Employment Rights Bill 2024

The Helens

The Helens

Unless you’ve been on a digital detox for the past few weeks (and if you have, we wish you well) – you’ll be aware of the proposed employment legislation changes the Government have committed to introducing.

These amendments aren’t expected to take effect until 2026 HOWEVER, they’re big – you’ll need to have things in order well in advance of the launch.

The proposed amendments are:

  • Give protection against unfair dismissal from day one, while allowing employers to operate probation periods
  • Strengthen statutory sick pay
  • Establish parental and bereavement leave from day one  
  • End exploitative zero hour contracts   
  • End practices of fire and rehire and fire and replace  
  • Make flexible working the norm where practical  

We’ve focussed on what we consider to be ‘The Big Three’, below:

Unfair Dismissal from Day One

The two-year qualifying period for unfair dismissal will be removed so that employees can claim ordinary unfair dismissal from day one of employment. Employers will be able to use probationary periods; the government has indicated that their preference is for a nine-month probationary period during which organisations could follow a shortened dismissal procedure. How that will operate in practice will be crucial; the bill does not contain that detail and it will be subject to consultation. 

Employers will still be able to dismiss employees with under two years’ service for potentially fair reasons, such as capability or conduct, and it appears that failure to pass a probation period will be added as another category of potentially fair reason for dismissal. However, employers will be required to follow fair and transparent rules and processes to establish a fair dismissal.

Regardless of when or how the changes will be legally implemented, it is important you follow the process detailed in your Probation Policy to actively manage probationary periods for their employees.

Statutory sick pay 

This will be available from day one of employment (currently Day 4), and the lower earnings limit eligibility requirement will be removed. 

Parental leave and paternity leave

This will be available from day one of employment. More people will become eligible for statutory bereavement leave. We’re interested to hear if statutory maternity leave and pay will also become a day one right (currently eligibility for SMP is 26 weeks’ of employment at the Qualifying Week).

If you have any questions, please email helen.manson@complexhr.co.ukk

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