections.
- A revised industrial relations framework.
- Regulation of umbrella companies.
- Changes to collective redundancy thresholds.
- New rights around flexible working.
- Bereavement leave, including for pregnancy loss.
- Ending the exploitative use of zero-hour contracts.
- Electronic and workplace balloting for recognition and derecognition ballots.
What You Can Do Now
While the Government has set out an ambitious timeline for the Plan to Make Work Pay, there is still limited clarity on how many of the reforms will work in practice. Much of the detail will depend on further consultation, draft regulations and forthcoming guidance. We recognise that this creates uncertainty for employers and workers alike, and we will continue to monitor developments closely and provide updates as soon as more information becomes available.
In the meantime, employers can begin to prepare by:
- Reviewing existing policies in areas likely to be affected, such as family leave, sickness absence and redundancy.
- Identifying where future changes may increase obligations or risk.
- Staying alert to emerging Government guidance and updates from the new Fair Work Agency.
Additionally, since the qualifying period for unfair dismissal is set to reduce from two years to just six months, with compensation no longer capped, employers may therefore want to revisit their probationary periods, ensuring they are set at around 3–4 months. This gives adequate time to assess performance, address any issues, and serve notice well before the six‑month threshold is reached. This will limit the risk of being exposed to an unfair dismissal claim.
Conclusion
The Government’s “Plan to Make Work Pay” represents a significant shift in employment rights that will impact workers and employers alike. As these reforms roll out over the coming months, it’s essential for businesses to stay informed and prepared to adapt to these changes. By understanding and proactively addressing these new regulations, employers can create a fairer and more supportive work environment.
If you have any questions about how these reforms might affect your organisation, or if you need assistance navigating the changes, contact our employment team on {{CONTACT_NUMBER}} or email EmploymentTeam@mshblegal.com to discuss your specific needs. We are here to help you ensure compliance and maximise the benefits of these new employment rights.
