Delivering the Employment Rights Act for all

The Employment Rights Act (ERA) passed this year is the most significant improvement in worker rights for a generation. UNISON fought hard for the legislation and is proud of the advances it promises to deliver to workers’ lives, including day one statutory sick pay for all, whistleblowing protections for sexual harassment, and the repeal of restrictions imposed by the Trade Union Act 2016.  

Vice president James Anthony said: “This is the biggest upgrade to worker rights in a generation, although our members are still waiting for their equivalent legislation in Northern Ireland to be passed. The Tories and Liberal Democrats fought it tooth and nail. 

“However the substantial improvements to worker rights will not be delivered unless the act is fully adopted, properly funded and underpinned by robust secondary legislation and trained local union reps.”

A motion was brought to continue pressure on the government to ensure the ERA is fully delivered.

There are serious concerns that sustained opposition and delays, mean it cannot be taken for granted it that the ERA will be properly implemented. 

For example, the government has already delayed the introduction of e- balloting twice and it has now been put back until August 2026. 

Also employment tribunal claim time limits, which have been extended from three to six months, are at risk due to underfunding. 

“This extension in tribunal claim time limits is a significant step forward, but will only improve access to justice if tribunal capacity staffing and funding are increased accordingly,” James said. “Its success will depend upon the full resourcing of new and existing institutions, including the newly established Fair Work Agency and employment tribunals.

“There’s more to do and the act isn’t even all the commitments that we got from the Labour party when they were in opposition. We need to make it work and ensure the best implementation.”

No more 50% threshold

The ERA includes the “long overdue” removal of the 50% industrial action ballot threshold. However, as James explained, its removal “remains dependent on ministerial action and secondary legislation”. 

“We can’t relax,” he said. “We need to do we all we can to make sure we get the best benefits we can from the ERA. Let’s get this act implemented and then we’ll be coming back for more.” 

Support to understand

A second motion was introduced to provide support and training to reps, activists and members. The ERA is a major and complex piece of legislation and most people do not understand the details of the new law and how it will affect individual workplace rights or union representation. 

“Of course, the Employment Rights Act is welcomed, but having a law and it being implemented by the employer are two different things,” said Chris Dale, speaking on behalf of Manchester University branch. “This motion is vital to ensure our activists are able to receive training and develop best practice, to find out what works and what doesn’t. Use this motion to empower our branches so that we can make them a better place to work.”

Joseph Qwaku, speaking in support on behalf of greater London community and voluntary branch, added: “In social care, where many of our members work, we face a landscape of small, private employers, many of whom deny the concept of collective rights. If we don’t understand our rights, then they are worth nothing more to us, than words on a page. We need to know how to use these newly-awarded rights - even when an employer is wanting to block us.”

The motion called for: 

• accessible briefing materials for branches about the relevant changes to employment and union rights. 
•  training sessions for reps about the ERA
• sharing examples of good practice between branches. 

Both Employment Right Act motions were passed unanimously.