Yesterday the Government released the Employment Rights Bill, which can be accessed via this link: Employment Rights Bill (parliament.uk). This 158-page document sets out landmark reforms to employment law, addressing issues such as “exploitative” zero-hours contracts and “fire and rehire” practices, while ensuring protection against unfair dismissal from the first day of employment.
There is a lot of information here to digest, which our Employment team will be reviewing in detail and then hosting a “Coffee and Catch Up” on Zoom on Wednesday 16 October at 10.30am. The aim of the session is to provide a detailed update and answer any questions you may have. Book your free place.
In the meantime, here is a short summary of the key provisions employers should be aware of:
- Unfair dismissal protection is a “day one” right, removing the current two-year qualifying period, but this protection only applies to those who have already started working.
- Zero-hours contracts will be removed – workers will be entitled to guaranteed hours if they consistently work regular hours over a specified time, right to reasonable notice of shift, and payments for cancelled shifts at a short notice.
- Firing and re-hiring – The employee’s dismissal will be deemed automatically unfair if they are dismissed for refusing a variation of their employment contract, unless the employer can show that the reason for the variation is to significantly mitigate against financial difficulties that may threaten the business. Even in this situation, thorough consultations will be required.
- Parental leave – Rights to paternity, unpaid parental, and bereavement leave from day one. An employee will not have to be a “bereaved parent” to go on bereavement leave, they just have to be a “bereaved person”.
- Statutory Sick Pay – The three-day waiting period has been abolished; it will be available from day one.
- Flexible working – If an employer refuses a Flexible Working request, the refusal must be reasonable and for one of the stipulated reasons (i.e. detrimental effect on meeting customer demand, inability to recruit staff etc). The employer must also write to the employee setting out the reason for refusal and why it is reasonable.
- Equality action plan – Regulations may require employers with 250 employees to develop and publish a plan on how they will tackle gender pay gaps and support employees experiencing menopause.
- Maternity – Enhance protections for pregnant women and new mothers, safeguarding them from dismissal during pregnancy, maternity leave, and for six months post-return.
- Collective redundancy consultation must now take place if 20 or more employees are affected across the whole business, not just at one establishment.
- Third party harassment – Employers must take all reasonable steps to prevent a third party from harassing someone in the course of employment.
- Protected disclosures – Allegations of sexual harassment will be considered a protected disclosure.
This is a lot of information, but we’re here to help. Join us next week for a more in-depth discussion, or feel free to contact our Employment team for specific advice.
This is only intended to be a summary and not specific legal advice. If you would like further information or advice, please do contact a member of our Employment team.