The Employment Rights Bill

Introduction & Purpose:

• Hosted by Coby Philips, this was the first roundtable event aimed at creating a professional community.
• Led by James Osborne and Rhys Thomas (Managing Director of WTT), focusing on the UK Employment Rights Bill (ERB).

Overview of the Employment Rights Bill:

• Published in October last year, set to be enacted later this year or early next year.
• Brings key legislative changes, shifting power towards employees while increasing administrative responsibilities for businesses.

Key Legislative Changes Discussed:

• Flexible Working Rights: Becomes the default for all workers; employers must justify refusals.
• Zero-Hours Contracts: “Exploitative” zero-hours contracts to be banned; workers will have the right to guaranteed hours based on a 12-week reference period.
• Day 1 Rights: Employees gain statutory sick pay, paternity leave, and unfair dismissal rights from day one of employment.
• Fire & Rehire Ban: Employers cannot dismiss and rehire employees to force contract changes unless to prevent financial collapse.
• Protection for Pregnant Workers: Unlawful to dismiss a new mother within six months of returning from maternity leave.
• Third-Party Harassment: Employers must take “all reasonable steps” to prevent workplace harassment, including by external parties.

Q&A Highlights:

• Office Presence & Flexible Work: Employers can mandate office-based work if contracts specify it, but must consider flexible work requests.
• Remote Work from Abroad: Requests will be assessed based on feasibility, time zones, and business needs.
• Bereavement Leave: Still under consultation; details on eligible family members are pending.
• Performance Issues Post-Maternity Leave: Unclear how performance-based dismissals will be handled under the new protection period.

Takeaways & Next Steps:

• Businesses should start preparing policies, reviewing contracts, and training managers ahead of legislative changes.
• The consultation period will run through late 2025, with secondary legislation expected in 2026.
• Employers should focus on compliance and employee engagement to navigate the new framework effectively.