Employment Rights Bill: what we know and what we don’t
We are getting close to the 100-day deadline (12th October) for the government to publish its draft Employment Rights Bill, which will hopefully add detail around the proposed legislative changes announced following the general election.
There have been numerous commentators speculating what is going to be included and what isn’t. It should be noted that the 12th October is a Saturday and Fridays are usually reserved for private members’ bills, so we believe the bill will be introduced on Thursday 10th October.
Employment law advisor Brendan Bah reviews a few of the key pieces and looks at what we know and don’t know ahead of the bill’s publication.
Day one unfair dismissal
One of the major changes announced as part of the bill and one that has attracted much speculation is that employees would receive protection from unfair dismissal as a “day one right”. This would be balanced with a mechanism for employers to still dismiss new employees fairly during a probationary period.
Whilst we are still unsure what this will actually look like, the Financial Times recently reported that employers will be able to put new employees on a probation period of up to six months, although the actual length is still to be clarified. There has been some disagreement in government between those wishing to see a brief probationary period at most, and those favouring a longer (9 month) period, and it seems that a half-way point may have been agreed.
Predictable working
The Workers (Predictable Terms and Conditions) Act 2023 was introduced by the previous government with the purpose of giving employees and agency workers the right to request a predictable working pattern.
ACAS consulted on a draft code of practice for handling requests, but a final version of the code was never issued. It has now been reported that despite the new governments’ commitments around workers’ rights, this will not be introduced.
However, as part of the new Employment Rights Bill, and within the briefing notes to the King’s Speech, the government said it is committed to “ensuring workers have a right to a contract that reflects the number of hours they regularly work”.
This along with the expected ban on zero-hours contracts does seem to imply that whilst the specific act will not be implemented, some of the legislation contained within it will be picked up.
Whilst we are still holding our breaths to see what will be covered, there is some news on what won’t be…
Paid statutory domestic abuse leave
On 16th September, answering a written parliamentary question, the under-secretary for the Department for Business and Trade said the government does not have any plans to introduce statutory paid leave in relation to domestic abuse “at this time”.
He suggested that for some victims being at work is important, and that employers could offer practical support and financial assistance and support safety at and around the workplace. It was also noted that dependent on the individual’s employment circumstances, they may be eligible to take other types of leave when needed.
This mirrors the previous government’s statement that it wouldn’t introduce paid time off for domestic abuse. It also means there is a difference between Great Britain (England, Scotland and Wales) and Northern Ireland, where it has been a day one right since 2023. It should be noted that the statement did say “at this time”, so this may be something to keep an eye out for in future updates.
How can we help?
If the new legislation covers even half of what is expected, it’s going to be a busy time for HR departments. However, we’re here to support you, whether that’s by reviewing policies and procedures to ensure they meet the new legislation, or by clarifying or interpreting the new legislation.
Contact Brendan Bah on 0113 244 0876 or email ku.oc1745110614.fcl@1745110614habb1745110614 or contact James Austin on 0113 244 0876 or email ku.oc1745110614.fcl@1745110614nitsu1745110614a.sem1745110614aj1745110614 for advice and assistance.
