Understanding the Employment Rights Bill
The UK government has introduced what it calls the biggest upgrade to employment rights in a generation. The Employment Rights Bill, unveiled in October 2024, promises sweeping changes that will fundamentally reshape the relationship between employers and employees across the country. The main focus points are as follows:-
Protection from Day One
Perhaps the most significant change for workers is the removal of the two-year qualifying period for unfair dismissal claims. Under the new legislation, it is proposed that employees will have the right to challenge unfair dismissal from their very first day at work. While employers will still be able to use a statutory probation period to assess new hires, this change marks a substantial shift in the balance of power, particularly for those in precarious employment situations.
The bill also tackles the controversial practice of ‘fire and rehire,’ where employers dismiss staff and rehire them on worse terms. These dismissals will be considered automatically unfair unless businesses can demonstrate they genuinely had no alternative.
An End to Exploitative Zero-Hours Contracts
For the millions of workers on zero-hours contracts, relief is on the horizon. The bill introduces rights to guaranteed hours based on regular working patterns, reasonable notice of shift changes, and crucially, payments when shifts are cancelled at short notice. These measures aim to provide a baseline of security for workers who have long faced one-sided flexibility that benefits only employers.
Strengthened Sick Pay and Family Leave
The reforms to Statutory Sick Pay remove both the lower earnings limit and the waiting period, meaning workers will receive sick pay from day one regardless of their salary level. This change will particularly benefit lower-paid workers who have historically been excluded from statutory sick pay protection.
Family-friendly provisions receive a significant boost too. Paternity leave and unpaid parental leave will become day-one rights, while new mothers will enjoy enhanced protection against dismissal for six months after returning to work. A new right to unpaid bereavement leave acknowledges the need for time to grieve without fear of losing one’s job.
Better Flexible Working and Harassment Protections
The existing right to request flexible working, already a day-one entitlement, will be strengthened. Employers will need to provide clear explanations when rejecting requests and ensure their decisions are reasonable rather than arbitrary.
On workplace safety, employers will be required to take ‘all reasonable steps’ to prevent sexual harassment and will be held accountable for harassment by third parties such as customers or clients. These measures reflect growing recognition that workplace culture must change.
Easier Access to Justice
Workers will have twice as long to bring employment tribunal claims, with the deadline extending from three to six months. A new Fair Work Agency will consolidate enforcement of various employment rights and will have the power to bring cases on behalf of workers, potentially removing the financial and emotional burden many face when challenging their employers.
The Road Ahead
Most of these reforms are not expected to take effect until 2026 at the earliest, with consultations ongoing to finalise the details. The government insists it has worked closely with both businesses and trade unions to develop measures that are both pro-worker and pro-business.
For employees, these changes represent the most comprehensive upgrade to workplace rights in decades. From greater job security to better work-life balance and stronger protections against exploitation, the Employment Rights Bill promises to deliver meaningful improvements to working life for millions across the UK.
The question now is not whether these changes will happen, but how effectively they will be implemented and enforced. For workers who have long called for greater protection and dignity at work, this legislation offers genuine hope for a fairer future.
If you would like support in navigating these changes, please contact Nina Francis on 020 3831 2664 or email enquiries@wellerslawgroup.com