21/10/2024

The Employment Rights Bill 2024 has now been published following much speculation and debate.

As anticipated, the bill outlines some of the most extensive and radical changes we have seen to employment law in many years.

Rumour has it that the changes in the Employment Rights Bill 2024, are not expected to come into force until late 2026, but we will keep a close eye on progress.

Here’s what we know so far…

Unfair Dismissal

The Employment Rights Bill removes the qualifying period for unfair dismissal, subject to a statutory probation period which we understand will be nine months. The government is set to consult on the detail for the probation period.

Third party harassment

The new duty on employers to take reasonable steps to prevent sexual harassment commences on 26 October 2024. However, the Employment Rights Bill intends to require employers not only to take ‘all’ reasonable steps to prevent sexual harassment, but to also take ‘all’ reasonable steps to prevent harassment from third parties, such as customers and suppliers (and not just sexual harassment).

The Bill also adds sexual harassment to the whistle blowing protections.

Statutory Sick Pay

The Bill removes the need to wait three days, enabling easier access to sick pay. The lower earnings limit (£123 per week) is also set to be removed. A consultation will commence to determine the percentage rate of pay.

Paternity leave & Parental Leave

The Employment Rights Bill provides day one rights for new parents to take paternity leave which is in line with current maternity leave entitlement. It also removes the 12-month qualifying period for parental leave.

Protection from dismissal following maternity leave, shared parental leave, or adoption leave

The Bill plans to extend this to protect against dismissal as a whole if it relates to the employee having asked for or taking such leave.

Flexible working

The Employment Rights Bill outlines additional requirements in relation to flexible working, which require employers to explain in writing why it is reasonable for them to refuse a flexible working request.

Zero-hour contracts

In a bid to limit the use of zero-hours contracts, the Bill provides employees with an entitlement to guaranteed hours contracts based on the previous 12 weeks’ work, and to reasonable notice for changes to shifts and compensation for cancelled shifts.

End of ‘fire and rehire’

It will become automatically unfair to dismiss and re-engage for not accepting a change to employment terms save for one strict exception. The Bill suggests that following consultation, an employer can only fairly dismiss an employee for not accepting a change to their terms, if the change is essentially needed to save the business from financial ruin.

Bereavement leave

The Bill extends the right to take leave after a bereavement to all employees, not just parents. It means anyone suffering a bereavement will be entitled to one week of leave. The details on the relationship to the employee are yet to be confirmed.

Collective redundancy consultation

The new Bill changes the trigger for collective consultation to cover all sites if redundancy affects 20 or more employees rather than just at one establishment (site).

 

The publication of the Employment Rights Bill 2024 signals the start of the legislative process. Amendments may be proposed by both the House of Commons and House of Lords before it receives Royal Assent and becomes law.

Need advice on the Employment Rights Bill, employment law or HR issues?

Call our experienced employment team on 01782 205000 or 0161 929 8494 if you have any questions on this or any other employment matter.

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