Employment Rights Bill published
In what have been described as some of the most significant changes to workers’ rights in decades, the government’s Employment Rights Bill has now been published. Much of the Bill will take time to consult on and put in place but what are some of the headlines employers and employees need to know?
– Day One Rights: Employees will have protection against unfair dismissal from day one of employment, rather than the two years in place previously. They will also be entitled to paternity leave, bereavement leave and unpaid parental leave.
– Flexible working: a right to flexible working will become the “default” unless employers can prove it is unreasonable to permit this
– Sick pay: All employees will be entitled to statutory sick pay from day one of illness rather than day four. The lower earnings limit will also be removed, meaning all employees may be eligible for SSP, albeit at varying rates.
– Statutory probation period: The government will consult on a statutory probationary period for new recruits – potentially limiting this to nine months and providing a “lighter touch” to letting employees go, provided there is a fair reason for dismissal.
– Sexual harassment protection: Employers will be directly liable for harassment by third parties, including from customers and clients, which is directed at its employees unless it has taken “all reasonable steps” to prevent it. This obligation is more onerous than the changes already coming into force this month and sets a higher bar. Employers will need to anticipate where harassment may occur and put preventative steps in place. The government may specify the minimum steps that an employer would be expected to take- this will probably include undertaking risk assessments, introducing complaints procedures and new reporting channels.
– Zero hours contracts: Workers on zero or low-hours contracts will be given the right to guaranteed working hours if they work regular hours over a set period, potentially 12 weeks.
– End to “fire and re-hire”: Employers will no longer be able to “fire and re-hire” (terminating employees then re-hiring on less favourable terms) as a vehicle to introducing new terms and conditions, except in limited circumstances.
– Trade unions: The statement of employment particulars under section 1 of the Employment Rights Act 1996 will need to include a statement that the worker has the right to join a trade union.
As consultation will get underway in 2025, the majority of these reforms are not expected to become law until 2026. However, businesses will need to start preparing for the changes, which are complex in some areas. To speak to one of our Employment team about how we can help make sure your business is compliant with the new legislation, please click here or call us on 01483 421234.