So, first things first, the bill probably will not become law until mid 2025 and any rights under it won’t come into force until 2026.
As always, the devil will be in the detail, some of the headlines are eye catching but the consultation process usually waters things down. At the moment the key points to note are:
- Unfair dismissal becomes a “day one” right – It’s proposed there will be a period of time, or “probationary period” (we don’t know how long…) in which an employee can be dismissed for one of the current “fair” reasons without following a process.. There is no clarity on what rights employees will have in reality.
- “Fire and rehire” – it will be automatically unfair to dismiss an employee who refuses to accept a change in their terms.
- Collective redundancy – the scope of protection will now cover different locations.
- Harassment – an employer will now have to take all reasonable steps to prevent a third party from harassing an employee during the course of their employment.
- Zero hours contracts – employers will be required to guarantee a minimum number of hours based on the hours they have been doing ( no clarity yet on the period of time over which this is calculated).
- Flexible working – it’s proposed a request to work flexibility can only be refused on specific grounds and must be reasonable.
- Bereavement leave – this is planned to become a general right, not just limited to parents.
Whilst it’s light on specifics, the balance has clearly moved towards the rights of the employee as you’d expect under Labour. If they’re fully implemented it is likely to result in an increase in claims and increased pressure on an already creaking Employment Tribunal systems. So whilst employee’s may have greater rights, they may struggle to exercise them.
If you need any further advice with regard to this topic or employment law generally, please do not hesitate to contact our team at employment@ramsdens.co.uk
Alternatively, for further information please visit our Services for Business Employment or our Services for Individuals Employment pages.
The above article is for illustrative purposes only and does not constitute legal advice. It is recommended that specific professional advice is sought before acting on any part of the information given.