Day-one dismissal U-turn – don’t celebrate too soon, employers warned

Employers cheering at the government’s U-turn on first day dismissal rights shouldn’t celebrate too soon, warn HR experts.

Because 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.

The team at Swindon-based HR Dept – which has a sister company in London – are urging employers to prepare now, as some of the planned changes will come in 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,” said Helen Imbusi, Head of HR Consultancy at the HR Dept Swindon, North Wiltshire, and East Cotswolds.

“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, 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.

Although the Bill has yet to complete its passage through Parliament, Royal Assent is imminent.

Helen added: “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. It’s a mammoth task, and one we are guiding our clients through.”

The HR Dept has created a questionnaire for employers to work out how prepared they are for the upcoming changes, plus a handy guide, which can be downloaded here: https://www.hrdept.co.uk/employment-rights-bill.

For help and advice with HR, employment law, and implementation of new employment rights, email helen.imbusi@hrdept.co.uk or call 01793 683 398. For more about the HR Dept, visit https://www.hrdept.co.uk/swindon-north-wiltshire-east-cotswolds/.

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