ERA 2025 - new consultations launched
- 6 days ago
- 1 min read
Ahead of the implementation of key provisions of the ERA 2025, the Government is consulting with business and key stakeholders, to help shape the finer detail of the Act.
The Government has announced the latest of those consultations, relating to:
industrial action detriment; and
collective redundancy.
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.
The consultations:
Enhanced protection from detriments for taking industrial action
The ERA 2025 provides new protection for workers against detriments which penalise, prevent or deter workers from taking official industrial action. This consultation invites views from trade unions, employers, workers, and other interested parties, on what those prohibited detriments should be.
Closes 23 April 2026
Access the consultation here.
New threshold for triggering collective redundancy obligations
The ERA 2025 introduces significant changes to redundancy law. This includes a new “organisation-wide” threshold trigger for collective consultation, in addition to the current “20 or more at the same establishment” test. This is likely to result in increased levels of collective consultation, particularly for large multi-site employers. The government is seeking views on the level and methods by which obligations might be set.
Two options are proposed:
using a single fixed number in the range of 250 to 1,000 employees organisation-
wide (and not limited to an establishment); or
tiering this new obligation based on number of employees.
Closes 21 May 2026
Access the consultation here
Eleanor Rogers is a Senior Associate at Constantine Law