The ERA 2025 - a planning and readiness guide for employers

Navigating the

Navigating the Employment Rights Act 2025 - A planning and readiness guide for employers Trade union recognition • Hurdles for trade unions to gain statutory recognition were lowered from 6 April 2026, making recognition easier for trade unions to achieve. • Find out more about the reform Trade unions are already using the ERA as a reason to proactively approach employers for recognition. Have you assessed your industrial relations strategy? Do you anticipate any appetite for trade union representation amongst particular sites, sections of your workforce or where trade unions already have a foothold? Should your organisation consider entering into a voluntary recognition agreement with a trade union of your choosing? Are you prepared to respond to a statutory request for recognition? - timeframes are short. Consider reviewing your employee engagement strategy and feedback mechanisms - do employees feel their views count and that they have an ability to influence decisions where appropriate? Notes Burges Salmon 8

Navigating the Employment Rights Act 2025 - A planning and readiness guide for employers Collective redundancies • On 6 April 2026, the maximum protective award for employers in breach of their collective redundancy obligations doubled to 180 days uncapped pay per employee. • A second threshold (to operate alongside the ‘at one establishment’ test) will be introduced in 2027 which will trigger the collective consultation obligations when a threshold number of redundancies are proposed across the entire employing entity (i.e. not by ‘establishment’). Ensure line managers understand the implications of the change and appreciate the increased financial consequences of breaching collective consultation obligations. To reduce the risk of breach, establish mechanisms that will allow you to track redundancies on an ongoing basis at both ‘establishment’ level as well as across each employing entity. • Find out more about the reform Notes Burges Salmon 9