Landmark reforms released by Labour Government – “Pro business, Pro-worker” approach

The day has finally come! We were promised changes to employment law within 100 days of labour government. Today, 10th October 2024, the government has unveiled the Employment Rights Bill and will also introduce it to Parliament.

This does not mean that employment rights and obligations will change immediately. Instead, the process to make the draft Bill law has started. The next steps to change the law will include getting the Bill agreed by both House of Parliament and will likely include some re-drafting and also changes to regulations. As a result, the changes will be some months away.

The Department for Business and Trade press release, released earlier today (10th October 2024) does confirm that the Bill mirrors the promises set out in the new government’s, “Make Work Pay” plan: Government unveils most significant reforms to employment rights.

The press release confirms that:

• The 2-year qualifying period for protection for unfair dismissal claims will be removed. The reason for this is to reassure employees they have day one rights, and to make employers carry out a proper assessment of the suitability for roles;
• A legal “probation period” will be introduced, which will be likely to give employers the ability to follow a shortened dismissal process. There will be consultation over what this probation period looks like; and
• The Bill brings forward 28 individual employment law reforms in relation to e.g. zero hours contracts, fire/re-hire practices, day one: family friendly rights, bereavement leave, and statutory sick pay.

There will also be measures to assist with:

• encouraging flexible working as the default where appropriate;
• further scrutiny on large employers in respect of pay gaps due to gender, and also a requirement to have a menopause support plan; and
• extra protection from dismissal for parents returning to work.

The devil is in the detail and the detail has not yet been confirmed.

What can we do as employers to get ready for these changes?

1. Keep up to date with changes – we offer a free and monthly HR forum covering changes to employment legislation and steps to take.
2. Review existing contracts and staff policies. It will be more important than ever to have clear staff policies and processes in relation to for example fair reasons for dismissal e.g. performance sickness, conduct. It will also be necessary to train all managers on these polices, and let staff know what to expect. We are happy to carry out a free health check/review of contracts and staff policies. We can also help you deliver this staff training.
3. Changes such as updates to obligations to take reasonable steps in respect of preventing sexual harassment (in force October 2024) mean that employers must have a policy covering these steps, and must train managers and staff. We can help you put in place the necessary steps and deliver training.

How Can Ellis Jones Help?

To join our HR forum, receive a free health check of documents, quote for training, or any employment law or HR related enquiry, please contact employment@ellisjones.co.uk or call us on 01202 525333.