Labour’s Employment Rights Bill – A brief update

28th October 2024

On 10 October 2024 Labour unveiled the Employment Rights Bill. The bill will have its second reading at the House of Commons on 21 October 2024.

The Bill sets out 28 employment law reforms so will bring in some big changes in employment law.

Luckily it will take time for these changes to come into force, it is likely these changes will not come in until 2026.

In a quick rundown, the key reforms will include:

1. Unfair Dismissal

Unfair dismissal will be a day one right, removing the two years’ qualifying service requirement.

2. Protection for pregnant employees or employees on maternity leave

It will be unlawful to dismiss an employee within 6 months of an employee returning to work from maternity leave.

3. Probationary Periods

The government’s preference is a nine-month statutory probationary period.

4. Fire and rehire

It will be an automatic unfair dismissal if an employer dismisses an employee for refusing to agree a change to their contract of employment.

5. Zero-hour contracts

Individuals will have the right to guaranteed hours that reflect the hours eligible workers regularly work over a reference period.

They will be entitled to reasonable notice ahead of any changes made to their working hours and compensation if their shift is cancelled or completed early.

6. Sexual Harassment

From 26 October 2024 employers will be under a duty to take all reasonable steps to prevent sexual harassment of their employees.

A further change is a new section in legislation relating to what will be regarded as reasonable steps.

Disclosures relating to sexual harassment will become protected disclosures.

7. Third-party harassment

Employer liability for third-party harassment in relation to all protected characteristics under the Equality Act 2010 will be reintroduced.

8. Statutory Sick Pay (SSP)

SSP will be available from the first sick day rather than the fourth day.

9. Paternity, Parental & Bereavement Leave

Paternity, parental and bereavement leave will become day one rights.

10. Fair Work Agency

A new Fair Work Agency will be established to deal with enforcement of the NMW, holiday pay, SSP and some aspects of the Modern Slavery Act.

Need more information?

For more information on TUPE or if you require any assistance, you can contact our Employment Client Services team on employmentinfo@daslaw.co.uk or call on 0344 2640102.

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