FAQs - March 2026

Last reviewed: 17.03.2026

  1. Where can we find Make UK’s Spotlight Guides and Employment Rights Act Planner?

  2. Will Make UK submit responses to the latest Government consultations on collective redundancy obligations and industrial action detriments?

  3. Will the increase to the maximum protective award only apply to collective redundancy dismissals that take effect on or after 6 April 2026?

  4. What are the key takeaways from the Government’s new guidance on gender pay gap and menopause action plans?

  5. What was the outcome of the Government’s call for evidence on unpaid internships?

Q&As


1. Where can we find Make UK’s Spotlight Guides and Employment Rights Act Planner? 

Our 13-part Spotlight Series, which focuses on the core areas of reform under the Employment Rights Act, can be found in our Employment Rights Act Knowledge Base. Each Spotlight outlines key points for employers on one of the following topics: unfair dismissal; fire and rehire; harassment; flexible working; collective redundancy; statutory sick pay; family friendly reforms; trade unions/industrial action; action on equality; zero-hours contracts and shift notices; employment tribunal time limits; non-disclosure agreements; and the Fair Work Agency. Our Knowledge Base also includes an Employment Rights Act Roadmap - showing when each of the key changes is expected to take effect - and information about how Make UK can support your business moving forwards.

If you haven’t yet done so, now is also a good time to download our free Employment Rights Act Planner, which we updated recently. This details the measures we consider to be of most relevance and interest to employers, along with key action points for HR. For each measure, the Planner outlines what we think will be the key impact, concern or consequence for employers, and suggests steps employers can take to prepare (for example, in relation to policy/process reviews, risk assessments, record keeping, steps to bolster employee engagement, workforce consultations etc).

You may also be interested in finding out more about our Audit and Impact Assessment - a bespoke audit which will help you to identify the level of potential risk in relation to each relevant legal change and provide recommended actions with a timeline to keep you compliant. Our HR and legal consultants would be happy to provide you with further information about this assessment (including reduced rates for Make UK subscribers).


 

2. Will Make UK submit responses to the latest Government consultations on collective redundancy obligations and industrial action detriments?

Yes, our Policy Team will submit responses to the two new consultations which were published on 26 February 2026 and is keen to hear your views on the Government’s proposals. If you would like to contribute, please email our Policy Team. Briefly summarised, the consultations focus on the following issues relating to the Employment Rights Act:

  • Consultation on collective redundancy: This seeks views on the level and methods by which a new organisation-wide threshold for triggering collective redundancy obligations might be set. (Currently, employers are required to undertake collective redundancy consultations when proposing to make 20 or more redundancies at one establishment within a 90-day period. Under the Employment Rights Act an additional trigger will apply meaning that employers will need to carry out collective redundancy consultation whenever they make a threshold number of redundancies across their entire organisation.) The Government’s preferred approach is for the organisation-wide threshold to be a single fixed number between 250 and 1,000 of proposed redundancies. The consultation is seeking views on whether a fixed number is the right approach and what the relevant number should be within that range. The consultation document also explores whether the Government should adopt a tiered approach based on the number of proposed redundancies and the number of employees in the organisation, or a percentage-based method, or a mixture of methods.
     
  • Consultation on detriments for taking industrial action: This seeks views on the types of detriments that employers should be prohibited from imposing on workers for taking industrial action. The Government’s current preference is to prohibit all detriments connected with taking industrial action, for example this might include detriments such as being rejected for a promotion or refused a training opportunity. An alternative approach would be for regulations to specify a list of prohibited detriments. The consultation explores the merits of these possible approaches and seek views on which would be better.

Our Policy Team will also submit responses to the following Government consultations:

3. Will the increase to the maximum protective award only apply to collective redundancy dismissals that take effect on or after 6 April 2026?

Whilst we have not yet seen this set out in regulations, the Government has indicated that the new maximum level of a protective award will apply to dismissals that occur on or after 6 April 2026. 

This would mean that where an employer for example completes a collective consultation process and makes employees redundant ahead of 6 April 2026, the maximum protective award an employment tribunal could award if the correct consultation process has not been followed would be 90 days’ pay per employee. Where a collective consultation process is completed and employees are made redundant on or after 6 April 2026, a tribunal could order up to a maximum of 180 days’ pay per employee as a protective award.  

We therefore expect that where dismissals are staggered (even if they form part of the same collective redundancy consultation), the maximum protective award would vary from 90 to 180 days’ pay depending on which side of the 6 April date the dismissals take place. Note however that it is currently unclear whether there will be any transitional provisions preserving the current maximum protective award for consultation processes that have begun before 6 April 2026. This should be clarified once we see the detailed regulations. 

