On October 10th 2024, The Government published a new Employment Bill which sets out an enormous shift in employee rights in favour of employees. The bill is unfortunately quite complex and refers to regulations which have not yet been published.

However, the headline changes are:

Zero Hour / Casual Worker contracts

1. Guaranteed hours provisions for workers (horribly complex) with a three month period for workers to bring claims before an Employment Tribunal if the rules are breached (expect lots of litigation on this).
2. The obligation on employers to give workers “reasonable notice” of shifts (what constitutes reasonable notice is not specified and will probably depend upon the circumstances and emerging industry practice).
3. The requirement on employers to pay workers for a shift if they the employer has not given reasonable notice of cancellation, movement or curtailment of a shift (again, what is reasonable is not further defined).

Flexible Working

Workers may apply for flexible working and the employer must consider and may only reject on one or more grounds as at present but there is a further requirement on employers that they can only “reasonably” refuse requests.

Statutory Sick Pay

 This will apply from day one (previously the first three days did not count in certain circumstances)

Parental and Paternity Leave

Removal of previous qualifying period before entitled to take parental leave

Parental Bereavement Leave

This has become substantially wider following the removal of “Parental” from “Bereavement Leave (essentially those who are not parents become entitled in similar circumstances)

Protection from Harassment

1. Employers will have a positive duty to take “all reasonable steps” to prevent sexual harassment. This is a major change affecting nearly all employers.
2. Employers will be liable if third parties harass their employees. This is also a major further  liability on employers.
3. Employers will be liable if they do not protect employees who have made allegations of sexual harassment.

Removal of the two year unfair dismissal qualifying period

Employees will have “day 1” rights if they are unfairly dismissed. The only saving provision is that it will not apply to employees already employed before the Act comes into force.

Pregnant Employees

Pregnant employees will have greater rights if dismissed during pregnancy.

Dismissal where Employees Fail to Agree Contract Changes

Employees who are dismissed where the sole or principal reason for dismissal is that they have not agreed to a contract change will be automatically unfairly dismissed (another major change)

Collective Redundancy Consultation

Collective Redundancy Consultation requirements where 20 employees or more are affected will be to employees across the business and not from each establishment of the business (essentially much more likely to be required)

Equality Action Plans

Regulations may require gender equality action plans

Enforcement

 There will be a new enforcement agency for a range of employment rights.

For more information on how the new Employment Bill might affect your business contact Jon Dunkley, partner and employment specialist on 01271 341021.

You can also complete an online enquiry form. One of the Wollens team will contact you as soon as they are available.