The Four Most Important Amendments to the Employment Rights Bill: What You Need to Know

On 10 October 2024, the UK Government unveiled the Employment Rights Bill (The Bill), proposing 28 key reforms to strengthen workplace protections while supporting sustainable economic growth. Since its introduction, the Bill has continued to evolve. A roadmap for implementation was published on 1 July 2025, with further amendments made overnight on 7 July 2025.

While many of the changes are technical, four major amendments stand out for their potential impact on employers and workers alike. Here's what you need to know:

1. The Ban on NDAs in Harassment & Discrimination Cases

What’s Changing?

A brand-new clause (Clause 22A) targets the misuse of Non-Disclosure Agreements (NDAs) that silence workers reporting harassment or discrimination. The amendment seeks to increase transparency and foster safer workplaces.

Key Provisions:

• NDAs Invalidated: Any clause—whether in a contract or settlement agreement—that restricts workers from disclosing harassment or discrimination will be void.

• Broad Coverage: Applies to both current and former workers and may be extended to include contractors, interns, and trainees.

• Wide-Ranging Protection: Applies regardless of whether the claim involves the employer directly or another employee. Disclosures made on behalf of others are also protected.

What Does This Mean for Employers?

• Immediate Action Required: Employers must revise contracts, NDAs, and HR policies to ensure compliance.

• No Threats of Breach: Workers making protected disclosures cannot be silenced through legal threats or contractual enforcement.

• Higher Settlement Risks: Employers may be less inclined to settle discrimination claims without confidentiality assurances.

Exemptions: NDAs can still apply to claims solely involving failure to make reasonable adjustments under the Equality Act.

2. Fire and Rehire – A Softer Ban

What's in Clause 26?

Clause 26 imposes new limits on the controversial practice of “fire and rehire,” where workers are dismissed for refusing changes to their contract terms.

Under the amended version:

• The ban only applies to restricted variations, such as changes to pay, pension, hours, or holiday entitlement.

• Employers can bypass the six-point statutory consultation checklist if they prove serious financial distress.

• The reasonableness of dismissal will fall under the usual unfair dismissal test in Section 98(4).

Key Points for Employers:

• New hurdles for major changes to contract terms—especially those involving financial conditions.

• Tighter rules around outsourcing: Redundancies used to avoid employment protections (e.g., through IR35 or TUPE) could be automatically unfair.

• Procedural scrutiny will increase, even for routine or minor contract changes.

What Does It Mean for Employees?

• Stronger safeguards against dismissal for refusing major changes without proper cause or consultation.

• More consistent tribunal oversight when employers attempt to change contracts unilaterally.

3. Whistleblowing Overhaul – A Work in Progress

Although these amendments lack official government support for now, they signal a possible whistleblowing reform revolution.

Proposed Changes:

1. Simplified Categories: Clearer definitions and broader coverage, including mismanagement of public funds and abuse of authority.

2. Stronger Public Interest Test: The disclosure must actually be in the public interest—not just reasonably believed to be so.

3. New Oversight Body: A proposed Office of the Whistleblower would:

   • Receive and handle disclosures.

   • Set policy standards.

   • Enforce compliance and offer redress.

4. Detriment Becomes an Offence: Subjecting whistleblowers to harm could become a criminal offence, with fines up to 10% of global turnover.

5. Employer Investigation Duties: Employers with 50+ staff or significant financial thresholds will be legally required to investigate whistleblower claims.

While not law yet, these proposed changes could dramatically shift the legal landscape for both whistleblowers and employers.

4. Changes to Zero-Hour Contracts – Diluted but Still Noteworthy

Like whistleblowing, changes to zero-hour contracts aren’t government-backed at this stage, but the proposed amendments are still significant.

What’s Changing?

• Right to Request, Not an Obligation: Instead of forcing employers to offer guaranteed hours, workers may request them, similar to flexible working requests.

• Eligibility: Only workers averaging 8+ hours per week over 26 weeks can make a request.

• Cancellation Rules Relaxed: No payment due if a shift is cancelled 48+ hours in advance.

• Agency Worker Pay Parity: Agency workers offered guaranteed hours must receive comparable pay, requiring audits and documentation.

• Balanced Exemptions: Secretary of State can carve out exemptions, but only after weighing worker rights against genuine employer hardship.

Implications:

• Reduced obligations for employers, especially those managing fluctuating staffing needs.

• Limited gains for workers with very low or sporadic hours, who remain outside the new protections.

In conclusion… 

These four amendments—whether already enacted or still under debate—signal a significant shift in UK employment law. While some changes increase worker protections, others offer measured flexibility to employers during tough financial times.

For dental practices across the UK, the time to audit your contracts, policies, and procedures is now. Compliance won’t just keep you on the right side of the law—it’ll help build safer, more transparent workplaces. Contact us today to enquire about how we can help on 0330 088 2275 or info@buxtoncoates.com.