You will be aware that the Government’s employment rights act was set before parliament in late October. It probably won’t be passed through parliament until early in the new year. Implementation of the act will be progressive with a proposed end date of summer 2026 as most of the clauses in the bill will need to clarified by regulations some of which are now the subject of consultations with employers organisations and the trade unions.
This note summarises the major changes introduced by the bill which will affect all employers. It does not include trade union relations. I realise following the budget, national insurance minimum wage changes and other tax changes will be of concern to all employers but I hope this note will help you to plan your way forward through the blizzard of employment changes in 2025 and 2026.
Unfair dismissal becomes a day one right,
At present employees require 2 years service before they can bring an unfair dismissal claim. The new act abolishes this and from the date the act is passed there will be a declining 2 year window for employers to dismiss unsuitable employees without fear of a tribunal claim. To clarify assuming the act is passed in January an employee starting cannot bring a claim if they have less than 18 months service, in January 2026 they cannot bring a claim in the 1st 6 months. Probation periods of upto 9 months will still be allowed which will be outside the day one right the exact regulations concerning the operations of probation periods are still to be clarified
Protection from 3rd party harassment
From October this year this protection required employers to actively take measures to tackle sexual harassment in the workplace including the activities of 3rd parties e.g. clients customers or contractors, this requirement will now be extended to all forms of harassment.
Flexible Working and family friendly
The act proposes that employers will have to take more steps when declining flexible working requests. It sets out 8 issues which must be addressed in writing before declining a request. The act also proposes changes to bereavement leave, paternity and unpaid parental leave. In addition to introducing new protections for pregnant and new mothers.
Zero Hours Contracts
The detail has still to be clarified but it is proposed that there is a right to a guaranteed hours contract based on previous 12 weeks working pattern, right to be paid for shifts cancelled at short notice, the right to a reasonable notice of being required to work or cancel a shift.
Fire and Rehire
Normally used when an employee won’t agree to contractual changes now effectively abolished
Statutory Sick Pay
3 day qualifying period abolished
This is only a very brief outline of the major clauses in the bill. The purpose of this note is to make you aware of the impeding changes so that you take them into account when planning for 2025 and beyond. All of these changes will require changes to your existing employment contracts and changes to a significant number of policies in your handbook together with training your managers and supervisors in their implementation,
NewmanHR are well qualified to conduct you through this minefield . For help and guidance or to arrange a private 121to explore how your organization can comply or to let me present to your staff what the ERA 2024 will mean to them contact us at https://www.ukemploymentlawadvice.co.uk/contact or phone on 02080793043
Michael Newman
NewmanHR
