What the Labour Government Has In Store For Employment Law

Labour won the election in July 2024. It seems that the new Labour government have a lot in store with regards to making employment law changes. UK employers should therefore prepare for major reforms, which include day-one unfair dismissal protection, expanded flexible working rights, immediate sick pay, and increased pay gap reporting, among other changes.

Day One Unfair Dismissal Rights

Labour intends to give employees protection from unfair dismissal from the first day of their employment. Currentlly employees need two years continuous service in order to claim unfair dismissal. Employers will need to have robust recruitment processes in place and use the probationary period wisely. No doubt employment tribunal claims will dramatically increase. Employees will soon have six months to make a claim rather than the existing three months less one day.

Day One Right to Flexible Working

The right to request flexible working became a day one right on 6 April 2024. The Labour Party has now stated that flexible working will be made the default for all workers unless this is not feasible. The aim is to increase flexiblity for all workers.

Day One Right – Statutory Sick Pay

Labour will remove the four-day waiting period so that statutory sick pay (SSP) must be paid from day one of sickness, which will increase employers’ costs.

Day One Right to Parental Leave

Currentlty employees must have one year service in order to take parental leave. The Labour government will make this day one right.

Protection from Sexual Harassment

Employers will have to take steps to ensure protection from sexual harassment. There will be strengthed protection for whistleblowers including women who report sexual harassment at work.

Maternity Protection

Women will have protection from dismissal within the first six months of her return from maternity leave.

Right to Switch Off

To preserve the work life balance and to prevent working at home being 24/7 employees will be given the right to switch off.

Exploitative Zero Hours Contracts

Exploitative zero hours contracts will be banned and all jobs will be placed on a level playing field to ensure stability and security. Compensation will be paid to workers where their shifts are cancelled without reasonable notice.

Trade Unions

Employers will be required to inform their employees about trade union membership and their right to join.