The long-awaited Employment Rights Bill was published yesterday – all 158 pages of it! The Government promised generational change and given its length and 28 separate provisions, it certainly is the largest piece of new employment legislation this decade. It is complex and not without its holes; there are still key details to be drilled down and regulations and consultations are promised. 

We may have more details at the second reading of the Bill on Monday 21 October 2024. Importantly for employers, given the Government’s insistence that it is pro-business/pro-worker, there appear to be no rushed measures.  

Consultations won't begin until 2025 and then measures (such as day-one rights changes) will not be introduced before autumn 2026. Alongside the Bill, we have the Next Steps to Make Work Pay from the Government which helps us wade through the pages of legislation.   

For a full overview of the Bill, please join us for our Employment Law Update 2024 on Tuesday 15 October. In the meantime, here are some highlights:

• Dismissal – the two-year qualifying period for dismissal has been removed. An 'initial period of employment' will be introduced (think probationary period!) which will make it easier to fairly dismiss an employee.  Current reports say this will be a period of nine months but we await consultation and regulations on this. 
   
• Measures to outlaw zero-hours contracts - employers will have to offer zero-hour workers guaranteed hours if they have worked predictable hours for a given time period and workers are to be given reasonable notice of shifts and reasonable notice of cancellations of those shifts.
   
• Flexible working – default day one right and any refusal must be reasonable.
   
• Statutory sick pay – removal of the waiting period and the lower earnings limit.
   
• Protection from harassment – the Equality Act 2010 includes third-party harassment once again. An employer will be liable for third-party harassment of staff. 
   
• Removal of qualifying periods for paternity leave and parental leave – these will now be day-one rights for parents. 
   
• Adult Social Care Negotiating Body – the Bill provides for the start of this process – regulations are promised but only, we expect, after a period of consultation.
   
• Extended trade union rights - not surprisingly, this section takes up the lion’s share of the Bill. It covers the right to a statement of trade union rights for workers, through to trade union finances and protection against detriment for taking industrial action. The extent and depth are beyond this blog but we will cover it in more detail in our upcoming employment update and in future blogs.  

For more details on how the Bill will impact more specifically please register for our employment update or contact me.