Legal News | 25.07.24
Is the Employment Law Landscape Changing?
Labour’s Manifesto revealed potential areas of Employment Law that they would seek to reform within their first 100 days of entering government.
The King’s speech made it clear that the Government is committed to making work pay, and they will be enhancing employment rights and addressing what in their view are exploitative practices.
In usual form, a commitment has not been made, but there is the intention to introduce the Employment Rights Bill, by 12 October 2024. The Employment Rights Bill is envisaged to address:
- The removal of zero-hour contracts. All workers will have the right to a contract that reflects the hours they regularly work, be provided with reasonable notice of the change to any shift pattern and compensation for where shifts are altered.
- Statutory Sick Pay. The three-day waiting period will no longer apply and those eligible will be paid Statutory Sick Pay from day one of illness.
- Statutory Sick Pay. The lower earnings limit, currently £123.00 per week will be removed. Making those on lower incomes eligible.
- Changing Employment Terms. The “fire and rehire” approach will be faced with new, yet-to-be-decided restrictions. The Statutory Code of Conduct which came into force on 18 July 2024 will be replaced.
- Flexible Working. This will be a default day one right, with employers required to accommodate requests as far as reasonable.
- Parental Leave, Statutory Sick Pay and protection from Unfair Dismissal are to be made a day-one right.
- Returning to Work, after Maternity Leave. It would be unlawful to dismiss a woman who has returned to work for a period of six months following maternity, other than in exceptional circumstances.
- Establishing a Single Enforcement Body or Fair Work Agency, to strengthen enforcement of workplace rights.
- Trade Unions. Removal of the restrictions introduced surrounding a trade union activity, such as the minimum service levels and simplifying the statutory recognition process.
- School Support Staff Negotiating Body. This is to be reinstated to establish national terms and conditions, career progression routes and fair pay rates.
The Employment Rights Bill will need to be drafted, published and approved as primary legislation by the Houses of Parliament. With the significant majority Labour has, it may be thought this will be achieved swiftly, however, there will be secondary legislation required and updates to codes of practice. One example is the ACAS Code of Practice, which will need to be updated if protection from unfair dismissal is to be a day-one right.
Employers should keep an eye on the proposed changes, as whilst there are currently no timeframes, if the proposed changes become law, all employers will be impacted in some way.
If you would like more specific employment advice, or if you have any other queries, then please contact: 01380 733300 | commercial@wansbroughs.com
