Last month, the government unveiled its proposed reforms to employment rights, marking the most substantial upgrade to workers’ rights in a generation.
At SE-Solicitors, our specialist Employment lawyers are committed to keeping you informed. See summarised key highlights below.
1. Zero Hour Contracts & Shift Workers
Zero and low-hour workers will have more rights, such as the right to be offered a guaranteed hours contract if they work regular hours over a period of time and the right to reasonable notice of shifts and payment for short-notice cancellations.
2. Flexible Working
The Bill will require any refusal of a statutory flexible working application to be reasonable. The employer must evidence the reasonableness of their refusal.
3. First day Rights – Statutory Sick Pay
The bill proposes removing the current three day waiting period and lower earnings limit for statutory sick pay. Those below the lower earnings will receive a percentage (to be determined) of their pay.
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4. Tips and Service Charges
Employers will be required to consult before producing the first version of a written tips policy and they will also be required to review the tips policy at least once every three years and consult again. The three-yearly review will apply to existing policies. Read more on the current law already in force.
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5. Bereavement Leave
The Bill proposes changes to bolster rights for employees in relation to bereavement leave.
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6. Protection from Harassment
Protection for employees in relation to sexual harassment is to be enhanced. Employers will be required to take all reasonable steps to prevent sexual harassment of employees when previously this will have just been reasonable steps. In addition, employers will be required to prevent all third party harassment in respect of other relevant protected characteristics such as age, disability and race. Read more on the law which is coming into force on 26th October 2024.
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7. Unfair Dismissal & Protection for Pregnancy, Maternity & Family Leave
The Bill will allow employees to claim unfair dismissal from day one of employment, subject to special rules for a statutory probationary period. It also proposes to strengthen protections for pregnancy, maternity, and paternity leave.
8. Fire & Rehire
If enacted, employers will have a much more difficult test to establish a fair dismissal.
9. Collective Redundancies
Proposed changes to collective consultations see current requirements expand, so that an employer must hold a consultation if planning to make 20+ employees redundant across all of their UK-based sites, rather than any individual site.
10. Equality Action Plans
Regulations may require employers with 250+ employees to develop and publish an Equality Action Plan, highlighting steps taken regarding gender equality and other forms of equality.
11. Pay & Conditions in Schools & Adults Social Care
A large part of the Bill deals with the pay and conditions of particular sectors, being school support staff and adult social care.
12. Trade Unions & Industrial Action
Other changes are proposed, including increased employee access, reducing the threshold for industrial action, and improved provisions for time off for union duties.
Our dedicated employment team can offer you bespoke advice and/or training to your teams. Please feel free to contact here to enquire about the assistance we can provide.
The contents of this email are a general guide only at the date of publication. It is not comprehensive, and it does not constitute legal advice. Specific legal advice should be sought in relation to the particular facts of a given situation.
