The new Employment Rights Bill presents significant changes in workplace rights.
- Day-one unfair dismissal rights remain controversial, with proposed statutory probation.
- Zero-hours workers gain rights to guaranteed hours if working regular schedules.
- Firing and rehiring on less favourable terms faces legal limitations.
- Flexible working and first-day sick pay reforms offer enhanced worker benefits.
The new Employment Rights Bill brings fundamental changes to the existing employment regulations, marking an important development in workplace rights. The proposal to offer day-one unfair dismissal rights has sparked significant debate. Presently, employees require a minimum of two years of service for unfair dismissal claims. The Bill introduces a statutory probation period preferred by the Government to be nine months, a timeframe allowing employers a less rigorous means to assess a worker’s suitability.
Zero-hour contract workers, currently without guaranteed hours, will gain the right to contracts with set hours if they have consistently worked regular hours over a specified period. However, those preferring zero-hours contracts can maintain them. Additional workers’ rights include reasonable notice for shifts and compensation for last-minute cancellations or changes.
The Bill aims to eradicate firing and rehiring practices where employees are forced to accept less favourable terms. It extends legal protection to workers who refuse contract variations unless such changes are crucial to a company’s survival and no alternatives exist, although proving this could be difficult.
Flexible working arrangements will be institutionalised as the default, barring reasonable employer objections based on business needs. Enhanced protections for pregnant employees and those on parental leave will now become effective immediately upon employment, removing previous service length requirements. Additionally, statutory sick pay will be paid from the first day of absence, removing the existing three-day waiting period.
To combat workplace harassment, the Bill mandates that employers take all reasonable steps to prevent sexual harassment, broadening their responsibilities beyond the existing legislation. It also reinstates third-party harassment protections and recognises sexual harassment disclosures as whistleblowing qualifying disclosures. Furthermore, large employers must outline actions to address gender pay disparities and menopause support.
The Employment Rights Bill promises to reshape workplace dynamics significantly, enhancing protections and rights for employees.
