What is changing first? Immediate reforms under the Employment Rights Bill
24th Jul 2025
Author: Mohammed Balal
What changes will happen first under the Employment Rights Bill?
Once the Bill receives Royal Assent (expected in late 2025), the first wave of changes will take effect immediately. These include protections for striking workers, the repeal of restrictive trade union laws, and strengthened rights around industrial action.
As the Employment Rights Bill moves closer to becoming law, many employers and employees are asking the same question: what happens first?
Following on from his article ‘A new era for workers’ rights – introduction to the Employment Rights Bill’ Employment Law specialist Mohammed Balal looks at the immediate reforms expected to take effect once the Bill receives Royal Assent, likely by the end of 2025. These early changes will mark the start of a significant shift in how workplace rights are protected and exercised across the UK.
Royal Assent – what does it mean?
When a Bill receives Royal Assent, it becomes an Act of Parliament. At that point, some changes written into the Bill can take effect immediately, while others are phased in through secondary legislation.
The government has confirmed that a number of provisions in the Employment Rights Bill will be introduced straight away. These changes mainly focus on trade unions, collective action, and protecting workers from unfair treatment during strikes.
What changes are expected immediately?
➤ Repeal of the Trade Union Act 2016
The Trade Union Act 2016 placed strict conditions on how unions organise industrial action, including rules around ballots, thresholds, and picketing.
This Act will be repealed, removing those restrictions and giving trade unions more freedom to operate and support their members.
What this means for employers:
There may be an increase in industrial activity or strike ballots, as unions regain powers that were previously curtailed. Employers should engage openly with unions and be prepared for a more active collective bargaining environment.
➤ Repeal of the Strikes (Minimum Service Levels) Act 2023
The 2023 Act allowed the government to enforce minimum staffing levels during strikes in certain sectors — a move that was widely criticised as limiting the right to strike.
The Employment Rights Bill will scrap this legislation, reinforcing the principle that workers can take industrial action without being forced to maintain minimum service coverage.
What this means for workers:
The right to strike is fully restored. Employees will be able to participate in lawful industrial action without fear that the effectiveness of their efforts will be undermined by imposed minimum staffing rules.
➤ Protection from dismissal during industrial action
Under current rules, workers who strike may have limited legal protection, especially after a certain number of days.
The new law will make it unlawful for an employer to dismiss a worker who is taking part in lawful industrial action, regardless of how long the action lasts.
What this means for both sides:
Employers must ensure that any dismissals are not linked to participation in industrial action. Workers will have greater confidence in standing up for their rights without the threat of job loss.
Why these reforms matter
These immediate changes are not only symbolic, they set the tone for the rest of the Employment Rights Bill’s rollout. They reflect a clear shift in the government’s approach to industrial relations, placing greater emphasis on:
- Protecting the right to strike
- Encouraging fairer collective bargaining
- Reducing employer retaliation during disputes
They also send a message that workers’ voices should be heard and respected from the very beginning of the Bill’s implementation.
What should employers do now?
If you are an employer, it is important to:
- Review existing industrial relations policies
- Understand your obligations around trade unions and strikes
- Engage with HR and legal teams to prepare for the wider changes coming in 2026 and beyond
This is a good opportunity to build positive, constructive relationships with unions and employee representatives, which may help reduce the risk of disputes later.
How Butcher & Barlow can support you
We understand that navigating employment law changes can be complex and time-consuming. Our Employment Law Team is here to help you stay informed and compliant — whether that means updating your policies, advising on industrial relations, or training your management team.
As the Employment Rights Bill comes into force, we will continue to break down each stage of the legislation in plain English, helping you understand what is changing, when, and what you need to do.
If you would like tailored advice for your business or workforce, please get in touch with our team today. Mohammed can be contacted on 0161 764 4062 or via email at mbalal@butcher-barlow.co.uk
Mohammed Balal
The information in this article was correct at the time of publication. The information is for general guidance only. Laws and regulations may change, and the applicability of legal principles can vary based on individual circumstances. Therefore, this content should not be construed as legal advice. We recommend that you consult with a qualified legal professional to obtain advice tailored to your specific situation. For personalised guidance, please contact us directly.