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Enhancing day one rights: What does the Employment Rights Bill propose?

The Employment Rights Bill, which is currently in its final stages in Parliament, is expected to bring changes to day one rights, giving employees more protection from the moment they join a company.

For employers, this means you will need to follow the new regulations and put measures in place in accordance with the Employment Rights Bill.

This includes updated contracts and clarification on different forms of leave, such as paternity and bereavement.

What does the Employment Rights Bill propose?

There are several proposed introductions, including unfair dismissal. From day one of an employee starting in your company, they will have the right not to be unfairly dismissed.

Current rules state that employees need to have been with your company for two years before claiming unfair dismissal. However, under the enhanced new regulations, an initial period of employment will be introduced.

This is basically a statutory probation period in which you can assess the employee’s performance and, if it’s not deemed satisfactory, you can begin formal dismissal proceedings, but in this scenario, redundancy is not included.

In addition to this, the amendments will also cover paternity leave and unpaid paternal leave. This would extend the leave rights to day one and remove the 26-week qualifying period.

It is important to note that this only affects when they can take paternity leave and not pay. That will remain separate and follow the same structure as an individual going on maternity leave.

Employees will also be entitled to day one bereavement leave. This means you must grant leave for employees who are grieving the loss of a close relative.

The Employment Rights Bill proposes that employees will be allowed to take a week’s bereavement leave for the death of an eligible relative. This leave must be taken within 56 days of the individual’s death.

If there are multiple bereavements, your employee would be entitled to multiple periods of bereavement leave depending on the number of deaths.

There are also proposed changes to flexible working with day one rights applying, and you would only be allowed to refuse flexible working on certain grounds.

What do the changes mean for employers?

When implemented, employers need to quickly digest the new regulations and action changes to comply.

With so many changes aimed at day one rights, your contracts are going to need to reflect this. You will need to update all employee contracts so they are aligned with the new regulations.

While it may be a time-consuming task, it is one that must be completed to ensure compliance. With the Employment Rights Bill expected to pass during the Autumn months, it’s also crucial that you are prepared.

Preparation is key

With plenty of changes in a short space of time, it’s important you are prepared but also understand the new regulations in place.

The Employment Rights Bill won’t just cover day one rights, but a multitude of employee rights, which means your contracts will need editing.

Employment law experts can help you understand the changes that will take effect and the best approach to updating contracts.

They will offer expert advice and support that is tailored to the needs of your business. With the Bill expected to pass imminently, preparation is key.

Need support updating your employees’ contracts? Get in touch with our team.

Amanda Hyam

Head of Dispute Resolution and Employment

I have specialised in Dispute Resolution, Civil Litigation and Employment law for more than 15 years. I understand how daunting the prospect of litigation can be and because of this I am always available to discuss concerns.