Have you considered these overlooked reforms?
Ben Smith, Senior Associate at Littler, provided five key areas of attention:
- Longer deadlines for bringing claims against employers may mean more tribunal claims
- A new enforcement body, the Fair Work Agency, could mean a tougher deal for employers enforced by a super regulator
- Bigger penalties for collective redundancy errors, doubling from 90 to 180 days’ gross pay per employee (expected in April 2026)
- New union rights to access (physical or digital) workplaces with employers given very tight timeframes – as little as 15-20 working days – to respond and negotiate access
- Enhanced protections from dismissal for pregnant women and new mothers until 18 months after the date of birth.
Smith called the ERB “a major recalibration of the relationship between employers and employees.”
“The less-publicised reforms could have an outsized impact by increasing compliance burdens, changing how workplace disputes are managed, and creating new enforcement risks“, he added.
Recent consultations, Smith suggested to HR Grapevine, have included that the Government is taking a hard line on its proposed shake -ups to employment law.
“Employers will need to keep a close eye on how the legislation develops and prepare early for changes to the law“, he concluded.