UNISON has welcomed the Employment Rights Act 2025 as one of the most significant advances in workers’ rights for a generation.
The Act received Royal Assent in December 2025 and will be implemented in phases between 2025 and 2027.
UNISON describes the legislation as “groundbreaking”, “transformative” and a “gamechanger”, highlighting that it delivers long‑campaigning union priorities such as day‑one sick pay, stronger family leave rights, improved protection from unfair dismissal, new safeguards against insecure work, and major improvements to trade union rights and collective bargaining.
This article sets out what UNISON has published, what the Act contains, and when changes are expected to come into force, with links to UNISON, Acas and government sources throughout.
UNISON’s position on the Employment Rights Act 2025
UNISON has publicly celebrated the passing of the Employment Rights Act, stressing that it represents a decisive shift away from insecure work and weakened employment protections. The union has emphasised its own role in shaping the final legislation through years of campaigning, lobbying, consultation responses and direct engagement with ministers and MPs .
UNISON has also published detailed material explaining how it successfully influenced amendments during the Bill’s passage, including extending protections to agency workers, strengthening zero‑hours safeguards, and requiring employers to keep proper working‑time records .
New and strengthened individual employment rights
Family‑related rights – major expansion of day‑one entitlements
UNISON highlights significant improvements to family and caring rights, including:
- Day‑one right to paternity leave, removing the current 26‑week qualifying period
- Day‑one right to unpaid parental leave, removing the existing one‑year service requirement
- Expanded pregnancy and maternity protections, extending protection from dismissal throughout pregnancy and for up to 18 months after birth
- Statutory bereavement leave as a day‑one right, with a widened definition of “bereaved person”, including pregnancy loss before 24 weeks and failed IVF treatment (final detail to be set through regulations)
These changes are intended to ensure workers are not forced to choose between family responsibilities and job security .
Statutory Sick Pay from day one
UNISON has long campaigned for sick pay to be available when workers actually need it. The Act delivers:
- Statutory Sick Pay payable from the first day of sickness
- Removal of the Lower Earnings Limit, extending SSP to many lower‑paid and insecure workers previously excluded
UNISON describes this as a crucial measure to protect health, dignity and financial security at work .
Stronger flexible working rights
The Act strengthens the existing day‑one right to request flexible working. Under the new framework:
- Employers must consult with employees before refusing a request
- Employers must provide clear reasons for refusal
- Refusals must be reasonable, not merely convenient
UNISON has welcomed this shift as an important step towards genuine work‑life balance, particularly for carers, disabled workers and parents .
Harassment and sexual harassment protections
UNISON highlights new duties requiring employers to take “all reasonable steps” to prevent harassment, including harassment by third parties such as patients, service users or members of the public.
This builds on existing protections and places clearer responsibility on employers to prevent harm before it occurs .
More time to enforce rights
The Act increases the time limit for most Employment Tribunal claims from three months to six months (less one day). UNISON has argued this change is essential to give workers realistic time to seek advice, gather evidence and pursue justice .
Strengthened collective and trade union rights
Immediate repeal of Minimum Service Levels for strikes
One change took effect immediately when the Act received Royal Assent in December 2025: the repeal of the Strikes (Minimum Service Levels) Act 2023.
UNISON has described this as an early and significant victory, restoring fundamental trade union freedoms and removing legislation that undermined the right to strike in key public services .
Greater protection for industrial action
The Act strengthens protection from detriment and dismissal for taking part in lawful industrial action, removing previous time‑limited protections that UNISON said weakened workers’ rights in practice .
Union access and facility time
UNISON highlights improvements to:
- Union access and recognition rights
- Facility time arrangements, enabling workplace reps to properly support and represent members
These changes are designed to rebuild effective workplace organisation after years of restrictive legislation .
Tackling insecure work
Zero‑hours contracts
The Act introduces curbs on exploitative zero‑hours practices, including:
- Rights to guaranteed hours
- Improved notice of shifts
- Compensation for short‑notice cancellation
- Extension of protections to agency workers, following sustained pressure from UNISON
UNISON has described this as a major step towards ending one‑sided flexibility at work .
“Fire and rehire” and job security
The Act places tight restrictions on so‑called “fire and rehire” and “fire and replace” practices. Dismissals used to force through changes to key contractual terms (such as pay, hours or shift patterns) will generally be treated as automatically unfair, except in strictly defined financial emergencies .
Sector‑wide bargaining and fair pay
UNISON has particularly welcomed provisions enabling:
- An Adult Social Care Negotiating Body (initially in England) to deliver Fair Pay Agreements
- The reinstatement of the School Support Staff Negotiating Body in England
- A two‑tier workforce code to prevent outsourcing driving down pay and conditions
These measures are intended to raise standards across entire sectors rather than workplace by workplace .
Implementation timetable – what happens next?
The Act is being implemented in stages through secondary legislation. UNISON and Acas have both stressed that not all changes are in force yet, and that further guidance will follow.
Already in force
- 18 December 2025 – Repeal of Minimum Service Levels for strikes on Royal Assent
February 2026
- 18 February 2026 – Trade union law reforms come into force, including:
- Dismissal for taking part in industrial action becomes automatically unfair
- Notice for industrial action reduced from 14 days to 10 days
- Removal of picket supervisor requirements
- Extension of industrial action mandates to 12 months
- Simplified ballot and notice rules
April 2026 (expected first major tranche)
Government and Acas guidance indicates that April 2026 is expected to see:
- Statutory Sick Pay from day one
- Day‑one paternity leave
- Day‑one unpaid parental leave
- Strengthened flexible working duties
- Enhanced harassment prevention obligations
Late 2026
- Employment Tribunal time limits extended to six months for most claims, widely expected around October 2026, subject to regulations
January 2027
- 1 January 2027 – Unfair dismissal qualifying period reduced from two years to six months
- Removal of the cap on unfair dismissal compensation, expected to align with the same commencement date
Further information and guidance
- UNISON campaign and briefings:
- UNISON news and analysis:
- Acas Employment Rights Act 2025 guidance (including downloadable overview):
- Government factsheets and summaries:
Branch support
If you are a Croydon University Hospital UNISON member and want advice on how the Employment Rights Act 2025 affects you, contact the branch via our website:
We will continue to update members as implementation dates are confirmed and new guidance is issued.
