The long-awaited Employment Rights Bill has been published today, with the government hoping its commencement will deliver the ‘biggest upgrade to rights at work for a generation’.

Here are some of the most significant provisions regarding those ‘upgraded’ individual employment rights we’ve been expecting:

• Employees will have various ‘Day One’ rights including:

  • Unfair dismissal, the current two-year qualifying period will be removed and there will be a new statutory probation period, the government will consult on the length of the period but their preference is 9 months;

  • Rights of unpaid parental and bereavement leave.

• Various adjustments to the current flexible working rules which are intended to make it harder for employers to deny employees’ requests:

  • It is to become the ‘default’ for employers to say yes to employees’ requests unless they can prove such requests are ‘unreasonable’.

• Full liability for third party harassment.

   

• Employers will have to offer zero-hours workers a guaranteed contract (if they work regular hours over a defined period). Employees will have the option of remaining on a zero-hours contract or having a guaranteed contract. Also, the right to reasonable notice of shifts and payment for cancellation of shifts at short notice.

  
  

• The Bill will shut down the loopholes that allow “bullying” fire and rehire to continue by making it an automatic unfair dismissal to dismiss an employee for refusing a contract variation and strengthening provisions on collective redundancy.

  
  

• The waiting period and lower earning limits to receive Statutory Sick Pay will be removed.

  
  

• Bringing forward measures to modernise Trade Union laws.

  
  

• Increasing protection from sexual harassment (allegations would give rise to whistleblower protection), introducing gender and menopause action plans (for large employers) and strengthening rights for pregnant workers.

  
  

• Improving pay and conditions through a Fair Pay Agreement in adult social care and establishing a new Fair Work Agency to bring together existing enforcement bodies to enforce rights such as holiday pay.

  
  

• Written particulars of employment, i.e. your contracts, will need to contain a statement of union rights.

There have been rumours that the anticipated commencement date is October 2026, however this is yet to be confirmed. The government has also published a ‘Next Steps’ document to accompany the Bill which details what else it plans to implement in the future. We will be hosting a webinar next week to discuss the changes so join us for further details.