Employment Law +

Employment Rights Bill to be published tomorrow

The govt. is expected to deliver on its manifesto promise to publish an Employment Rights Bill within its first 100 days’ of government tomorrow. The bill will span a myriad of topics, including expanding “day one” rights for workers, introducing flexible working as a “default” option, further restricting “fire and rehire” tactics, banning “exploitative” zero-hour contracts and trade union law reform. The bill is expected to largely reflect what was anticipated from the Plan to Make Work Pay: Delivering A New Deal for Working People and the King’s Speech in July. However, the Times reported at the weekend that there are not expected to be statutory measures around a “right to disconnect”. The Times also revealed that further detail may be in the bill on how employers can lawfully dismiss during a 6 month probationary period despite a new “day one” right to unfair dismissal. Much of what is contained in the bill will be a framework to allow the govt. to flesh out detail in implementing regulations, but this approach also allows space for employer consultation on certain topical aspects of the reform package. We will report on the bill, on our Outlaw website, when it is published. There is also an opportunity to join us for an interactive session on the draft legislation on 12 November where we will bring together a panel of our experts to discuss the changes they consider will have the biggest impact on employers. For further information on that session please contact Danielle Sunley.

House of Commons publish report on zero-hour contracts

The House of Commons’ library has published a report on zero-hour contracts looking at topics such as statistics around their use and current employment law regulation. The report observes that over a million people were employed on a zero-hours contract in April to June 2024, which represents 3.1% of all people in employment. People on such contracts are more likely to be: aged 16-24; female; working part time; from London and the South East; employed in the accommodation and food sector; on average, paid slightly less than those not on zero-hours contracts (around 6% less in hourly pay); and reporting lower opportunities for career progression. Although most people on a zero-hours contract who were surveyed (60%) reported that they did not want to work more hours, measures of job quality showed that people on such contracts are likely to report lower job satisfaction. There is also an interesting section explaining the interaction of zero-hours contracts and Universal Credit which is payable to eligible people in work as well as out of work. The report may be of interest to employers with zero-hours workers, particularly in anticipation of measures around restricting their use that may be in the Employment Rights Bill.

Equality Team host Creating Safe and Respectful Workplaces webinar

Last week our Equality Team were delighted to host a session to help employers understand the impact of, and prepare for, new legislation which will create a positive duty to prevent sexual harassment on 26 October. During the Creating Safe and Respectful Workplaces session, two key areas that sparked the most interest amongst attendees were:
• policy and compliance audit: focussing on updating policies to align with the Worker Protection Act and EHRC Guidance, addressing legal liabilities, third-party harassment, and risk assessments; and
• balancing confidentiality, transparency, and anonymous reporting: concerns included balancing transparency with confidentiality, especially regarding disciplinary actions and data privacy, and handling anonymous reports while ensuring thorough investigations.
If you missed the session, or want to share the content with colleagues, a recording is now available. If you want to know more, please also be in touch with Kate Dodd, Partner and Head of Brook Graham or your usual Pinsent Masons’ contact. 

This page is updated weekly with News and Views from that week’s employment weekly briefing email. For previous articles, please contact us: Employment Law Plus.

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