Proposed Labour Government Employment Law Changes: What You Need to Know

Mark Ridley, Partner & Head of Employment, reviews proposed changes to be introduced to employment law by the new Labour government.

Following the election, as usual the new government set out details as to what legislation they wish to introduce during The King's Speech.

There was little information in the speech itself but more detail in the briefing notes.

It is anticipated that there will be a new Employment Rights Bill.

Early indications are that this may include some monumental changes to current employment law.

It is anticipated that the legislative changes will include:

• Making parental leave, sick pay and unfair dismissal protection apply from day one of employment, though we await anticipated rules in relation to probationary periods.
• Abolishing the lower earnings limited limit and waiting period for SSP.
• A ban on zero hour contracts and a right for workers to have contracts that reflect the hours they actually work.
• Banning the controversial and much disliked practise of fire and rehire.
• New rules in relation to flexible working, including it being the default position for workers from day one.
• New rules in relation to agency workers’ rights.
• A repeal of the controversial minimum service levels legislation introduced recently by the Conservative government to reduce the effect of strikes in specific critical sectors.
• A right to access a union in the workplace and the simplification of the procedure for statutory recognition of unions.

It seems apparent that the government is treating changes to employment rights as a priority. A statutory code of practise on dismissal and re engagement (fire and rehire) came into force on 18th July (reissued on 30th July to correct a drafting error). In light of this code of practice employers should certainly take advice if they are considering utilising such a procedure.

Subsequently the government have issued a press release confirming that the minimum service levels legislation will be repealed.

We will endeavour to update you in relation to developments.

This is not legal advice; it is intended to provide information of general interest about current legal issues.