ERA 2025 - LATEST CONSULTATIONS

The Government has launched a further series of consultations ahead of the implementation of key provisions of the ERA 2025. The latest consultations are:

1. Employment rights for unpaid carers and parents of seriously ill children

2. Misuse of non-disclosure agreements (NDAs)

3. Reforms of zero hours and similar contracts

We recognise the importance of these consultations to our client base and therefore urge you to get involved. This is your opportunity to have your voice heard and to help to shape and change the law.

Employment rights for unpaid carers and parents of seriously ill children

UK employees who quit work to care for relatives with a long-term illness could gain new rights under proposals laid out in a government consultation, part of the government’s Make Work Pay initiative. The Department for Business and Trade has said that paid leave for carers and a new “right to return” to work after a period of intensive caring are among the proposed measures.

The Government has estimated that the cost to the economy of unpaid carers being out of work is £37bn a year. It is estimated that more than 600 people a day quit their job to care for a family member or friend who is older, disabled or has a long-term health condition. 

The government is also seeking views on whether parents with seriously ill children should be offered stronger financial support and employment protections.

The government is seeking views on the information and guidance that is available to support unpaid carers, the potential need for further support and what forms of support would be helpful to unpaid carers and parents with a seriously ill child.

Closes on September 1^st, 2026.  

Access the consultation here.

Misuse of Non-disclosure agreements (NDAs)

This consultation pertains to a measure introduced under the Employment Rights Act 2025, which voids any provision in an agreement – such as a contract of employment or settlement agreement – between a worker and their employer that prevents a worker from voicing concerns about relevant harassment or discrimination.

The consultation is seeking views on the following proposals:

• The conditions which need to be met for a non-disclosure agreement (NDA) to still be validly entered into (‘excepted agreement’) in cases of harassment and discrimination. For example, that an NDA may be valid if requested by the worker and, prior to entering into the agreement, the worker has received independent advice on the agreement.

• The individuals or bodies who workers covered by an excepted agreement can speak to about the harassment and discrimination, irrespective of what their NDA says (‘permitted disclosure’). For example, a qualified lawyer and medical professional.

• Expanding the types of individuals the legislation applies to beyond the definitions of employee and worker used in the Employment Rights Act 1996. For example, this may include some types of self-employed individuals.

  
  

Closes on July 8th, 2026.

Access the consultation here.

Reform of zero hours and similar contracts

The government is also requesting views on reforms to zero-hours contracts and employee rights – which have not yet taken effect – introduced under the Employment Rights Act 2025, including:

• Guaranteed hours, where the number of hours offered reflects the hours worked by a qualifying worker during a reference period.

• Reasonable notice of shifts and changes to these.

• Payment for shifts cancelled, curtailed or moved at short notice.

  
  

The consultation welcomes views on how these new reforms should be implemented, including the length of the reference period used to calculate guaranteed hours. The government’s stated preference is 12 weeks. Its stated aim is to "strike the right balance between protecting workers from insecure work and retaining flexibility for businesses and workers who benefit from it".

Employers may be concerned that if the low-hours contract threshold is agreed at 20 hours and a short 12-week reference period could significantly increase administrative burdens and reduce flexibility, particularly for businesses that rely on seasonal or variable-hours workers. Longer shift-notice requirements could make workforce planning more difficult.

Closes August 25th, 2026

Access the consultation here