Employment Rights Bill 2024 and ‘next steps’

The Employment Rights Bill 2024, published on 10 October 2024, contains 28 measures hailed by the government as the ‘biggest upgrade to rights at work for a generation’. The measures, many of which were set out in the government’s Plan to make work pay and Manifesto, include:

• provisions to end ‘exploitative’ zero-hours contracts and fire and rehire practices

• removal of the two-year qualifying period for protections from unfair dismissal

• entitlement to statutory sick pay (SSP) from the first day of illness, rather than the fourth day

• removal of the lower earnings limit for SSP

• a day one right to paternity leave

• a day one right to unpaid parental leave

• a day one right to unpaid bereavement leave

• the right to request flexible working from day one, with employers only able to refuse the request if they can prove it is unreasonable

• large employers will be required to create action plans to address gender pay gaps and support employees going through menopause

• protections against dismissal will be strengthened for pregnant women and new mothers

• repeal of the Strikes (Minimum Service Levels) Act 2023 and the Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2022, SI 2022/852

• a number of new and expanded trade union rights in relation to blacklisting, trade union recognition and balloting

The government has also published a Next Steps to Make Work Pay policy paper outlining forthcoming wide-ranging consultations which will feed into amendments to the Employment Rights Bill’s passage through Parliament, and wider reforms sitting outside the Bill that the government is looking to implement in the future. These include:

• consultation on a statutory Code of Practice on a right to switch off

• consultation on the draft Equality (Race and Disparity) Bill which will make it mandatory for large employers to report ethnicity and disability pay gaps

• consultation on a move towards a single status of worker and transition towards a simpler two-tier employment status

• reviews into parental and carer’s leave

• consultation on workplace surveillance technologies

• call for evidence to examine issues relating to TUPE regulations and process

• consulting with Acas on raising collective grievances

• review of health and safety guidance and regulations.

Pro Employment Law

Formed in 2017, following significant legislative changes designed to increase competition within the legal services marketplace, Pro Employment Law is a progressive set of barristers’ chambers, consisting only of experienced employment law barristers, offering a full range of specialist advisory, case management, and advocacy services directly to the public through the Public Access scheme. We supply our legal services exclusively in the area of Employment Law to clients located across England & Wales. All of the legal services we supply are covered by professional indemnity insurance with Bar Mutual.