Sweeping Changes to Employment Law in the New Employment Rights Bill
Mark Ridley reviews sweeping changes to employment law announced by the Government
As has been widely reported in the news media, on 10th October 2024 the Government introduced in parliament the Employment Rights Bill.
The bill will propose 28 employment law reforms in what has been described as a major overhaul of workers’ rights.
In an announcement made by the Department for Business and Trade the Government Stated that the proposed legislation will include:
- Unfair dismissal rights from day one. Currently in order to be able to make a claim of ordinary unfair dismissal an employee has to have worked continuously for two years as at the effective date of termination. That qualifying period of continuity of employment, it appears, will be scrapped and the right to claim unfair dismissal will, it is said, be from day one. However, the Government has confirmed that it will consult in relation to a statutory probationary period, so that new employees can be assessed. In what circumstances an employer will be able to dismiss an employee during, or at the end of, such a probationary period is not yet known.
- Bringing to an end exploitative zero hours contracts. This should include rights such as guaranteed hours where regular hours are worked, reasonable notice of shifts and pay where shifts are cancelled at short notice.
- Addressing the highly controversial practice of fire and rehire. This practice involves dismissing employees and offering to rehire them on different contract terms. It is proposed that a dismissal for refusing to accept a contract variation will be automatically unfair, save in very limited circumstances.
- Statutory sick pay will be payable from the first day of absence rather than the fourth.
- The right to flexible working will be strengthened. It is proposed that when a flexible working application is made, any refusal has to be reasonable.
- Large employers will need to establish plans for dealing with the gender pay gap and supporting employees in relation to the menopause.
- An extension of parental leave rights. It is proposed that this will include paternity, unpaid parental and bereavement leave entitlements from day one.
- An extension of the right of pregnant employees and new mothers including a protection from dismissal during the six months following a return to work.
- As mentioned in a previous blog, repealing the minimum service levels introduced by the conservative government to hinder the ability of trade unions to call strikes.
- And much more.
The bill runs to in excess of 150 pages, and so any blog will only be a very partial and brief overview. If you would like further information, please do not hesitate to let us know.
This is not legal advice; it is intended to provide information of general interest about current legal issues.