After taking office in the summer, the Government announced key employment law measures in the King’s Speech.  The Employment Rights Bill is expected to be introduced within the first 100 days of the Government taking office but the changes will need to pass through Parliament first, before becoming law. According to the background briefing notes on the King’s Speech, the Bill will include provisions to:

1. make parental leave, sick pay and protection from unfair dismissal a “day one” right (subject to probationary periods to assess new hire
2. strengthen statutory sick pay, by removing the lower earnings limit as well as the three-day waiting period
3. make flexible working the default from “day one” for all workers, with employers required to accommodate this as far as is reasonable, to reflect the modern workplace
4. strengthen protections for new mothers, by making it unlawful to dismiss a woman who has had a baby for six months after her return to work, except in specific circumstance
5. ban “exploitative” zero-hour contracts, ensuring workers have a right to a contract that reflects the number of hours they regularly work and that all workers get reasonable notice of any changes in shifts, with proportionate compensation for any shifts cancelled or curtaile
6. end the practice of “fire and rehire” and “fire and replace” by reforming the law to provide effective remedies and replacing the previous Government’s statutory Code of Practic
7. create the Fair Work Agency, to strengthen enforcement of workplace right
8. introduce a Fair Pay Agreement in the adult social care sector and, following review, assess how and to what extent such agreements could benefit other sector
9. update trade union legislation, removing certain restrictions on trade union activity – including the previous Government’s approach to minimum service levels – and ensuring industrial relations are based around good faith negotiation and bargainin
10. simplify the process of statutory recognition and introduce a regulated route to ensure workers and union members have a reasonable right to access a union within workplaces an
11. reinstate the School Support Staff Negotiating Body, to establish national terms and conditions, career progression routes and fair pay rates.

There is also a draft Equality (Race and Disability) Bill which is intended to enshrine in law the full right to equal pay for ethnic minorities and disabled people; the briefing notes claim that this will make it easier for them to bring pay discrimination claims. It will also introduce mandatory ethnicity and disability pay reporting for employers with 250+ employees, to help close the ethnicity and disability pay gaps.

If you would like to discuss any employment matter contact, please Julia Woodhouse at 01926 831231 or [email protected].

Julia is an Employment Solicitor based in Leamington Spa and advises clients across Leamington Spa, Warwick, Kenilworth, Coventry, Rugby, Nuneaton, Atherstone and further afield.

The above does not provide you with legal advice.