Andy Burnham and the future of employment law: what can we expect?

With Parliament in its summer recess, now is a good time to take stock of recent developments and look ahead to what will be a busy autumn. With many of the Employment Rights Act 2025 (ERA) reforms still to come into force, attention is turning to what the new prime minister, Andy Burnham, may mean for the future direction of employment law.

With Parliament in its summer recess, now is a good time to take stock of recent developments and look ahead to what will be a busy autumn. With many of the Employment Rights Act 2025 (ERA) reforms still to come into force, attention is turning to what the new prime minister, Andy Burnham, may mean for the future direction of employment law.

The ERA introduced significant changes for employers, with further reforms due to take effect in the autumn and throughout 2027. Although the act was introduced by Sir Keir Starmer’s government, there is little indication that Burnham intends to slow the pace of reform. He has reaffirmed Labour’s commitment to its 2024 manifesto and ministers continue to stress their determination to implement the outstanding ERA measures.

That said, Burnham’s appointment has prompted debate about whether employment rights could go even further. His record as mayor of Greater Manchester offers some clues. The Greater Manchester Good Employment Charter, one of his flagship initiatives, promotes seven characteristics of ‘good employment’: secure work, flexible working, fair pay, employee voice, inclusive recruitment, effective people management, and health and wellbeing.

Many of these themes are already reflected in the ERA. For example:

• Secure work: The charter’s emphasis on predictable hours and limiting zero-hours contracts aligns closely with forthcoming ERA reforms, and also with Burnham’s early emphasis on tackling the cost of living crisis. Its expectation of up to four weeks’ notice of shifts may provide an indication of Burnham’s thinking as consultation continues on what constitutes ‘reasonable notice’ under the new regime.
• Flexible working: The charter supports flexible working practices, which are already being strengthened under the ERA. Further major reform in this area currently appears unlikely.
• Fair pay: The charter encourages payment of the real living wage, although translating that ambition into legal requirements would raise practical and economic challenges in the current climate.
• Employee voice: The charter’s focus on union recognition and workforce engagement mirrors ERA measures expanding trade union access rights. Given the significant changes under the ERA, further changes to the industrial relations landscape seem unlikely in the short term, although Burnham’s commitment to, and support from, the trade unions, may indicate further changes ahead.

In terms of inclusive recruitment, Burnham has consistently championed diversity and inclusion, alongside measures to improve opportunities for young people. Recent announcements on technical education pathways and additional apprenticeships suggest youth employment will be a key priority for the Burnham government. As for health and wellbeing, Burnham has also shown interest in reducing economic inactivity linked to long-term sickness. Current fit note reform pilots could signal future changes aimed at supporting people to remain in, or return to, work.

One area to watch is employment status reform. Labour’s 2024 manifesto proposed replacing the current three-tier employment status framework (ie employee, worker, self-employed) with a simpler two-tier model, although this was not included in the ERA. With renewed calls for reform, Burnham may revisit the issue in due course.

Some have commented on the addition to the ERA implementation timetable, published on the government website, of the statement, in bold type, ‘This was published under the 2024-2026 Starmer Labour Government’. However, such a statement is relatively standard in these circumstances. With much already on his ‘to-do’ list for the autumn term, it is probably safe to assume that Burnham will stick to the existing ERA implementation timetable, and we should not expect major announcements or headline-grabbing legislative change in the short term.

If, however, Burnham can defy the recent revolving door at No. 10 and win a second election on his own manifesto, the next chapter of employment law may evolve in a different direction. For now, that remains a matter of political speculation.