Employment Rights Bill: understanding key changes

Legal: Prettys Solicitors

While we wait for the ERB to receive Royal Assent (anticipated to be Autumn this year), the direction is clear: greater protections for workers, increasing trade union influence, stronger enforcement powers and more day-one rights.

Key changes

Although the detail of this legislation is yet to be confirmed, key measures are expected to include:

• Day-one rights. Employees will gain access to core rights from their first day. This includes various family-related leave, flexible working and, significantly, the right to protection from unfair dismissal.
• Zero hour changes. While there will not be an outright ban on zero hour contracts, employers will be required to make offers of minimum guaranteed hours. There will also be the right to reasonable notice of cancelled or curtailed shifts and, in certain circumstances, a right to payment for those changed or cancelled shifts.
• Trade Union rights. We will see strengthened protections for trade unions and a wider right to access workplaces to recruit union members.
• Greater enforcement. A Fair Work Agency will be established, which will have the power to enforce various employment rights and address violations. Employment Tribunal limitation periods will also be extended from three months to six months.

For business owners, this represents more than just policy change. It also means revisiting day-to-day practices that may no longer be compliant under new rules – and this is not a ‘wait and see’ issue.

The planned timetable sees measures being introduced as soon as the ERB receives Royal Assent (likely to be Autumn), with various stages of implementation thereafter over the next two years. Preparation and strategic planning now are key to ensuring businesses do not get caught out.

What should employers do?

Now is the time to evaluate and prepare – not panic. We are working with local businesses to take a strategic approach to the ERB, focusing on the aspects which will affect them the most. As initial steps we recommend:

• Reviewing employment contracts and HR policies.
• Training managers. Review your existing probation processes and train managers to identify and tackle under-performance at an early stage.
• Taking advice early. Getting legal advice before the change hits can save both time and cost.

A solicitor can help you:

• Interpret how the ERB applies to your specific business.
• Update contracts and policies in a legally sound way.
• Handle sensitive employee issues before they escalate.

Whether you’re planning ahead or already managing a tricky situation, good commercial and pragmatic legal advice can be invaluable.