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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 have already come into force, while others will be phased up to 2027. 

So far, key changes include: 

  • Protection from dismissal during industrial action. Dismissal for taking part in lawful industrial action has become ‘automatically unfair’, with the current 12week limit removed. 
  • Improved rights for trade union activity, including notice for industrial action reduced to 10 days and a reduction in the 50% turnout threshold for strike mandates. 
  • Paternity leave and unpaid parental leave has become a ‘day one right’. 
  • The lower earnings limit for statutory sick pay (SSP) has been removed, meaning more people qualify for SSP. 
  • The maximum period for a collective redundancy protective award has been doubled, increasing employer liability where consultation duties are breached.  
  • Workers who report sexual harassment now have strengthened legal protections. 
  • New menopause guidance has been published.  

You can read more about the key changes and how they could impact you in our explainer.  

Read about the act

Further reforms are expected in October 2026 and throughout 2027, covering areas such as fair pay in adult social care, enhanced sexual harassment protections and the introduction of electronic balloting.

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 making sure nursing staff are represented at every stage and have already made submissions on key areas, including fire and rehire practices, bereavement leave and protections for pregnant women and new mothers.  

One of the most significant developments is the creation of a new negotiating body for adult social care. This has been a longstanding 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 zerohours 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. 

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

Are you experiencing discrimination during or after pregnancy, or impacted by inadequate sick pay? Advice and support is available. 

Read more about the act

Read our explainer to learn more about the act and understand what it means for you. 

How we influence for change

Together with our members, we work with all governments across the UK. This includes all political parties and elected representatives. Our goal is to make sure your voice is heard by decision makers to get the best outcomes for you and your patients.
Nurses protesting fair pay at Westminster