Employment Rights Act
How we're helping to strengthen protections for nursing staff
The Employment Rights Act is a new law to advance workers’ rights.
The Employment Rights Bill became the Employment Rights Act when it received Royal Assent on 18 December 2025. This marks a once‑in‑a‑generation shift in workplace rights and protections. Throughout the process, we made sure the voice of nursing staff shaped the act as it moved through parliament.
The act forms a central part of the Westminster government’s Plan to Make Work Pay, first introduced in October 2024. It sets out major reforms designed to improve job security, strengthen trade union rights and enhance protections for workers across England, Scotland and Wales.
What the Employment Rights Act means for you
The act introduces significant improvements to individual and collective rights. Many of the restrictive measures introduced in 2016 are being reversed, giving you greater protection at work and giving us more ability to organise and represent you effectively.
Some changes will come into force quickly, while others will be phased up to 2027.
Key early changes include:
- Protection from dismissal during industrial action. Dismissal for taking part in lawful industrial action is expected to become automatically unfair, with the current 12‑week limit removed.
- Improved rights for trade union activity:
- Notice for industrial action reduced from 14 to 10 days
- The 50% turnout threshold for strike mandates reduced
- Picket supervisors no longer required
- Industrial action mandates extended from 6 to 12 months
- Electronic balloting introduced, making it easier for you to vote
Further reforms are expected in April 2026, October 2026 and throughout 2027, covering areas such as:
- parental leave
- sick pay
- zero‑hours contracts
- gender pay gap reporting
- protections for pregnant workers
What happens next?
The Westminster government is now translating the act into detailed legislation, guidance and codes of practice. A major consultation programme is under way. We're directly involved to ensure nursing staff are represented at every stage.
Consultation areas include:
- Fire and rehire practices
- E‑balloting
- Bereavement leave
- Zero‑hours contracts
- Flexible working
- Collective redundancy
- Dismissal protection for taking industrial action
- Blacklisting
One of the most significant developments is the creation of a new negotiating body for adult social care. This has been a long‑standing priority for us and will bring unions and employers together to set minimum standards for pay and conditions across the sector.
How we influenced the act
Throughout the legislative process, we worked closely with parliamentarians, officials and partner organisations to strengthen the act for nursing staff.
Major wins include:
Expanded parental bereavement rights
We helped secure an amendment extending statutory bereavement leave to people who experience pregnancy loss before 24 weeks.
Better protections for zero‑hours contract workers
Workers with 26 weeks’ service will be able to request more predictable working patterns, with employers required to consider requests fairly.
A fair pay agreement for social care
We secured commitments to explore extending the agreement beyond England to Scotland and Wales.
Restoration of trade union rights
Key elements of the 2016 Trade Union Act have been reversed, strengthening your ability to organise and negotiate for fair pay and safe working conditions.
Improved rights for women in the workplace
We pushed for stronger protections around menopause, equal pay, harassment and redundancy protections for pregnant workers and new parents.
Understanding the terminology
Some of the language around employment law can be confusing. Here are two key terms.
Sectoral collective bargaining
Negotiations between unions and employers that set minimum standards for all workers in a sector – such as adult social care helping prevent exploitation and poor practice.
Enshrined in law
When something is written into legislation, it cannot be easily undone by future governments.
Does this law apply across the UK?
The Employment Rights Act applies in England, Scotland and Wales. Northern Ireland has its own employment law framework. Our colleagues in Northern Ireland continue to engage with the Department for the Economy on the Good Jobs Employment Rights Bill, expected to reach the Assembly in 2026.
Get advice
Read more about the act
How we influence for change