Are you ready for the HR changes?

On 13th June 2024, Ministers revealed their plan to “make work pay”.  The Employment Rights Bill is designed to deliver economic security and growth to businesses, workers, and communities. In full, 28 changes have been proposed. 

If you need immediate advice on any of the changes below, get in touch with our experts on 0800 470 2826. 

Working Flexibility for All

Labour has made a pledge that flexible working will become part of their day one rights to all positions, except for in situations where it isn’t feasibly possible. Employers could find themselves facing the expense of an employment tribunal if they deny an employee the right to flexible working without valid reason. 

Update: 30th August 2024 

Labour have announced that requesting a four day week will be a day one right. Meaning that your employees can request to do their usual working hours over a period of four days instead of five. 

Employers can still reserve the right to reject a four day working request, but they will need to provide their employee with a feasible reason. At present Labour haven’t announced what a ‘feasible reason’ will be, but employers will still need to show that they’ve given the request a serious consideration, rather than an outright refusal. 

End fire and rehire schemes 

The new Employment Rights Bill will put a stop to the use of fire and rehire, or fire and replace schemes. Schemes that left employees and workers at the mercy of bullying threats.

Labour’s plans are to reform the law and provide remedies against the inadequate statutory code, with a strengthened code of practice. 

Removing these schemes will leave workers safe in the knowledge that they will have to negotiate their terms and conditions, instead of having them changed under the threat of dismissal. 

Ban on exploitative zero-hour contracts 

Labour have proposed banning exploitative zero hour contacts and one sided flexibility to ensure that all jobs have a baseline level of security and predictability. 

As of this, employers will be obligated to offer regular hours, and give reasonable notice and compensation for shift changes or cancellations. 

Introduction of basic worker rights from day one 

One of the proposals has included ensuring employees have access to basic rights on day-one of employment. These include sick pay, parental leave and protection from unfair dismissal.

However this bill doesn’t remove the ability to dismiss an employee fairly, for reasons of capability, conduct, redundancy, or probation periods with fair and transparent rules.  

Extend probation periods 

Probation periods for new starters are set to be extended. This will allow employers to carry out proper assessments to see the employees suitability for the role, and reassure them of their day one rights. 

Improve sick pay rights for workers 

Labour has proposed plans to remove the Lower Earning Limit (LEL) and the waiting period. The new system they are planning to put into place will provide a fair earning replacement for individuals who earn below the current rate of Statutory Sick Pay (SSP)

Improved flexible working arrangements 

Labour has proposed to further enhance flexible working arrangements making these the default position from day one of employment where practical.  

Promote the right to switch off 

The right to switch off, offers the opportunity to promote better work-life balances for employees. Whereas this isn’ t currently in the Bill but is proposed as part of plans for next steps and future reform. Employers won’t be able to make unnecessary communication with their employees outside of their work hours or shift patterns. 

Not only will this help improve the work-life balance, but it will ensure that employees are taking proper breaks in between their shifts.

Legal protection for pregnant women 

Labour have proposed strengthening legal protections for pregnant women. The change will make it unlawful to dismiss a pregnant woman during their pregnancy and in the six months following her return (unless there are specific circumstances). 

Better pay in adult social care 

Labour have proposed establishing a new ‘Fair Pay Agreement’ for the adult social care sector. This will help individuals and trade unions to negotiate for better pay and work conditions. It is hoped that it will help tackle the recruitment and retention issues the sector experienced.  

Reinstate school support staff negotiating body 

Labour has proposed reinstating the school support staff negotiating body. Their main responsibility will be to create a national terms and conditions handbook, training, career progression routes and fair pay rates for support staff.

The effects of this will allow schools to hire and retain more staff. 

Update trade union laws 

The employment rights bill will update the trade union legislation, and aims to align it with the current economic needs. The update will help to improve industrial relations that are based on good faith, negotiations and bargaining. 

Expert advice 

If you need support or advice on how the new government is going to affect employment law, get in touch with one of Croner’s dedicated HR, Employment Law and Health & Safety Experts on 0800 470 2826.