The King’s speech made a passing reference to “legislation to ban exploitative practices and enhance employment rights”, and it is being suggested that the upcoming Employment Rights Bill will be “the biggest upgrade to workers rights in a generation.” Safe to say, the new government is planning to shake things up quite considerably, but what exactly are the supposed Labour Government employment law changes?

What are the proposed reforms?

The Prime Minister’s briefing notes outlined that the proposed Labour Government employment changes contained in the new Employment Rights Bill include:

• Making parental leave, sick pay, and protection from unfair dismissal a day one right for employees. This change will however be subject to special rules for probationary periods.
• Banning zero-hour contracts and ensuring that workers have a right to an employment contract that reflects the hours they regularly work.
• Ending ‘fire and rehire’ and ‘fire and replace’ practices by reforming the law and replacing the statutory code.
• Removing the lower earnings limit and waiting period for Statutory Sick pay.
• Making flexible working the default for all workers from day one. Employers will be required to accommodate this as far as is reasonable.
• Making it unlawful to dismiss a woman who has had a baby for six months after she comes back to work. There will be certain exceptions to this.
• Creating a Fair Work Agency to enforce workplace rights.
• Introducing a Fair Pay Agreement in the adult social care sector.
• Repealing the law on minimum service levels in relation to industrial action.
• Simplifying the process of statutory recognition for trade unions.
• Introducing a right for workers and union members to access a union within workplaces.

What is next for employment law?

While these proposed Labour Government employment law changes could no doubt have significant implications for both employees and employers, we need to wait for the draft Employment Rights Bill itself to know what exactly will be included. Once we know this, we can then know how this will impact employment law more broadly and how the changes will operate in practice. 

The new government are aiming to introduce this bill within 100 days of taking office so we are expecting to hear more very soon. At Kitson Boyce, we understand how important it is to stay informed with any developments in employment law and will provide further updates on the changes as they arise. Our employment lawyers will be here to help employers in Devon and beyond navigate the Employment Rights Bill when it comes into force. If you have any immediate concerns or require any assistance on employment law, do not hesitate to contact a member of our employment team for expert legal advice.