Employment Law +

Government updates ERA implementation roadmap

The government has published a revised ERA roadmap and introduced several significant amendments. The roadmap sets out scheduled ERA implementation dates and while most dates remain the same as the original roadmap, we highlight below the key changes and gaps in the new version.

Fire and rehire
• January 2027 – The government will implement the ERA’s restrictions on ‘fire and rehire’ later than planned, pushing the start date from October 2026 to January 2027.

Fire and replace
• January 2027 (likely) – The revised roadmap does not mention these measures, but it is likely the government will delay them from October 2026 to January 2027 so they align with the complementary ‘fire and rehire’ reforms.

Trade Unions
• August 2026 – The government will introduce measures for workplace and electronic “statutory trade union ballots.” We assume this refers to industrial action ballots and excludes statutory recognition and derecognition ballots, which will follow later. Although the new roadmap does not mention repealing the 50% industrial action ballot turnout threshold, we assume the government still intends to remove it contemporaneously with bringing in electronic balloting for industrial action;
• October 2026 – The government will extend the prohibition on unfair practices to apply across the entire recognition or derecognition process. Other planned changes to trade union recognition will still take effect earlier in April 2026; and
• 2027 – The government will introduce electronic and workplace balloting for recognition and derecognition ballots.

Measures without an implementation date
• Extending pay gap reporting to outsourced workers – likely remains dependent on broader reforms in the expected draft Equality (Race & Disability) Bill; 
• Prohibiting NDAs for harassment and discrimination – may depend on the wider NDA review announced last year for victims and witnesses of crimes;
• Requiring employers to keep annual leave compliance records for six years – may await input from the new Fair Work Agency; and
• Reintroducing legal aid for ET claims – again may be dependent on input from the Fair Work Agency.

Overall, these measures slightly slow limited aspects of the ERA’s implementation, but employers will particularly welcome the delayed rollout of the ‘fire and rehire’ reforms as they evaluate where they need greater contractual flexibility. However, the longer timelines do not give employers room to ease off their preparations. Most implementation dates remain unchanged, and the government continues to signal a firm commitment to delivering the ERA as planned.

Aside from the ERA, the Minister for Women and Equalities, Seema Malhotra, confirmed in Parliament that there is no timeline for disability and ethnicity pay gap reporting but she will update the Commons with “plans soon”.

Government launches new ERA consultations

The government has launched new ERA consultations this week on a range of issues.

Fire and rehire - the consultation aims to clarify the scope of ‘restricted variations’ under the ERA’s ‘fire and rehire’ provisions. A dismissal to impose a ‘restricted variation’ becomes automatically unfair unless the employer faces severe financial difficulty and lacks any reasonable alternative. The ERA identifies ‘restricted variations’ as pay reductions; changes to targets or measures linked to pay; pension changes; reductions in total hours or leave; changes to shift patterns; and imposition of contractual flexibility clauses relating to these areas. In this consultation, the government proposes to:
• define which shift pattern changes qualify for protection; and
• identify which expenses and benefits in kind fall outside the definition of reduced pay.
To retain some flexibility for employers, there are proposals to:
• limit protected shift pattern changes only to shifts moving between day and night or between weekdays and weekends; and
• exclude all expenses and benefits in kind from the definition of reduced pay.
The government points out that affected employees retain protections under unfair dismissal law, including additional safeguards in the ERA. A further consultation on a revised statutory code of practice on dismissal and re-engagement will follow.

Unfair practices related to union recognition - the government also seeks views on:
• a revised draft code of practice governing access and unfair practices during the recognition and derecognition process, replacing the 2005 code. It reflects the ERA’s extension on the prohibition on unfair practices to the entirety of a recognition or derecognition process, rather than just the ballot stage, and the new framework for negotiating access during the process; and
• whether the current statutory list of unfair practices provides enough protection to prevent interference in electronic recognition and derecognition ballots.

Flexible Working – just issued today, the consultation on improving access to flexible working sets out a proposed process which much take place before a flexible working request is rejected. This seeks to ensure that:
• employers consult with employees before rejecting a flexible working request, and follow a specified process;
• employers provide documented reasons for rejection and evidence of consultation; and
• employers and employees engage in meaningful discussions to explore alternatives.
We know that many of our clients already follow a very clear process, not least from the point of view of avoiding discrimination and preserving employee engagement. However, the government’s options assessment, published alongside the consultation, notes that “without intervention, the practical challenges of the consultation process are likely to persist, perpetuating unequal access to flexible working”.

And finally…Tipping - a consultation on strengthening the law on tipping will look at introducing new consultation requirements for employers if amending tipping policies, and the operation of the statutory Code of Practice. 

All these consultations close on 1 April 2026.

Changing document requirements for UK visitors

The UK is introducing significant changes to the documents required for entry, affecting all non British and non Irish visitors to the UK (but not those with longer term visas). 

Electronic Travel Authorisation (ETA) becomes mandatory:
• Currently, only individuals from the Visa National List must obtain permission before travelling to the UK. From 25 February 2026, this will change:
• All non visa nationals (i.e. visitors who previously could travel without any prior immigration documentation) will now need to secure an ETA before boarding their transport to the UK.
• The ETA is low cost, digital, and requires far less information than a full visitor visa, but it will be essential for travel.

Visitor visas move to digital eVisas - on the same date, the UK will also complete its shift away from physical passport stickers:
• Visitor visas will no longer be issued as vignettes placed in passports.
• Instead, all visitor visa holders will receive an eVisa, meaning immigration status can be viewed and managed online.

Together, these changes move the UK fully into a digital by default system for visiting travellers, aiming to streamline processing and modernise border systems.

Report shows employer impact of rising minimum wages

The Low Pay Commission published its 2025 report setting out the evidence behind the national minimum and living wage rates accepted by the government in the November 2025 Budget. The report shows that employers typically respond to minimum wage increases by absorbing higher costs, raising prices, and driving efficiency improvements. Employers are more likely to slow hiring than make redundancies, but some reduce working hours. Consumer pressure restricts further price increases, and many employers say higher employer National Insurance contributions have intensified cost pressures. The LPC’s insights into how minimum wage rises interact with wider economic conditions and employer behaviour may help organisations shape pay reviews and workforce planning.

This page is updated weekly with News and Views from that week’s employment weekly briefing email. For previous articles, please contact us: Employment Law Plus.

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