20.01.2026

Last summer, the Government published an implementation roadmap which gave rough dates for consulting on these measures. However, given the Employment Rights Act (ERA) took significantly longer to pass than expected, we are still waiting for some consultations that were expected to have been published already. Following the last-minute changes to protection from unfair dismissal, there will no longer be any consultation on a ‘statutory probation period’ as the previous policy has been abandoned.

There are a number of key areas of the ERA that will be subject to consultation in the coming weeks and months. These will include: the right to guaranteed hours (including the 12-week reference period, threshold for eligibility and measures on notice periods for new, cancelled and postponed shifts); strengthened flexible working rights; and fire and rehire. There are also consultations planned on measures not included in the ERA, such as on potential reforms to employment status.

Recently, Make UK has responded to consultations on new trade union rights (workplace access and employers’ duty to inform workers of their rights to join a union), and called for significant changes to the proposed reforms enabled by the ERA.

In particular, we have called for the Government to allow much more flexibility for employers to refuse access to trade unions; more time to respond to and negotiate requests for access; and that weekly access should not be considered a reasonable request.

The employer duty to inform must be proportionate and simple for employers, and we have called for the Government to remove its proposal to require employers to remind workers of their right to join a union at regular intervals.

We have also responded to consultations on enhanced dismissal protections for pregnant workers and new mothers, and bereavement leave – calling for no additions to existing protections and any new rules to be simple, easy to implement and decided with enough time for policies and procedures to be updated.

We continue to engage with all government consultations on the ERA and wider Plan to Make Work Pay, and welcome insight from member companies across the sector on how legislation will impact their business.

Find out more on Navigating the Employment Rights Act 2025