Employment Rights Bill - Policy & contract changes to think about (and possibly implement) now!

The Employment Rights Bill timeline outlined by the Government allows for a gradual transition with lots of time for consultation.   With most reforms not taking effect until 2026, it is nevertheless a perfect time to start reviewing your policies and considering how and when you might want to make adjustments to ensure you’re ready when the changes come into effect.

Here are some of the areas you should start thinking about, and perhaps implementing, now.

Zero hours contracts - the proposed amendments may require some changes to your occasional hours contract as you are likely to need to offer guaranteed hours once an employee has worked a minimum number of hours after the end of a set reference period. There are also likely to be new regulations on how far in advance you need to give notice of shift patterns and you are likely to need to pay an employee if a shift is cancelled at late notice. 
 

Statutory sick pay - as this will be available from the first day of sickness a change will need to be made to your contracts and your policies.
 

Length of probationary period - While the Government is keen to give the protection from unfair dismissal to employees from day one of employment, there is talk of a 'lighter touch' for dismissals during a probationary period and this may be a regulatory set length of time, 9 months has been mentioned. We will need to keep an eye on this. 
 

Trade unions - It is likely that the contracts will need to refer to an employee's right to join a trade union and further details of union activity may need to be set out in a policy in the handbook. 
 

Harassment - Employers are likely to be held liable if a third party, such as a client or customer, harasses an employee and the employer failed to take all reasonable steps to prevent it. This is a significant change and employers will need to give serious thought to policies and procedures they have in place to protect employees. 
 

Flexible working - It is likely that employers will only be able to reject a request for flexible working for specified grounds and it is reasonable to do so on these grounds. This may require some changes to your flexible working policy. 
 

Family leave policies - the qualifying periods for paternity and unpaid parental leave are likely to be removed and bereavement leave is likely to be extended to all employees not just parents. Again your policies may need amending to reflect these changes.

If you would like support with reviewing your policies or employee training, please contact our team on hello@starfordlegalhr.com