Key Insights from the Latest Employment Rights Bill Press Release

We understand there will be 28 individual employment reforms.

From the information contained in the press release, the proposed reforms are those which we expected would be included in the legislation, based on Labour’s manifesto pledges.

Just by way of overview, according to the press release the Employment Rights Bill will include the following:

• End exploitative zero-hours contracts – we are unsure as yet what “exploitative” will mean. It seems that those on “low hour contracts” will have the right to a guaranteed hours contract if they “work regular hours over a defined period”.

• End “unscrupulous” fire and re-hire practices – again, we will need to see the detail surrounding this.

• Provide day one rights for bereavement and parental leave.

• Make unfair dismissal a day one right and also consult on a statutory probation period for new hires (as there is going to be consultation on this point, it is not anticipated that this will be implemented imminently. A 9 month probation period seems to be favoured by the Government at present)

• SSP will be available from day one, with the lower earnings limit being removed.

• Flexible working will be the default “where practical” (the press release also says it will be default unless an employer can prove “it’s unreasonable”)– we will need to see what this means, however it is unlikely the 8 statutory reasons for refusing a request will survive.

• Protection against dismissal will be strengthened for pregnant women and new mothers.

• The anti-union legislation will be repealed.

• The “discriminatory” National Minimum Wage age bands will be removed.

In addition there will be a new “Fair Work Agency” introduced to enforce rights such as holiday pay and “strengthen statutory sick pay”.

Large employers will be required to create action plans on addressing gender pay gaps and supporting employees through the menopause.

There will be an introduction of a “Next Steps” document for the Make Work Pay Plan – which will set out the Government’s long-term plans.

There will be consultation on the following:

• The right to switch off – preventing employees from being contacted out of hours unless in exceptional circumstances.

• The expansion of the Equality (Race and Disparity) Bill, which would make it mandatory for large employers to report their ethnicity and disability pay gap.

• The move towards the single employment status of worker.

• The current parental leave and carers leave systems.

Forbes Solicitors employment team continue to keep you informed with further updates as more information becomes available.