Employment Law Changes in the UK
6th Aug 2024
Author: Mohammed Balal
Following our recent article on the changes to Employment Law outlined in Labour’s ‘Plan to make work pay’. The recent King’s Speech on 17 July 2024 introduced sweeping changes to UK Employment Law, reflecting the priorities of the new Labour government.
These changes are set to significantly impact employers and employees across the nation. The Labour government’s proposed changes represent a significant shift towards enhancing worker protections and strengthening the role of trade unions.
Key Employment Law changes:
Unfair Dismissal Rights from Day One
The qualifying period for unfair dismissal claims will be abolished, granting employees the right to claim unfair dismissal from the start of their employment. Employers will need to review their dismissal and probationary processes to ensure they comply with the new regulations.
Parental Leave, Flexible Working, and Statutory Sick Pay
Parental Leave: This will be available from day one of employment, removing the current one-year qualifying period.
Flexible Working: Flexible working will become the default option for all workers, except where it is not reasonably feasible.
Statutory Sick Pay (SSP): SSP will be extended to all workers, including those earning below the lower earnings limit, and the current three-day waiting period for SSP will be removed.
Sexual Harassment
Employers will have a duty to take all reasonable steps to prevent sexual harassment, including by third parties. Enhanced protections for whistleblowers, particularly staff reporting sexual harassment, will also be introduced.
Maternity Protection
It will be unlawful to dismiss a woman within six months of her return from maternity leave, except in specific circumstances. Employers must be prepared to adapt their maternity leave policies accordingly.
Right to Switch Off
Employees will have the right to disconnect from work outside of working hours, preventing work from encroaching on personal time.
Employers will need to develop and implement policies to respect this right.
Zero Hours Contracts
Exploitative zero-hours contracts will be banned. Employers must provide contracts that reflect the actual number of hours worked, and they will be required to compensate employees for shifts cancelled without reasonable notice.
Fire and Rehire
The practice of firing employees and rehiring them on reduced terms will be banned. Effective solutions against abuses in this area will be introduced. Employers must review their redundancy and rehiring practices to ensure compliance.
Trade Unions
New responsibilities will be imposed on employers to inform workers of their right to join a union and to allow union access to workplaces. Various existing restrictions on trade union activities will be removed, enhancing protections for union representatives.
Pay and Equality
Measures to ensure equal pay for women and extend gender pay gap reporting to outsourced workers will be introduced. Large firms will also be required to publish action plans to close the gender pay gap and report on ethnicity and disability pay gaps.
Single Worker Status
The existing categories of employee, worker, and self-employed will be consolidated into two: worker and self-employed. This change aims to extend certain employment rights to those currently classified as workers.
How Butcher & Barlow Solicitors can help:
Policy and Procedure Review
We can assist in reviewing and updating employment policies and procedures to ensure compliance with the new regulations. This includes revising contracts, dismissal processes, and parental leave policies. Butcher & Barlow also offer a HR Audit service which can identify areas of risk and suggest opportunities for improvement to align with best practices.
Training and Education
Our Team offers training sessions for HR personnel and management on the new Employment Laws, helping them understand the implications and how to implement the necessary changes effectively.
Advisory Services
We provide ongoing advisory services to help employers navigate complex employment issues, including handling unfair dismissal claims, managing flexible working requests, and ensuring compliance with Maternity Protection Laws.
Legal Representation
In the event of disputes or litigation, our experienced Solicitors offer robust legal representation to protect our clients’ interests and achieve favourable outcomes.
Equality and Diversity Initiatives
We help employers develop and implement action plans to address pay gaps and promote equality and diversity within the workplace. This includes assisting with the collection and analysis of relevant data and reporting requirements.
The changes to UK Employment Law introduced in the King’s Speech are extensive and will require employers to make significant adjustments. Butcher & Barlow Solicitors are committed to supporting employers through this transition, offering expert advice and practical solutions to ensure compliance and minimise disruption.
For tailored guidance on how these changes may impact you or your business, contact our Employment Law Specialist, Mohammed Balal, at mbalal@butcher-barlow.co.uk or call him on 0161 764 4062.
