The King's Speech on July 17th didn't come with many surprises, especially for those who have been keeping an eye on the Labour government's proposed changes to employment legislation. Many of these changes had been highlighted in their manifesto and campaign material. However, understanding these changes and their potential impact is crucial for both businesses and employees.
In this blog, we'll focus on the key proposals that could significantly impact the workplace. We'll also provide some practical advice on managing these changes. It's important to remember that the Employment Rights Bill will need to go through the legislative process, including debates in the chamber and the House of Lords, as well as impact studies. This means the final form of the bill might differ from the current government’s intentions. So, let's dive into the key points.
One of the most significant proposed changes is the ban on exploitative zero-hour contracts. The government plans to ensure that workers have the right to a contract that accurately reflects the number of hours they regularly work. Additionally, all workers will receive reasonable notice of any shift changes, with proportionate compensation for shifts that are cancelled or curtailed. This move aims to end 'one-sided' flexibility, providing a baseline level of security and predictability for all jobs.
From a practical standpoint, there’s no inherent need to impose zero-hours working. Employers can offer contracts with a minimum and maximum number of hours. For instance, in industries like hospitality, this approach could make recruitment easier by providing more job security to potential employees. By having a more predictable schedule, workers can better plan their personal lives, which can lead to higher job satisfaction and retention rates.
The government also aims to end 'Fire and Rehire' and 'Fire and Replace' practices by reforming the law to provide effective remedies. They plan to introduce a code of practice similar to the ACAS code to cover these situations.
While these changes seek to protect workers from abrupt and unfair changes in employment terms, there will still be scenarios where businesses need to manage continuity. If a business needs to cut labour costs, offering revised pay structures could be a viable alternative to redundancies. It's crucial for businesses to communicate transparently with their employees and to explore all possible alternatives before resorting to such measures.
Another significant proposal is to make parental leave, sick pay, and protection from unfair dismissal available from day one for all workers. This move ensures that all employees, regardless of their length of service, have immediate access to essential employment rights. However, employers will still be able to operate probationary periods to assess new hires.
The key takeaway here is that ensuring good recruitment practices and proper assessment processes will be crucial. Employers will need to be diligent in their hiring practices to utilize probationary periods effectively. This approach not only protects employees but also encourages employers to invest in thorough recruitment and onboarding processes.
The proposed changes also include extending the time limit for issuing tribunal proceedings from 3 months to 6 months. While employers might not welcome this change, the current 3-month period often creates a rush to issue a claim. Extending this to 6 months could provide employees with more time for reflection and to secure new employment, potentially reducing the number of claims.
From an employee’s perspective, this extension allows for a more thoughtful approach to resolving disputes. It provides a better opportunity to seek legal advice, gather evidence, and consider all available options before proceeding with a claim. For employers, it emphasizes the importance of maintaining fair and transparent practices to prevent disputes from escalating to tribunal claims.
Employers should review and update employment contracts and workplace policies to ensure compliance with the new regulations. This includes adjusting zero-hour contracts and implementing fair scheduling practices.
Investing in training for management and HR personnel can help ensure that the new laws are implemented correctly and fairly. This includes understanding the new rights and protections for employees and how to manage them effectively.
Navigating these changes can be complex, but you don't have to do it alone. At Woodstock Legal Services, we offer specialist employment law advice tailored to your needs. Contact
Tony Bertin and
Richard Hiron, our experienced
employment solicitors, at
contact@woodstocklegalservices.co.uk to get expert guidance on how these legislative changes might affect your business or your rights as an employee.