HR Magazine – Bill of Rights at Work: HR reacts

The bill outlines changes to employment law, which included: unfair dismissal on the first day and parental leave rights, banning zero-hours contracts and dismissal and retrenchment practices, sick pay legal reform and the repeal of anti-union legislation.

He also outlined plans to consult on the right to disconnect, the ethnicity and disability pay gap report and the creation of a new definition of employment status.

The legislation is not likely to come into force until autumn 2026 at the earliest.

Unfair dismissal and probation

The legislation must remove the two-year qualifying period for unfair dismissal, instead offering workers protection from day one against unfair dismissal.

Alongside the legislation, the government said it will consult with employers about updating the trial period for new hires. It said it hoped to enable “businesses to hit the ground running while giving more people the confidence to re-enter the workforce or change careers”.

said Alex Mizzi, legal director and employment attorney at the law firm Howard Kennedy HR magazine: “Government announcements indicate that employers are expected to give employees during their probationary period at least one warning that their performance is not up to par before dismissing them.

“This will force employers to tighten up their processes for evaluating the performance of recent hires. At the moment, this is often left until the final days of the trial period. This approach will not work once these changes come into effect.”

Mizzi added that the changes to probationary periods could put extra pressure on employers to hire new hires.

“It will put pressure on employers to make hiring decisions right and actively manage performance, both during probationary periods and beyond,” he continued.

Zero hour contracts

The bill claimed to end “exploitative” zero-hour contracts. Workers on zero or short-time contracts are entitled to guaranteed hours contracts if they work regular hours during a reference period of 12 weeks.

This would require employers to provide reasonable notice of shifts and compensation when they cancel shifts. Government officials said this would give workers security of earnings.

Employees who wish to remain on zero hours contracts.

Martin Williams, head of employment and partner at law firm Mayo Wynne Baxter, said the impact the zero-hours contract reforms would have on employers was unclear.

talking with HR magazine, said: “The proposals for zero-hours contracts are incredibly complicated, which will add an extra administrative burden for employers, who will be trying to figure out how to comply with the law.

“However, it could mean greater flexibility for employers by expanding the possibility that a wider group of employees can take on.”

---

Read more: A record number of young people on zero hours contracts

---

Fired and rehired

Part of the changes to unfair dismissal rights involve the government cracking down on fire and hiring practices, particularly of working parents.

However, the government has weakened its original stance on firing and hiring, according to David Browne, head of employment at law firm Shakespeare Martineau.

“While fire and watch cases make headlines when they happen, such as the notable Tesco case just a few weeks ago, they are rarely used, let alone abusively,” he said. HR magazine

“By not banning the practice outright, as many predicted, the government has reduced the occasions when fire and recruitment can be permitted, which is in line with the already existing Acas Code of Practice introduced earlier this year. This further safeguards employees, but is not the radical change that was envisioned.”

Parental permission

The government has pledged to establish a first-day right to paternity, paternity and bereavement leave for employees.

This will include improved protections for pregnant women and new mothers. The first-day right to unfair dismissal will be extended to protect women from dismissal during pregnancy, on maternity leave and in the six months following their return to work. It will also apply to those on adoption or shared parenting leave.

Natasha Kitson, founder of parenting consultancy Maternity Mentor, suggested that employers will need to be more proactive in their support for working parents.

she said HR magazine: “The proposed changes have the potential to create a more inclusive and supportive workplace culture for fathers, helping to bridge the gap between employer expectations and the realities of working fatherhood.

“Employers will need to be more proactive in accommodating flexible working requests and create environments that support work-life balance, such as de-stigmatizing leave to care for your child.”

Kitson called on the government to provide more enforcement mechanisms for parents facing discrimination.

Sick pay

Statutory Sick Pay (SSP) is set to be reformed under legislation. The government intends to remove the lower earnings limit and the current three-day waiting period before workers are entitled to sick pay.

A Fair Work Agency must also be formed, which will be responsible for enforcing holiday pay and strengthening the SSP.

Brigitte Weaver, labor attorney at Katten Muchin Rosenman LLP, described the changes as a positive move for employees.

talking with HR magazine, said: “It’s good news for employees, especially women, who tend to be disproportionately affected by the three-day waiting period.”

But the changes could come at a cost to small businesses, said Andrew Macmillan, labor partner at Spencer West LLP, who said HR magazine: “A recent government report concluded that the overall impact of the SSP reform is difficult to predict, but even if they do not result in lower levels of sickness absence, larger firms could probably absorb the costs

“This would not necessarily be true for smaller businesses. So we expect there will be a strong call for government to consult with small and medium-sized businesses about the design of a possible small business discount for SSP.”

According to Angela Matthews, director of policy and research at the non-profit Business Disability Forum, the proposed changes did not take into account people on long-term sick leave or employees who are making a gradual return to work . inclusion of disability in work.

talking with HR Matthews said: “Changes to statutory sick pay are welcome, but often people who are unwell or recovering may need a gradual return to work to help them manage their energy levels and his condition

“The current all-or-nothing approach to SSP does not allow this, and means that people are forced to return to full hours before they are ready, or not to return to work and remain on SSP. This is obviously problematic for both the individual and the employer.”

---

Read more: The government foresees the right to ask for four days in the working week

---

Flexible work

The government has set out to change the law to make flexible working the default for all.

said Novo Constare, CEO of flexible work platform Indeed Flex HR magazine who feared this would create more uncertainty for employers.

He said: “The proposals will give employees more rights and better job security, but it won’t happen overnight.

“Businesses across the country have faced major challenges in recent years, and there is a risk that these proposals could create further uncertainty. More detail and clarity is needed as soon as possible so that employers have plenty of time to get their ducks in a row and to ensure recruitment strategies are not disrupted.”

An increase in requests for flexible working would be difficult for SMEs, according to Gareth Burrows, founder of an HR platform for SMEs, Breathe HR.

talking with HR magazine, said: “Processing applications for flexible working will be an important but time-consuming task for already stretched HR in SMEs.”

trade unions

The Work Rights Bill will repeal the previous Conservative government’s Minimum Service Levels (Strikes) Act, which required a minimum number of employees to work while industrial action was taking place.

This will give unions “more freedom to organize, represent and bargain on behalf of their workers” and also make it easier for unions to be recognized.

The changes would create a new relationship between unions and employers, predicted Anna Dabek, employment and pensions partner at law firm Anthony Collins.

she said HR magazine: “Labour’s predictable repeal of the unpopular Minimum Service Levels (Strikes) Act will be welcomed by most, as it was a deeply divisive but essentially unused law. In addition, the Bill sets out a number of of not inconsiderable changes for the relationship between unions and employers. We look forward to seeing how they approach practice.”

minimum wage

The cost of living will be taken into account, the legislation states, when setting the minimum wage. Discriminatory age ranges of minimum wages must also be removed.

Redundancy

The bill also changes employers’ obligations regarding mass layoffs, or when 20 or more employees are laid off in a period of 90 days or less. This means employers will need to check with the “appropriate representatives”.

They will have to notify the Secretary of State of proposed layoffs; failure to do so will become a criminal offence.

‘Beyond the bill’

The Labor Party announced it would introduce a right to disconnect, ahead of this year’s general election. However, the bill states that it will be introduced “subject to consultation”.

The government has also pledged to introduce an Equality (Race and Disparity) Bill, as announced in its election manifesto, which would require large employers to publish their ethnicity and disability pay gap data.