Amelia DaviesKemi Badenoch, leader of the Conservative Party, is ramping up her campaign activity ahead of the Scottish Parliament election on 7 May 2026, visiting Edinburgh on 15–16 April to rally support for Scottish Conservative leader Russell Findlay. But it is her running critique of the government's approach to employment law — and what a future Conservative administration would do differently — that is drawing the attention of businesses and workers across the United Kingdom.
With the Employment Rights Act 2026 already reshaping workplace obligations for UK employers, Badenoch's policy positioning matters. Here is what employment law experts say workers and employers need to understand right now.
Badenoch's Employment Policy Stance
Since becoming Conservative leader, Badenoch has consistently argued that the Employment Rights Act 2026 — the most significant overhaul of UK labour law in a generation — places disproportionate burdens on small and medium-sized businesses. Her argument is that expanded workers' protections, including stronger unfair dismissal rights from day one of employment and extended family leave rights, will make employers more cautious about hiring, particularly for entry-level and part-time roles.
At a London Defence Conference speech in April 2026, Badenoch emphasised the need for "tough decisions" across public policy — language her team has applied to employment regulation as much as to defence spending. The Conservative position is that key provisions of the Employment Rights Act should be reviewed, delayed, or replaced with lighter-touch alternatives if the party returns to government.
For UK workers, this creates a period of regulatory uncertainty. Understanding your current rights — rights that exist in law today regardless of future political changes — is more important than ever.
What the Employment Rights Act 2026 Actually Gives You
Regardless of the political debate, the Employment Rights Act 2026 is now law. Its key provisions affecting workers include:
Day-one unfair dismissal rights. Previously, employees needed two years of continuous service before qualifying for unfair dismissal protection. Under the 2026 Act, that protection begins from the first day of employment — a significant shift that affects probationary periods, fixed-term contracts, and zero-hours arrangements.
Enhanced protection for zero-hours workers. Workers on zero-hours contracts now have the right to request a contract reflecting their average hours after a qualifying period. Employers cannot simply ignore such requests or retaliate against workers who make them.
Strengthened collective consultation rights. Employers proposing to make 20 or more redundancies within 90 days must now engage in more robust consultation with trade unions or elected employee representatives. The penalties for failing to do so have increased.
Extended redundancy protection on maternity leave. Employees returning from maternity, adoption, or shared parental leave now have extended protection against redundancy — employers must offer them suitable alternative vacancies before making them redundant.
Employment lawyers can help you understand precisely how these protections apply to your specific employment contract, working arrangement, and industry.
What Employers Need to Know
For businesses, the 2026 Act has created a raft of new compliance obligations. According to guidance published by the UK Parliament's House of Commons Library, employment law changes require employers to update their contracts, policies, and HR procedures promptly — failure to do so can expose businesses to tribunal claims.
Key employer obligations under the current law include:
- Updating employment contracts to reflect new statutory rights on day one of employment
- Reviewing probationary period policies, given that the traditional "no dismissal rights in probation" approach no longer applies without a fair process
- Auditing zero-hours arrangements to assess exposure under the new request rights
- Training managers on the new redundancy consultation requirements
- Reviewing family leave policies to ensure maternity and adoption arrangements comply with the extended protections
An employment lawyer can conduct a compliance audit of your HR documentation and flag areas of risk before they become tribunal claims.
The Political Wildcard: What Badenoch's Proposals Would Mean
If the Conservatives were to win a future general election and implement employment law reform, what might change? Based on public statements as of April 2026:
- The day-one unfair dismissal right could be modified to allow a statutory probationary period (likely three to six months) during which dismissal is permissible without full tribunal exposure, subject to a fair process
- Enhanced zero-hours protections could be reviewed or delayed in implementation
- Collective bargaining provisions could be scaled back
However, employment law experts caution that significant rollback of rights is rarely straightforward. Reversing day-one dismissal rights, for example, would require primary legislation and would face significant opposition. Workers who have already accrued rights under the current Act would need to be considered.
The practical advice from employment lawyers: know your current rights in full, and treat any anticipated future changes as speculative rather than certain.
When to Seek Employment Law Advice
Whether you are a worker unsure of your rights under the new Act, or an employer navigating compliance, an employment lawyer can provide clarity in the following situations:
- You have been dismissed during a probationary period and are unsure whether you have a claim
- Your employer has changed your contract or working hours without consultation
- You are facing redundancy and want to understand your entitlements
- You run a business and want to ensure your employment documentation is compliant with the 2026 Act
- You have raised a grievance and are experiencing what feels like retaliation
Legal disclaimer: This article is for general information only and does not constitute legal advice. Employment law questions specific to your circumstances should be addressed with a qualified employment solicitor.
The Bigger Picture
Kemi Badenoch's political activity in April 2026 — whether campaigning in Scotland or speaking on defence — reflects a Conservative Party repositioning itself for a future election cycle. For workers and employers, the practical reality is that the Employment Rights Act 2026 is the law today, and planning around existing rights is more useful than waiting to see what a future government might do.
For those with specific employment questions, ExpertZoom connects you with regulated employment lawyers who can advise on your situation quickly and affordably.
