‘This article explains why, instead of “making work pay”, the Employment Rights Act 2025 paves a dangerous path of “making rights options”. A more name accurate name than “Employment Rights” could be “Work Choices”. This is evident in the number of new “rights” that depend on executive discretion, not Parliament. These include the new provisions on zero hours contracts, equality action plans, sexual harassment, gagging contracts, limits to ‘fire and rehire’, two sector negotiating body remits, electronic balloting and union access, and the remit of the Fair Work Agency. Why has so much been left to Regulations? The likely answer is not some calculated desire to centralise Henry VIII powers. Instead, the government simply listened more to lobbyists than labour lawyers in drafting the law, the Ministers in charge lacked knowledge, and the government was divided about what it wanted. Whatever the case, the result is the same: a future hostile government could, through Regulations and without any Act of Parliament, destroy most of the Act’s reforms at the stroke of a pen on day one. Or this government might simply not bring much of the Act into force. This means that from 2029 a hostile government could pick up where the Conservatives left off.’
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King's Law Journal, 7th July 2026
Source: www.tandfonline.com