What’s new: Employment Rights Bill




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The Employment Rights Bill is continuing to make its way through Parliament.  In recent days the Government has announced further information about new amendments to the Bill and the likely timeframes in which the new laws will come into effect.

We have summarised the most significant developments for you:

Government reveals Implementation Roadmap

Last week, the Government offered long-awaited clarification on the rollout of its employment law reforms. In its newly released document, ‘Implementing the Employment Rights Bill – our roadmap for delivering change’  (the “Roadmap”), the Government outlined a phased timeline for implementation, with the final stages scheduled as late as 2027.

The phased approach of the Roadmap, according to the Government, will allow employers to plan ahead and effectively prepare by granting them adequate time to consider the reforms and develop thorough plans for introducing them into the workplace.

Employers should review the Roadmap to assist in preparing for the changes that will be implemented in due course.

Most notably, it has now been confirmed that the much-anticipated ‘Day 1’ right to claim unfair dismissal and protections against zero hours contracts abuse will not come into effect until that final stage in 2027. This may reassure employers that they still have time to take proactive measures ahead of some of the most momentous changes.

The Roadmap makes it clear that the timetable sets out the Government’s initial view on when some key changes should take effect. However, various consultations on aspects of the Bill will commence this summer, so the timetable may be subject to change.   The Roadmap also confirms that details of the new laws will be set out in secondary legislation or regulations, which will be supported by Codes of Practice and guidance. In some cases, existing Codes of Practice will need to be amended or revoked, and some new Codes of Practice will be required. 

Important new amendments

The Government have now also published a running list of amendments to the Employment Rights Bill. The amendments that are likely to be of most interest to employers are:

  • A new ban on employers using non-disclosure agreements to silence workplace harassment and abuse;
  • Families who experience pregnancy loss before 24 weeks are set to become entitled to protected bereavement leave;
  • Significant changes to whistleblowing legislation;
  • Relaxation of the ban on fire and rehire; and
  • Changes to the zero-hour worker rules.

Not all of these amendments are backed by the Government and therefore it is not currently clear which of these amendments are most likely to pass and become law in due course. 

It has also been reported this week that business secretary, Jonathan Reynolds, has said that he recognises the potential burden on business of the changes to employment law, and did not rule out further concessions.  This may lead to further amendments in due course.

We will keep you updated with developments in this area.  If you have any queries about upcoming changes to employment law, or any other employment law issues, please contact Taylor Walton’s employment law team here.

Disclaimer: General Information Provided Only
Please note that the contents of this article are intended solely for general information purposes and should not be considered as legal advice. We cannot be held responsible for any loss resulting from actions or inactions taken based on this article.

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