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The Employment Rights Bill
14th October 2024
As promised, the Labour government have released the new Employment Rights Bill within the first 100 days of coming into power.
View our summary of what’s been included below…
Unfair dismissal
- Protection from unfair dismissal will be active from day one, rather than the current two year qualifying period.
- This isn’t expected to be fully implemented any sooner than Autumn 2026.
- The government will consult on a statutory probation period (their preference is nine months) which will allow ‘lighter-touch’ for employers to dismiss someone if they aren’t right for the job.
Zero-hour contracts
- An employer must make a permanent, guaranteed hours offer to an employee following a 12-week qualifying reference period – the worker may refuse this.
- Workers will also be entitled to ‘reasonable notice’ of a change or cancellation of shifts, with a full right to payment if they don’t get it.
- There will be a consultation on agency workers being subject to the same rules.
Flexible working
- Flexible working will become the default for employees
- Refusal of flexible working is reasonable based on a specified list of reasons such as burden of cost and detrimental effects on the running of the business, amongst others.
- Employers will need to refuse any requests in writing within a specified time.
- This represents a smaller change to these rules than first anticipated.
Statutory sick pay
- The waiting period and lower earnings limit of statutory sick pay (SSP) is to be removed.
- Currently, employees are entitled to SSP after three days. Once enacted, they will be able to claim it from day one of their illness.
- The existing lower earnings limit of £123 is also to be removed, making it available to all employees.
Parental and bereavement rights
- Statutory parental and paternal leave is to become a right from day one.
- Bereavement leave is to become a day one right, and available to everyone, not just parents.
- Protection from redundancy and dismissal for pregnant and mothers returning to work for a specific period of time.
Other changes
- Trade union laws softened to make it easier to join a trade union and for trade unions to gain easier access to workplaces.
- Amalgamation of current enforcement bodies to create a new Fair Work Agency. The full remit will not be known until all measures have been sorted.
Remit for Low Pay Commission to take account of cost of living in the Minimum Wage, with age bands scrapped.
Whilst many of these changes aren’t imminent, now is the time to start preparing.
Speak to us today to learn how The HR Dept can support you…
To learn more about what the Employment Rights Bill, and what the upcoming changes could mean for your business, sign up to our webinar taking place on October 22nd or 29th October, click here to sign up.