Navigating the Employment Rights Act: what employers are watching most closely

Clelia Arci

18 February 2026

4 min read

Group of people having a meeting

Employment reform is no longer a theoretical policy debate, it’s a practical planning issue.

At our recent, invitation-only roundtable dinner at the House of Commons, senior leaders from major UK employers came together with policy and industry representatives to discuss the Employment Rights Act and the wider workforce reform agenda. The focus was on what’s clear today, what’s still being shaped, and how organisations are beginning to respond.

Across the room, one theme came through strongly: employers broadly support the goal of improving job security and predictability for workers, but there is significant concern about how reform lands in practice.

1. The biggest challenge is ambiguity

Business leaders repeatedly returned to the same point: the direction of travel is understood, but the operational detail is not.

Many of the most material questions sit in the ‘parameters’, how reference periods are defined, what ‘regular’ hours means in practice, what cancellation rights look like across different sectors, and how guidance will apply to workforces with peaks and troughs.

That uncertainty is making it difficult to plan with confidence, particularly for organisations operating complex, multi-site, or multi-supplier workforce models.

2. Flexibility is essential

A strong thread across the evening was the importance of flexibility for both employers and workers.

Employers described workforces that flex up and down across seasonal trading calendars, operational demand spikes, and consumer volatility. For some, flexible arrangements are what enable stability overall, retaining people year-round rather than repeatedly hiring and making redundancies.

There was also clear recognition that many workers actively choose flexible work. Participants shared examples of flexibility enabling people to balance caring responsibilities, manage health needs, work beyond traditional retirement patterns, or supplement other income streams.

At the same time, the room acknowledged the problem the current reform is trying to address: unpredictability, last-minute cancellations, and insecurity that can leave individuals worse off. The challenge, as one attendee put it, is “not the what, it’s the how.”

3. Unintended consequences are a real risk

A recurring concern was that well-intentioned measures could push businesses into behaviours that reduce opportunity for workers, particularly in sectors that rely on seasonal, temporary, or contingent resourcing.

Examples discussed included:

  • Increased use of shorter fixed-term contracts
  • Greater reliance on self-employed models where feasible
  • Further acceleration of automation and technology investment
  • Movement of some roles offshore as cost pressures increase
  • A reduced willingness to take developmental hiring risks, particularly where managers must make earlier, more permanent employment decisions
  • Fewer opportunities to give candidates a chance based on potential rather than experience

Several leaders noted that additional compliance and administration overhead could divert resources away from front-line investment, especially in organisations already operating under margin pressure.

4. The wider economic context matters

The discussion didn’t happen in isolation. Leaders described a broader squeeze: rising labour costs (including National Minimum Wage increases), employer National Insurance changes, and softer consumer demand in some sectors.

Some referenced structural concerns, including youth unemployment and regional economic fragility. Others pointed to the increasing cost of flexibility, and the difficult trade-offs between workforce investment and operational sustainability.

This context shapes behaviour. When organisations feel constrained in how they can deploy labour, they look for alternative models. Those alternatives may not always produce the outcomes the reform intends.

5. Implementation will define the outcome

There was clear appreciation for the ongoing consultation process and engagement with employer groups. However, participants emphasised that the success of the Act will depend less on the headline measures and more on the detail of implementation.

Specifically, employers are looking for:

  • Clear, practical guidance that reflects real operating models
  • Regulatory parameters that reduce ambiguity
  • Enforcement targeted at poor practice, without penalising responsible employers
  • An honest conversation about trade-offs

As one attendee noted, the goal of the reform may be widely shared, but sustainable outcomes will depend on whether policy can adapt to operational reality.

Looking ahead

The discussion reinforced that workforce reform is not simply an HR issue, it is a strategic, operational, and economic one.

As regulations are shaped over the coming months, continued dialogue between policymakers, industry bodies, and employers will be critical. The ambition to improve security and predictability is clear. The task now is ensuring implementation strengthens, rather than constrains, the labour market.

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