Employment Rights Bill Briefing – Unite the Union

Zero Hours Contracts

• New right for qualifying workers to guaranteed hours.
• Form of GHO (Guaranteed Hours Offer)
• GHO should reflect actual hours worked during the relevant reference period.
• Reasonable notice of a shift is required.
• Employer must give reasonable notice to cancel a shift, move its start/end time, etc.
• Employer will be required to make a payment to the worker.

Protection From Detriment

• Qualifying workers are protected from detriment if they:
• accept, reject or proposed to reject, a GHO.
• decline a shift which they believe that the employer has failed to provide reasonable notice of the shift or breaches the rules on cancellation.
• raise relevant Tribunal proceedings.

Bereavement Leave

• Introduces “Bereavement Leave,” thereby replacing “Parental Bereavement Leave.”
• Extends the right to those who has suffered pregnancy loss.
• Pregnancy loss is defined as the ending of a pregnancy before 24 weeks.

Sexual Harassment prevention

• Employers now must take ‘all reasonable steps’ (EqA 2010, s.40A).
• Regulations to define specific required steps (by 2027)
• New liability for third-party harassment (from Oct 2026)
• Support for a ubiquitous, minimum standard framework and the ability to submit a “stand-a-lone claim.”

Speaking up

• Disclosures that sexual harassment has occurred/occurring/likely to occur will be considered as protected disclosures.
• Effective from April 2026.
• Section 202A ERA deems any provision in an Agreement to be void if it prevents a worker from making an allegation/disclosure relating to harassment or discrimination.

Unfair Dismissal Reforms

• Adjustments to qualifying periods and procedural fairness
• Greater protection for partial retirement and redeployment cases
• Enhances protection from dismissal during pregnancy and maternity
• Focus on fairer processes and preventing arbitrary role reductions

Equality Action Plans

• Introduces mandatory equality action plans for large employers (over 250 employees)
• Focus on transparency, data reporting, and pay gap reductions
• Supports alignment with Equality Act 2010 duties
• Implementation expected in 2027

Implementation Timeline

• April 2026 – changes to SSP, parental & paternity leave, whistleblowing
• October 2026 – harassment prevention duties
• Autumn/Winter 2025–26 – consultations (flexible working, zero-hours)
• 2027 – bereavement leave, flexible work, zero-hours rollout

Employer Implications

• Review and update HR policies and handbooks
• Train managers on harassment prevention and flexible work duties
• Plan workforce models to reflect zero-hour and family leave reforms
• Engage early with unions and staff representatives

Conclusions and Next Steps

• Employment Rights Bill 2025 represents the most comprehensive reform in over a decade.
• Thompsons Solicitors Scotland supports workers through change and transition.
• Focus: fairness, flexibility, and modernised worker protection.