{"id":21895,"date":"2024-11-15T10:27:30","date_gmt":"2024-11-15T10:27:30","guid":{"rendered":"https:\/\/www.riaabarkergillette.com\/uk\/?p=21895"},"modified":"2026-02-27T12:53:11","modified_gmt":"2026-02-27T12:53:11","slug":"what-is-the-employment-rights-bill-2024","status":"publish","type":"post","link":"https:\/\/www.riaabarkergillette.com\/uk\/what-is-the-employment-rights-bill-2024\/","title":{"rendered":"What is the Employment Rights Bill 2024?"},"content":{"rendered":"\n
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Despite its transformative potential, the Employment Rights Bill 2024 represents a gradual shift rather than an immediate overhaul. Many key reforms have been postponed, diluted, or subject to further consultation. The Bill\u2019s staggered approach offers employers time to adapt, but it signals a new direction for worker rights in the UK.<\/p>\n\n\n\n

A gradual introduction of reforms<\/h3>\n\n\n\n

Fulfilling the government\u2019s election promise to publish the Bill within 100 days of their landslide election victory led to compromises and unfinished business. Several ambitious reforms outlined in the government\u2019s Make Work Pay<\/a> manifesto, aimed at addressing low pay, job insecurity, and poor working conditions, were scaled back under pressure from employers. Consequently, some of the most impactful provisions remain under consultation or will be phased in over time.<\/p>\n\n\n\n

Alongside the Bill, a companion paper, Next Steps<\/a>, outlines how the government intends to deliver on its election promises not yet covered by the Bill. With implementation unlikely before mid-2025 and some measures delayed until at least 2026, the Bill reassures employers that there will be no sudden shifts in the legal landscape.<\/p>\n\n\n\n

Fundamental changes and what\u2019s missing<\/h3>\n\n\n\n

Unfair dismissal rights from day one <\/h4>\n\n\n\n

One of the most anticipated changes is the introduction of unfair dismissal protections from the first day of employment. Currently, employees need two years of continuous service to qualify for such protection. The Bill proposes a statutory probationary period, likely between six and nine months, giving employers time to assess an employee\u2019s suitability. While media reports hint at this timeframe, the final details remain subject to consultation.<\/p>\n\n\n\n

Flexible working as a day-one right <\/h4>\n\n\n\n

Building on previous legislation, the Bill makes flexible working a statutory right from the first day of employment. Employers can still refuse requests based on the eight permissible business reasons for refusal, but the refusal must be reasonable. This shift is expected to encourage greater workplace flexibility and make it easier for employees to challenge refusals.<\/p>\n\n\n\n

Regulation of zero-hours contracts <\/h4>\n\n\n\n

While zero-hours contracts remain lawful, the Bill introduces protections for workers. Employers must provide contracts that reflect the average number of hours worked and give reasonable notice of shifts. Workers will also be compensated if shifts are cancelled without adequate notice, offering more security to those in precarious employment.<\/p>\n\n\n\n

Protections against \u2018fire and rehire\u2019 <\/h4>\n\n\n\n

The Bill introduces significant protections against the controversial practice of “fire and rehire,” where employers dismiss staff and offer reemployment on less favourable terms. Under the new law, dismissing an employee for refusing changes to their contract will be considered automatically unfair, closing a loophole that has allowed employers to pressure workers into accepting less favourable conditions.<\/p>\n\n\n\n

Strengthened protections for new parents <\/h4>\n\n\n\n

Pregnant women and new mothers will enjoy extended protections under the Bill. It will become unlawful to dismiss a woman on maternity leave and for six months after her return, except under specific circumstances. Additionally, paternity and parental leave will become day-one rights, with no qualifying period required, making it easier for employees to access these entitlements.<\/p>\n\n\n\n

Reforms still in consultation<\/h3>\n\n\n\n

Single worker status <\/h4>\n\n\n\n

A key reform absent from the Bill is the proposed single-worker status, which aims to simplify employment categories by merging the current distinctions between \u201cworker\u201d and \u201cemployee.\u201d This proposal is still under consultation, but its implementation would represent a significant step toward greater clarity in employment rights, especially for the gig economy and freelance workers.<\/p>\n\n\n\n

The right to disconnect <\/h4>\n\n\n\n

Another highly anticipated reform, the right to disconnect, was left out of the Bill. Designed to protect employees\u2019 time outside of work, particularly in an era of increasing remote work, this provision will be addressed through a forthcoming code of practice instead. Consultation on this issue is expected next year.<\/p>\n\n\n\n

Other notable reforms<\/h3>\n\n\n\n

Statutory Sick Pay (SSP)<\/h4>\n\n\n\n

Under the current system, Statutory Sick Pay (SSP) is only available after four days of sickness and for those earning over \u00a3123 per week. The Bill removes both the waiting period and the earnings threshold, making SSP available to all employees from the first day of illness. This reform is expected to be one of the first to take effect.<\/p>\n\n\n\n

Tougher harassment laws <\/h4>\n\n\n\n

The Bill significantly strengthens employer responsibilities regarding workplace harassment. Employers will now have a duty to take “all reasonable steps” to prevent harassment, a marked increase from the current standard. This includes liability for harassment by third parties, not limited to sexual harassment, making it easier for employees to seek redress.<\/p>\n\n\n\n

The Fair Work Agency <\/h4>\n\n\n\n

A new Fair Work Agency will be established to oversee the enforcement of workers’ rights, including issues such as holiday pay. By unifying various enforcement bodies, this agency aims to streamline the process for employees seeking justice and ensure greater compliance with employment law across the board.<\/p>\n\n\n\n

Implications for employers<\/h3>\n\n\n\n

While many reforms will not take effect until 2025 or later, employers should begin preparing for the upcoming changes. The phased approach gives businesses time to review their policies, contracts, and dismissal procedures to ensure compliance with the new laws. Particularly important areas of focus include:<\/p>\n\n\n\n