The Department for Business and Trade has published two further consultations in relation to the implementation of the Employment Rights Act 2025.
1) Make Work Pay: protection from detriments for taking industrial action
This consultation is seeking views on the types of detriments that employers should be prohibited from imposing on workers for taking industrial action.
The Employment Rights Act 2025 provides new protection for workers against detriments that they are subjected to by their employer to penalise, prevent or deter them from taking official industrial action. The Act enables the Government to set out the detriments which are to be prohibited in regulations.
This consultation closes at 11:59pm on 23 April 2026 and further information can be found here.
2) Make Work Pay: threshold for triggering collective redundancy obligations
This consultation is seeking views on the level and methods by which the new organisation-wide threshold for triggering collective redundancy obligations might be set.
The Employment Rights Act 2025 will introduce new protections so that employers will be required to undertake collective redundancy consultation and notification whenever they make a threshold number of redundancies across their entire organisation.
The Government is considering 2 options to set the new organisation-wide threshold:
• using a single fixed number in the range of 250 to 1,000
• tiering this new obligation based on number of employees
These proposals will need approval from Parliament before taking effect.
This consultation closes at 11:59pm on 21 May 2026 and further information can be found here.
