At our recent Talking HR event, we discussed navigating the new normal and the challenges businesses faced around evolving work policies, from remote, hybrid and onsite work.

Su Apps, Partner at Ashfords LLP, covered their experience of the transition as well as giving an update on the upcoming Employment Rights Bill. As she remarked, the bill “has the potential to be the biggest change to employment law in a generation.”

But what do we need to do?

Su discussed how, for now, the bill is just a plan. Consultation will begin on the reforms in 2025, with most reforms taking effect no earlier than 2026.

So for now, there isn’t much we can do to prepare. Until the bill, and subsequent laws, pass, we won’t know for certain what changes are on the horizon.

However, Su advised it is always a good idea to ensure your current policies and contracts are up to date, which should make them easier to refresh down the line.

What does the bill cover?

Address one sided flexibility

• Ban zero hours contracts and introduce compensation for short notice cancellation of shifts
• End fire and rehire / replace practices
• Provide day one rights from unfair dismissal
• Strengthen redundancy rights

Family rights

• Make paternity leave and unpaid parental leave a day one right
• Introduce a new right to bereavement leave
• Introduce protections from dismissal for a woman who is pregnant and for six months after her return to work
• Strengthen day one rights for flexible working

Fairness and equality

• Strengthen duty to prevent sexual harassment
• Introduce obligation on employers to not permit harassment of their employees
• Sexual harassment to form part of the protected disclosures
• Include outsourced workers in the reporting of the gender pay gap
• Introduce equality action plans to address gender pay gap issues and support employees going through menopause

Fair pay

• Improve access to statutory sick pay by removing the lower earnings limit and waiting period

• Reinstate the School Support Staff Negotiating Body to improve terms and conditions for school support staff

• Establish fair pay agreements in the adult social care sector

• Strengthen tipping law, ensuring workers receive their tips in full

• Reintroduce the two-tier code on procurement ensure employees working on outsourced contracts will be offered terms and conditions

Modernise trade union legislation

• Repeal the Strikes (minimum service levels) Act 2023
• Repeal the trade Union Act 2016
• Strengthen trade unions’ right of access
• Simplify trade union recognition process
• Introduce new rights and protections for trade union representatives
• Introduce a duty for employers to inform workers of their right to join a trade union
• Introduce additional protections from blacklisting

Employment rights enforcement

The bill aims to establish the Fair Work Agency which will bring together;

• Regulations for employment agencies and employment businesses
• The unpaid employment tribunal award penalty scheme
• Enforcement of the National Minimum Wage
• Statutory Sick Pay
• Licensing regime for businesses operating as ‘gangmasters’ in certain sectors
• Wider employment rights for holiday pay

Where can I get more information?

• People Management
• CIPD
• Personnel Today