Implementing the Employment Rights Bill – The Government Releases a Delivery Plan for Change

The Government has recently released its “roadmap” on implementing the Employment Rights Bill.

This article from the Whitehead Monckton Employment Law team explores the key dates to note as provided by the government, as well as the practical steps you can take to prepare for the upcoming changes.

As part of one of the largest and most widely known and recommended law firms in Kent and the South East, we are ideally-placed to help companies and individuals navigate the implementation of the Employment Rights Bill.

Your people are key to the success of your business, and we take time to understand your ethos and objectives to offer advice tailored to your needs, so that, whatever your question, you’re never far from an answer.

The Employment Rights Bill Implementation Roadmap

The Bill, introduced last October, promised wide sweeping changes to the employment landscape. From the ending of fire and rehire to the greater protections for unfair dismissal, the Bill’s range is vast (for a reminder on the changes please see our earlier article). With much talk as to when the changes would come into effect, the latest guidance provides us with a clearer idea.

Summary of Key Dates:

The guidance sets out a detailed plan on the implementation of the Bill. Below we have summarised the key date and key changes that you should know.

  • Immediate – repealing of Strikes (Minimum Service Levels) Act 2023 and parts of Trade Union Act 2016, further protections from dismissal for those participating in industrial action.
  • April 2026 – introduction of day 1 paternity and unpaid parental leave, enhanced whistleblower protections, Fair Work Agency introduced, removal of lower earnings limit and waiting period for Statutory Sick Pay (SSP), protective award for collective redundancies introduced.
  • October 2026 – ban on fire and rehire comes into effect, trade union rights expanded, employers’ duty in regards to sexual harassment strengthened.
  • 2027 – introduction of mandatory gender pay-gap and menopause action plans, strengthening of rights for pregnant workers, protections against zero-hour contract abuse introduced, introduction of the day 1 right to unfair dismissal.

Overview of Changes:

It has come as a surprise for many that the reforms to zero-hours contracts and day 1 unfair dismissal rights will not come into effect until 2027. Seen as perhaps the greatest change to the law, the granting of day one unfair dismissal rights (a change from only being available to those with a minimum of two years’ service as per the current laws) is estimated to see 9 million more individuals being eligible to this right.

The government had announced the introduction of a statutory probation period wherein employees will be granted some protection to dismiss unsatisfactory hires without the risk of an unfair dismissal claim.

Additionally, the banning of zero-hours contracts has been an area of key focus for the new government. Labelled as exploitative and having “one-sided flexibility”, zero-hours contracts have long been under scrutiny. New laws will give employees a contract that reflects the number of hours regularly worked and reasonable notice of any change in shifts or working time, with compensation that is in proportion to the notice given for any shifts cancelled. These new laws look to end “one-sided flexibility” and seek to provide all workers with a baseline of security and predictability.

Further Reviews of Parental Leave and Pay Announced

In addition to the changes to family-friendly rights introduced under the Employment Rights Bill, the government has announced a full review of parental leave and pay in order to “modernise the system”. The review will seek to explore all types of parental leave and pay, including maternity, paternity, adoption and shared parental leave and pay, to determine how the system can better work for parents and employers alike.

The system will be assessed against four objectives including maternal health, economic growth through labour market participation, “best start in life” and childcare. This review is expected to run for 18 months and will conclude by setting out findings and next steps for potential reform.

What this Means for You!

By keeping up with developments, you can help your company thrive. Undertaking a review of your current policies is a great way to ensure your organisation stays compliant, and both you and your employees are protected.

With a clearer picture of when laws will come into effect, making plans to prepare for the changes now means you will not be left scrambling when the time comes. Also look to take steps to identify who within your organisation may be affected by the upcoming changes explored in the new Bill, so you can best prepare and adapt your working practices ahead of the implementation.

How Whitehead Monckton Can Help

Here at Whitehead Monckton, our Employment Law team is fully up-to-date on this rapidly developing area of Employment Law, and is ideally placed to help you navigate this transition period.

Whether helping with policy reviews or providing you with legal support so you understand your position in light of the new changes, our expert team has years of experience in dealing with such matters across many sectors including:

 

Working alongside HR consultancy experts Eclipse HR also ensures that, should you need HR advice, the integration is seamless, and the support offered is of the same high quality.

For support or guidance around these forthcoming changes, or to discuss any other employment related matter,

 

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