At last week’s Labour Party conference, Angela Rayner confirmed that we can still expect the Employment Rights Bill within 100 days of Labour coming into office.
Factoring in a few procedural and legal considerations, we think that means that we’ll see the first draft of the Bill on or around 10 October. If you’re struggling to keep up with what’s likely to feature, here’s a summary:
1. Day one rights – protection from unfair dismissal, entitlement to parental leave and sick pay from day one or the end of the probationary period (it’s likely the maximum probationary period will be six months).
2. Flexible working – to be the default position from day one of employment. You will be expected to accommodate requests as far as reasonable.
3. Right to switch off – you will be expected to set out in employment contracts when employees are not to be contacted and when they’re allowed to ignore work calls and emails (expect some leeway for emergencies to be built in).
4. Employment tribunals – extending the time limit to bring a tribunal claim from three to six months and allowing claims whilst still employed. Also increasing the cap on breach of contract claims to £100,000.
5. Protection for new mothers – for six months after a woman’s return from maternity leave it will be unlawful to dismiss her (with some specific exceptions).
6. Ban on zero-hours contracts – ensuring that workers have the right to a contract that reflects the number of hours they work regularly, plus reasonable notice of shift changes and a mechanism for compensation if shifts are cancelled without notice.
7. Qualifying for sick pay – removing the limit (currently £123 a week) to qualify for statutory sick pay.
8. Ban on ‘fire and rehire’ – whilst rarely used, the intention is to ban the current right entirely.
9. Fair Work Agency – to be established to strengthen the enforcement of workers’ rights and deliver sanctions.
10. Fair pay agreement – in the adult social care sector to create national T&Cs, fair pay rates and a “genuine” national living wage that reflects the cost of living.
11. Trade unions – removing restrictions on ensuring minimum service levels and minimum thresholds for strike ballots, and simplifying the statutory recognition process.
Keep watching for further updates!
