Swindon & Wiltshire News
Day-one dismissal U-turn – don’t celebrate too soon
Employers cheering at the government’s U-turn on first day dismissal rights shouldn’t celebrate too soon, warns Helen Imbusi of the HR Dept.
While removing day-one unfair dismissal rights from the Employment Rights Bill is good news, there are plenty of other changes in the new legislation that organisations need to get ready for – with some coming into force as soon as next April.
Dropping the promise of instant unfair dismissal rights is a sensible move for everyone.
Employees will now have to wait six months before they get this protection – still much less than the current two years – so the government has shown it is prepared to compromise.
However, that was just one of a raft of measures that are being introduced through the Employment Rights Bill, and some of these changes are imminent. Employers really need to start preparing now.
From April next year, statutory sick pay (SSP) will become payable from the first day of absence, rather than the fourth. SSP will also become available to all employees, removing the current lower earnings limit.
Also from next April, paternity and parental leave will become accessible from day one of employment, and bereavement leave will become available to all employees.
Under the Employment Rights Bill – which received Royal Assent this week – flexible working will become the default, with businesses required to accept requests unless there are very specific grounds – such as detrimental impact on the business. This change is likely to be introduced in 2027.
Also likely from 2027, zero hour (and agency) workers will be entitled to an offer of guaranteed hours. They will be entitled to compensation for shifts that are cancelled or curtailed without ‘reasonable’ notice.
Other planned changes include doubling the period in which an employee can make a tribunal claim from three months to six months. Significantly more emphasis – and liability – will be placed on employers to prevent third party sexual harassment. Trade union rights will also be strengthened.
There is a lot that needs to be done. Procedures and policies need updating, payroll data needs amending to taking into account day one SSP, and so record-keeping needs to be even more accurate.
The HR Dept has created a questionnaire for employers to work out how prepared they are for the upcoming changes, plus a handy guide that can be downloaded at https://www.hrdept.co.uk/employment-rights-bill.
Helen Imbusi is head of HR at the HR Dept Swindon, North Wiltshire and East Cotswolds
