Employment Rights Bill Within the First 100 Days of Office

Since Labour was elected as our new Government in July, there are several intended changes that are expected within the first 100 days. In this article, we outline and detail these changes so that you can keep up to date with the relevant employer rights.

Flexible Working

Employers will be required to accommodate flexible working requests, where reasonably feasible from day one of employment. This could include fitting around school holidays, compressing full time hours in a 4-day working week. This would mean Employers re-evaluating the workload, possibly additional recruitment needs.

Day one rights: Parental Leave, Sick Pay and Unfair Dismissal

Parental leave; Will become a right from day one of employment.

Statutory sick pay – Will become a right from day one of illness (rather than day four) and from the start of employment. The Government are proposing to remove the lower earnings limit band, currently (£123 per week). This will place a need for Employers to enforce attendance management processes effectively and efficiently.

Protection from unfair dismissal from day one of their employment – Employers will be able to operate probationary periods while they assess new hires.

Right to switch off

The right to switch off or disconnect. There are currently no parameters around a person’s work and home life (emergency circumstances are likely to be an exemption).

Banning zero-hour contracts

Proposal to ban the use of ‘exploitative’ zero-hours contracts. Replacing such contracts with a new right for employees to have a contract that reflects the hours regularly worked (in a 12-week reference period).

Predictable Terms Act will not come into force

Secondary legislation was needed to bring this into effect, but the Department of Business and Trade has confirmed that this will not happen. Instead, the Government plans to proceed with their manifesto plan to give workers the right to a contract reflecting hours they regularly work, based on a 12-week reference period.

Banning fire and rehire

Employers will have to demonstrate that ‘fire and rehire’ and ‘fire and replace’ practices are a last resort. The Governments proposal is to either replace them with a new statutory code or ban the practice all together. Non-compliance with the code can end in a 25% uplift in awards to employees for certain tribunal claims (where employers have unreasonably failed to comply).

Trade Union recognition

Simplifying trade union restrictions; ending the law on minimum service levels for strikes, making it easier for trade unions to gain statutory recognition and providing workers with simple routes to access unions.

Create the Fair Work Agency

Establish a new single Enforcement Body, the Fair Work Agency to enforce workplace rights and levy fines.

Protections for new mothers

It will become unlawful to dismiss a woman who has had a baby for six months after she returns to work (with some exceptions)

For maternity – the protected period will cover pregnancy, alongside 18 months from the first day of the estimated week of childbirth. The protected period can be changed to cover 18 months from the exact date of birth, if the employee gives the employer notice of this date prior to the end of maternity leave.

Measures on pay

Removing age bands so that everyone aged 18 and over will get the same hourly rates of pay.

Ensuring that workers who work across multiple sites receive the National Minimum Wage for their travel and that this is reflected in their contract.

Introducing a Fair Pay Agreement to the adult social care sector. Then, if the model works, replicating the model over other public sectors.