New Employment Rights Bill

Preparing for Change: Key Insights and Actions for Employers on the Upcoming Employment Rights Bill

The pending Employment Rights Bill announced by the new Government soon after the general election could be quite a challenge for employers, it is certainly the biggest change to employment law we have seen for a number of years.  So, Jo Godson, MABN Board Member and HR Director with a local firm employing 160 employees ‘attended’ a webinar recently to try to find out what it is all about and how soon employers could be affected.  Here is a roundup of what she found out: –

Whilst we should keep an eye on the content of this Bill as it makes its journey through parliament, the first thing to say is don’t panic, whilst the Employment Rights Bill is huge, going through the parliamentary process  will take until summer next year, and then it will be during 2026 that the changes come in to effect, with a commitment that one of the biggest changes – Day one of employment right to claim unfair dismissal – will be effective from Autumn 2026.

Two areas where major changes are expected are:

• Prevention of Harassment – this is to be extended to state that employers must take all reasonable steps to protect its employees from harassment.  “All Reasonable Steps” will be defined in the legislation to help employers to understand the breadth of their responsibility.  Employees will be able to claim harassment as a standalone right instead of in addition to other grievances/claims as is currently the case.  This will become a Criminal Liability for Directors (in line with current H&S) and is effective from 24 October 2024!
  
  

• Dismissal Rights and Protection from Day 1 of Employment – There will be no qualifying period therefore employees will be able to claim unfair dismissal from day one of employment.  Unfair dismissal is where an employee is dismissed “without valid reason or warning or without following the organisation’s disciplinary or dismissal process”
  
  There is likely to be an initial 9-month period during which a modified approach to dismissal will be able to be taken as long as reasons for dismissal are justified e.g. Capability/SOSR/Illegality/Conduct.  This is being referred to as a lighter touch approach and could be something simple like convening a meeting to explain the circumstances, however, it does not prevent employees from making a claim.

So what could you think about doing about it now to prepare:

Prevention of Harassment:

1. Provide training for all employees and managers related to harassment claims on an ongoing basis to raise awareness.  Encourage discussion of training sessions in teams’ meetings.
   
   
2. Carry out risk assessments of the potential of harassment.
   
   
3. Publish policies and procedures to clearly show how harassment will be addressed and how to handle a harassment complaint. 
   
   
4. Revisit training records regularly to ensure that employees have recorded the training they have attended.
   
   
5. Provide regular training refresher sessions.
   
   

Day 1 Dismissal:

1. Include in the employment contract a 9-month initial period clause setting out rights, notice periods and procedures that apply etc.
   
   
2. Focus on creating and developing robust recruitment, which is detailed and focussed, plus extensive induction and training to ensure you are confident that you have the right candidate between now and Autumn 2026.
   
   

Other areas that will potentially be impacted by the Employment Rights Bill include; zero hour contracts, work life balance and family friendly policies.

There are some things you can think about now to prepare:

• Work life balance / flexible working requests:  Move to a ‘why can’t we do it’ approach instead of a ‘why should we do it / how do we refuse it to these requests’. 
  
  

• Develop a Menopause Policy that includes a Menopause Action Plan
  
  
• Consider entering into a voluntary recognition agreement with a TU.

As an employer, if you are concerned about the changes the Employment Rights Bill will introduce, want more information or wonder what you can do to prepare, why not speak to one of the HR Consultant / Employment Advisors who are fellow MABN members:

Banner Jones Solicitors
Email: employment@bannerjones.co.uk
Tel: 01246 605132

Integra HR
Email: joanne@integrhr.co.uk
Tel: 07582651651

Other articles on this subject:

Employment Rights Bill – Labour’s Employment Rights Bill: What changes have been announced and who is affected? | Banner Jones Solicitors in Sheffield, Chesterfield, Dronfield & Mansfield

Sexual Harassment Law changes – Updates to Sexual Harassment Laws – is your business ready? | Banner Jones Solicitors in Sheffield, Chesterfield, Dronfield & Mansfield