Employment Rights Bill

In autumn 2024 the government published the Employment Rights Bill, just as they promised within the first 100 days from election . The effective date when it will come into force is to be yet confirmed. The key changes will include:

Unfair Dismissal:

• Becomes a "Day One" right, removing the two-year qualifying period (effective no sooner than autumn 2026).

• A new "light touch" dismissal test applies during probationary periods.

  
  

Protection from Third-Party Harassment:

• Employers are directly liable if they fail to take all reasonable steps to prevent harassment from clients, customers, or other third parties.

  
  

Flexible Working:

• Employers must provide reasonable grounds for rejecting flexible working requests and explain why refusal is reasonable.

• Employees can challenge refusals as unreasonable.

Bereavement Leave:

• Extended beyond parents who lose a child; one week of unpaid leave will be available for broader bereavements (details pending).

  
  

Zero-Hour Contracts:

• Workers have the right to guaranteed hours contracts reflecting past work patterns.

• Reasonable notice must be provided for shifts or cancellations; penalties apply for violations.

  
  

Ending Fire and Rehire:

• Automatically unfair to dismiss employees for refusing contract variations unless the employer faces imminent financial collapse.

  
  

Collective Redundancy:

• Threshold for consultation applies to total redundancies across a business, removing the "single establishment" loophole.

  
  

Statutory Sick Pay (SSP):

• Payable from the first day of illness and extended to all workers regardless of earnings.

  
  

Parental and Paternity Leave:

• Becomes available from Day One of employment.

  
  

Trade Union Rights:

• Simplified union recognition and industrial action rules.

• Repeal of minimum service levels during strikes.

  
  

Whistleblowing:

• Sexual harassment added as a "relevant failure" qualifying for whistleblowing protection.

  
  

Fair Work Agency:

• New body to enforce labour rights like SSP, minimum wage, and leave entitlements.