To read more about the changes in relation to collective redundancies under the Employment Rights Act, see Collective Redundancy: Spotlight (which sits within our Employment Rights Act Knowledge Base).

If you are a Make UK subscriber, you can speak to your regular adviser with any queries you may have about redundancies and/or access detailed guidance, including template letters, in the HR & Legal Resources section of our website.

If you are not a Make UK subscriber, you can contact us for further support on this topic or to access our resources. Please click here for information on how we can help your business.

 

4. What are the key takeaways from the Government’s new guidance on gender pay gap and menopause action plans?

Under the Employment Rights Act, large employers (i.e. with 250 or more employees) will be required to publish an action plan alongside their gender pay gap data showing action they are taking in respect of the gender pay gap and how they are supporting workers during the menopause. These measures are expected to be introduced on a voluntary basis in April 2026, before coming into force in 2027. 

On 4 March 2026, the Government published new guidance for employers on creating such an action plan. The guidance includes a list of 18 recommended actions that employers can include in their action plan, sub-categorised under headings such as “Recruiting staff”, “Developing and promoting staff”, “Building diversity in your organisation”, “Increasing transparency” and “Supporting women with health conditions and menopause”. For each action, the Government has outlined the benefits, evidence and implementation tips. Although action plans are aimed at large organisations, the guidance applies to all employers. 

Notably, the guidance states that, as part of developing an action plan, employers must choose at least one action to address their gender pay gap, and at least one action that supports employees experiencing menopause (including perimenopause and postmenopause). Ideally, employers should take multiple actions. The guidance states that this is an opportunity for employers to be ambitious and demonstrate their commitment to workplace gender equality. 

A key focus of the guidance is on encouraging employers to make meaningful and long-lasting changes to reduce their gender pay gap and support employees experiencing menopause. It emphasises the importance of getting senior manager ‘buy-in’ to ensure that measures are implemented effectively. The guidance recognises that managers have a crucial role to play and urges employers to ensure that all line managers (not just senior ones) feel confident in having conversations about these topics. 

While the guidance notes that the recommended actions may also benefit employees experiencing other health conditions related to menstrual health which can impact their wellbeing and may disadvantage them in the workplace (such as endometriosis, fibroids and polycystic ovary syndrome), expanding actions to benefit other conditions is not a requirement of action plans. 

Additional guidance for employers is expected in the coming months.

 

5. What was the outcome of the Government’s call for evidence on unpaid internships?

On 27 February 2026, the Government published its response to its call for evidence on unpaid internships. (Our Policy Team submitted comments to this call for evidence on behalf of Make UK members last year). The Government’s response was followed on 2 March by a ministerial statement. 

By way of reminder, as part of the Government’s Plan for Change (specifically its plans to break down barriers to opportunity), the Government committed to banning unpaid internships, unless they are part of an educational or training course. The call for evidence therefore focused on the following issues: unpaid internships and internships paid below the National Minimum Wage (NMW); unpaid work trials and work trials paid below the NMW; voluntary workers; volunteers; and work shadowing. 

Although the response rate to the call for evidence was relatively low, the following points are of note for employers:

  • The Government does not intend to impose an outright ban on unpaid internships. Instead, it will tackle the problem of illegal unpaid internships by taking three key actions: 1) expanding NMW guidance; 2) improving enforcement measures (for example via the new Fair Work Agency, which will be established from 7 April); and 3) bolstering its communications campaigns (to help younger people understand their rights and what action they can take if they are not paid what they are legally entitled to). 
     
  • In relation to work trials, the Government’s response flags (on page 18) a point which Make UK made in its feedback to the consultation: that the current approach of considering work trials on a case-by-case basis is reasonable and a blanket approach could bring significant challenges. The Government recognises that, when used correctly, legitimate work trials can benefit both workers and the employer. But it is keen to prevent unfair practices through enforcement action. 
     
  • Voluntary workers are already exempt from the NMW (where they meet the statutory definition) and the Government does not intend to change this. It does not want to limit opportunities which allow individuals to freely contribute to their communities/causes which matter to them, or which give individuals opportunities to test a job or a workplace before they make a career change, or take on a new role. But it does want to protect workers and responsible employers.
     
  • With the above in mind, the Government will review its current guidance and work to ensure that those on work trials, voluntary workers, volunteers, and individuals who are work shadowing are doing so freely and in line with guidance and best practice. It will also work with stakeholders to raise awareness of the updated guidance. The response concludes by stating that, whilst the Government does not want to introduce barriers to opportunities, it will consider further legislative options if these issues are not resolved.