Since the earlier employment law changes update, we have received several inquiries from our members regarding the status of the anticipated changes to employment law, particularly those related to unfair dismissal protections.
As of now, these changes have not yet come into force, and a specific implementation date has not been confirmed. Below is a broad overview of some of the key contemplated changes across various areas of employment law.
- Unfair Dismissal: The proposed Employment Rights Bill is expected to provide unfair dismissal protection from day one for all workers. While employers will still be allowed to dismiss employees during probationary periods (which may last up to six months), details regarding the relationship between probationary periods and day-one rights are still pending.
- Right to Switch Off: A new “right to switch off” will be introduced, allowing workers to disconnect from work outside of their working hours. This initiative aims to foster constructive conversations between employers and employees about creating bespoke workplace policies that respect personal time, following models from countries like Ireland and Belgium.
- Statutory Sick Pay (SSP): The Employment Rights Bill is expected to remove the lower earnings limit for SSP and eliminate the current three-day waiting period for payments. There are also plans for SSP to become payable from day one for all workers, along with provisions to ensure fair earnings replacement for those earning below the current SSP rate.
- Support for Terminal Illness: The government encourages employers to adopt the TUC’s Dying to Work Charter, which outlines best practices for supporting employees diagnosed with terminal illnesses. This includes a commitment to treating affected workers with dignity and respect.
- Skills and Apprenticeships: A new Skills England Bill is set to create a comprehensive framework for addressing national and local skills needs. The bill will transfer functions from the existing Institute for Apprenticeships and Technical Education to Skills England and aims to reform the apprenticeship levy, possibly replacing it with a “growth and skills levy.”
- Wages and National Minimum Wage: The government has committed to ensuring a “genuine living wage” and plans to remove age bands in the National Minimum Wage (NMW) framework, making the national living wage payable to all workers aged 18 and over. Additionally, the remit of the Low Pay Commission will be expanded to consider the cost of living when recommending NMW rates.
- Unpaid Internships: Unpaid internships will be banned, except as part of an education or training course, further strengthening protections for workers.
- Whistleblowing Protections: The government aims to strengthen whistleblower protections, particularly for women reporting sexual harassment at work. There may be a review of the existing public interest test under the current whistleblowing legislation to enhance protections for those who raise concerns.
We will continue to keep our members informed as more details emerge and as the timeline for these changes becomes clearer. If you have further questions or need clarification on any of these points, please do not hesitate to reach out.
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