My most extensive dipping of the toe into commenting on various government party proposals was after putting my question in the audience’s question box at BBC Radio’s Question Time hosted by Chris Mason in our local village hall when it came to our area. Before I knew it, Chris Mason was saying “now we turn to Louise, … who has a question for the panel…”, an assistant placed a handheld microphone in front of me and I was reading out my question on air to four politicians. I was surprised by the response of one of the panel, who by saying;  “I share your grief …” turned what could have been a challenge to actions taken by their party into a shared criticism of another party’s actions. I was impressed.

Now, the Labour Government has set itself a big target by promising to introduce legislation within 100 days of entering government to modernise the world of work, but has it? Introducing legislation is very different from passing legislation and could mean as little as introducing just one piece of new legislation to parliament to go through the stages required to pass it. Voters will have to wait some time before the new legislation implementing all the changes comes into effect.

Furthermore to be fair, Labour already has a springboard by the recently departed Conservatives’ own initiatives to modernise the working world. Draft legislation is already going through parliament in relation to several of the promises made by Labour, albeit some of them in a different form. Is it right for Labour to take full credit? For example:

One category of worker to widen the categories having protection from unfair dismissal 

• Draft legislation to create one category of ‘worker’ for employees and workers is already making its way through parliament. The Bill had its first reading in the House of Lords on 6 December 2023. However, the draft order was not approved before the prorogation of Parliament on 24 May 2024, in advance of the general election, with commentary stating whether the order comes into force depends on the outcome of the election.

Banning Zero Hours Contracts

• In September 2024, new legislation is expected to come into force including giving zero hours workers (and potentially short hours workers) after 26 weeks of service (not necessarily consecutive), a new right to request predictability in their work pattern relating to hours worked, days and time and the length of their contact. Labour have pledged that anyone working regular hours for twelve weeks or more will gain the right to a regular contract to reflect those hours normally worked. 

Putting an end to Firing and Rehiring on less favourable terms where a worker does not consent to the changes 

• In relation to fire and rehire (or technically dismissal and re-engagement on less favourable contractual terms), a new ACAS Code of Practice relating to the practice of Fire and Rehire was expected to be brought into force this Summer 2024 but is still in draft form.

• Once in force, it is expected that upon a successful claim for unfair dismissal (i.e. if the employer fails to properly consult with its employees about the changes, or has no sound good business reason to make the changes), the employment tribunal will have the power to order the employer to pay a 25% uplift in any compensation the tribunal awards. If Labour removes the caps on compensation for unfair dismissal, the uplift per employee can be hefty.

Enhanced rights to flexible working will accrue on day one

In respect of enhanced rights relating to flexible working, since April 2024:

• Employees already have the right to make a flexible working request from day one
• Employees may make two requests within every 12 months period
• The Employer must respond within two months of receiving a request and must meet with employees to discuss the reason for any rejection and to explore alternatives.
• A revised ACAS Code of Practice on flexible working has been in force.

Labour has pledged that employers will be required to accommodate such a request as far as is reasonable, with government support for small and medium-sized businesses.

There will be a new right to bereavement leave 

• Draft legislation is already making its way through parliament to enable bereaved fathers and partners from day one of employment to take 52 weeks’ paternity leave from the death of a child’s mother (or adoptive parent during the first year of their child’s life). The Bill received Royal Assent on 24 May 2024 becoming the Paternity leave (Bereavement) Act 2024. Regulations are needed to bring the act into force.

Shared parental leave will be revised

Legislation is already planned to come into force by 5 April 2025 to:

• Provide the right to statutory neonatal care leave (expected to be capped at 12 weeks) for employees with a parental or other personal relationship with children receiving neonatal care.
• Provide pay during statutory neonatal care leave (expected to be at the statutory prescribed rate or, if lower, 90% of the employee’s average weekly earnings).

Protection against sexual harassment in the workplace

On 26 October 2024, legislation comes into force to compel employers to take reasonable steps to prevent sexual harassment of employees during the course of their employment, the government stopped short of placing on employers a positive duty to protect employees from sexual harassment during the course of their employment by third parties. Can/will Labour seek to implement legislation placing on employers a positive duty to prevent third party harassment?

Some of the new changes are:

• Enhanced protection against unfair dismissal – the right to claim unfair dismissal will become a day one right for ‘workers’

• Protection for remote workers – there will be a new right to ‘switch off’

• Addressing the culture of long working hours - I could not see much detail about this so far, other than the right to switch off. Much about flexible working seems to be about part-time hours and/or when hours are worked rather than ending a culture of long hours per se. With flexible working it remains important that workers have adequate rest breaks including compensatory rest.

• It will become unlawful to dismiss a pregnant woman for six months after her return to work, except in specific circumstances

• Modernise and enhance Trade Union Legislation – Labour will amongst other things repeal legislation passed by the Conservatives in order to give trade unions  the freedom to organise, represent and negotiate on behalf of their workers.

• Extend time limits to bring tribunal claims to six months.

• Remove the caps on compensation for unfair dismissal

• And, perhaps, the biggest change of all, to activate the dormant protection to prevent unlawful discrimination on the grounds of ‘socio-economic’ characteristics in the Equality Act 2010. However, it will be limited to public bodies and will not apply to the private sector.

It’s a tall order to introduce new legislation in respect of all the above by 30 September 2024 and it will be interesting to check in with Labour’s proposals on that date and to see which of the changes it prioritises.

Our expert employment law solicitors all have many years’ experience advising individuals who are in your position. We will be able to guide you through the process and to help you secure the best possible outcome.

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Disclaimer 

The above provides a general overview of areas in employment law and is not intended nor construed as providing specific legal advice.

This article is for information purposes only and is correct at the time of publication. It does not constitute legal advice.

16.07.24