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Your guide to the Employment Rights Bill

The long-awaited Employment Rights Bill has reached Committee Stage in the House of Commons, taking us one step closer to seeing significant reforms to employment law.

The Bill aims to introduce more flexibility and protection for employees from the first day of employment.

To remain compliant with the latest legislation, it is important for employers to get to grips with the Bill and stay informed on what it means for their working practices.

Day-one rights

One of the most significant points within the Bill is the plan to extend the right to claim unfair dismissal to workers from day one of employment.

Current legislation requires employees to have two or more years’ service before making a claim, unless they feel they were dismissed for an automatically unfair or discriminatory reason, such as whistleblowing or having a protected characteristic.

This would see a substantial rise in unfair dismissal claims as many dismissals come within the first two years of employment.

However, employers will still be allowed to implement appropriate probationary periods to ensure all employees are able to perform in the role.

Statutory leave, pay and flexibility

The Bill aims to make employment more flexible and secure for those requiring leave or with family requirements.

It proposes:

Making Paternity Leave a day-one right
Introducing the right to Unpaid Bereavement Leave
Strengthening the right to request flexible working from day one
Improving access to Statutory Sick Pay

Employers will need to be aware of these rights as they are introduced and ensure they have sufficient time and resources to cover additional costs or staffing requirements.

Contractual changes

The Government plans to ban ‘exploitative zero-hours contracts’ through the Employment Rights Bill.

In practice, this is unlikely to be a blanket ban on zero-hours contracts but could see their use significantly reduced.

If you employ staff on a zero-hours basis, you will need to ensure that these are permissible or move staff onto appropriate set-hours contracts.

Additionally, the Bill will ban ‘fire and rehire’ practices, by considering dismissals triggered by a staff member not agreeing to a change in contract as automatically unfair – except in cases where the business genuinely had no other option.

Need further advice on the Employment Rights Bill? Contact our team today.

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.