Employment Rights Act - consultation on the Right to Guaranteed Hours
8 June 2026

The far-reaching Employment Rights Act 2025, which is expected to be fully implemented over the next two years, will increasingly shift UK employment law in favour of more security and predictability for workers whilst placing heavier compliance obligations on employers.  

Some of the legislation’s most contentious plans, such as abolishing the two-year qualifying period and introducing a day-one right to claim ordinary unfair dismissal, were tempered down during the passage of the Bill.  This was partly due to representations by British Marine and other employer organisations – so instead of the ‘day one right to claim’ there will be a new six month qualifying period effective from 1st January 2027.  

Another concerning area which is due to come into force sometime next year is the Right to Guaranteed Hours. 

Workers who regularly work more hours than their contract guarantees will become entitled to a guaranteed-hours offer from their employer, based on the hours worked during a specified reference period. A new duty will be placed on employers to make this offer.  As the Bill went through Parliament British Marine, together with others from the wider leisure & tourism sector, highlighted the fact that demand can vary dramatically by season, events and weather.  If guaranteed hours were based on a busy period, employers could be left paying for hours they no longer need.  We also challenged the initial 12 week reference period. Consequently, the details were not set in the Act but are now subject to an important consultation which runs till 25th August  -  see details here.  

Responses will inform the regulations that will determine whether this final regime is relatively light-touch or significantly more burdensome for seasonal employers and which the FSB warns could “kill off” seasonal work.   Therefore, we urge members whose businesses could be affected by the Right to Guaranteed House to respond to the consultation and consider sharing your views with our External Affairs Manager, Joanna Richardson, via email jrichardson@britishmarine.co.uk