How the new Employment Rights Act could benefit you

Stronger pregnancy and maternity rights, the end of ‘fire and rehire’, guaranteed working hours for those on zero-hour contracts, getting rid of anti-union legislation… 

These are some of the rights being brought in by the Employment Rights Act 2025 (ERA), which became law on 18 December 2025 – although specific rights are coming into force at different times.  

The ERA was a key pledge of the Labour Party at the last election, developed in partnership with trade unions. However, after over a year of wrangling, the reforms are not quite as dramatic as was promised.  

Nevertheless, there are some important benefits for Equity members. Here’s what you need to know.  

How do the changes affect freelancers? 

Many of the Act’s biggest measures, like changes to unfair dismissal, are rights given only to those with ‘employee’ status.  

On most performance engagements, Equity members will have the intermediate ’worker’ status, between employee and self-employed. But some members’ work will count as full self-employment, including directors, designers and some variety work. 

For those with ’worker’ status, there are a few key changes to be aware of, explained below. If you’re fully self-employed, changes in the ERA are less relevant. However, the union continues to lobby the government on measures to support the self-employed, such as on the issue of persistent late payments. 

What changes does it make to individual rights at work for most Equity members? 

The ERA makes some important changes to your individual rights at work. Of course, on many issues Equity’s agreements give members better rights than legislation, and those agreements always take precedence over legal minimums. 

The ERA removes the three-day waiting period for Statutory Sick Pay (SSP), so that workers can claim from the first day of sickness. If your pay is below SSP (currently £118.75 per week), you’re entitled to SSP at a rate of 80% of your weekly pay. This change came into effect from April 2026. You’re entitled to SSP if you pay Class 1 National Insurance contributions (NICs) as an employee but not if you pay NICs on a self-employed basis under Class 2 and 4. However, many of Equity’s agreements entitle you to receive the equivalent of SSP from employers regardless. 

The ERA also introduces protections against the exploitative use of zero-hours contracts, which might be relevant to work you do in other industries alongside creative work. Workers on low- or zero-hours contracts will now have a right to an offer of guaranteed hours – a minimum number of hours each week – based on an average of their hours during a 12-week reference period. Workers will also have a right to compensation for shifts cancelled at the last minute. 

What changes does it make in terms of tackling sexual harassment? 

The previous government introduced a duty on employers to take reasonable steps to prevent sexual harassment at work. This came into force in October 2024. The ERA strengthens that duty. 

From October this year, employers will have a duty to take all reasonable steps to prevent sexual harassment. The duty will extend specifically to sexual harassment by third parties, such as audience members, crew, and other contractors at a venue or on set. 

At a minimum, that means all employers must have an anti-harassment policy, conduct a risk assessment (for example, on what third parties may be in the workplace) and implement all reasonable steps to mitigate those risks. 

How does it affect the union’s organising and campaigning? 

Some of the most significant changes in the Act are about a trade union's ability to organise workers and take collective action. 

From August, trade union members will be able to vote electronically or in-person in ballots for industrial action, union elections and other statutory ballots – if the employer and trade union agree. Until then, unions have had to post ballots to members’ home addresses. Of course, with many Equity members working away from home and on tour, archaic postal balloting presents a major challenge. If implemented properly, electronic balloting should make it both easier and far less costly for the union to ballot members 

From October, the Act also creates significant new rights for unions to access workplaces to speak to members and potential members, even where an employer refuses to grant access voluntarily. These new rights could help the union to grow membership and power in ‘greenfield’ areas of the industry that don’t hold agreements with Equity, such as videogames, commercials and audio. 

The removal of some of the most stifling anti-union measures is also welcome, including the rule requiring 50% turnout threshold for industrial action ballots, introduced by the last Tory government. From August, ballots will only need more votes in favour of industrial action than against. 

What is not in the Employment Rights Act that Equity is lobbying for? 

The new legislation does not amend agency regulations which relate to casting directories, including Spotlight. However, in February the government launched a consultation on reforms to agency regulations. Equity is urging the government to take this opportunity to remove a legal exception which allows casting directories to charge upfront fees, ending the “tax on hope” that performers pay simply to look for work. The union is also pursuing various changes to clamp down on unscrupulous talent agencies. 

Reforms to holiday rights, to address the unfairness experienced by those working a six-day week, is also not addressed in the ERA. Equity has raised with the government that many members working a six-day week do not get a holiday entitlement that reflects, pro rata, their days worked. Alongside industrial efforts, the union continues to push for reforms to make the holiday rights system fairer.