Unraveling the Future of Workers' Rights: What You Need to Know
A monumental revamp of workers’ rights is approaching, marked by significant changes and a few U-turns from the government. The Employment Rights Bill represents what the government claims to be the “biggest upgrade to rights at work for a generation”. However, concerns have arisen from business groups regarding potential impacts on employment processes.
The government has adjusted its stance, notably reducing the right to claim unfair dismissal from the first day of employment to a six-month period—originally, the proposal aimed for immediate protection. Despite this shift, the bill maintains protections against discrimination from day one and introduces new rights for sick pay and paternity leave, set to take effect in April 2026.
Key Changes in the Employment Rights Bill:
Zero-Hours Contracts: Workers will now have the right to request guaranteed hours after clocking in hours for 12 weeks. They will still be able to opt for zero-hours contracts but will receive reasonable notice about shift changes.
Flexible Working: Employers will be mandated to approve flexible working requests from employees starting from their first day, although there remain various grounds on which flexibility can still be denied.
Sick Pay: The minimum waiting period for Statutory Sick Pay will be scrapped, granting 80% of weekly salary to low-paid workers from day one of illness, expanding eligibility beyond current earnings limits.
Parental and Bereavement Leave: The right to parental leave will be available from day one of employment, alongside similar rights for bereavement leave, reflecting support for families during critical times.
Fire and Rehire: New measures will prohibit businesses from dismissing employees to rehire them under less favorable conditions, with exceptions for companies facing insolvency.
Some notable omissions include the ”right to switch off”, which would limit employer contact after hours, and plans to create a unified status for workers to enhance protections for the self-employed—both critical reforms from the Labour manifesto that are on hold due to legal complexities.
Overall, while these reforms promise significant enhancements to workers’ rights, the effectiveness and real-world application of some provisions remain unclear as the government seeks a delicate balance between employee security and business interests.