News & Insights: New UK Employment rights bill
what key changes will it bring for UK businessIn 2026 we will have a number of HR laws coming in, New UK Employment rights bill was announced today (10th October 2024). This is the framework that is in the new bill being put forward by the government. Here is a guide to what key changes will it bring. This is not until Autumn 2026.
The Employment rights Bill 2026, introduced into parliament on Thursday 10th Oct 2024, includes 28 measures, many of which will be subject to extended consultation, while more than 30 other pledges have no clear timetable for delivery.
The major package of reforms includes granting workers protection from unfair dismissal from the first day of their employment, ending the existing two-year qualifying period.
The measure will be accompanied by a statutory probation period of up to nine months for new hires, during which staff can be dismissed under a “lighter touch” process.
Day-one rights
Workers will qualify for protection against unfair dismissal from day one – a benefit for 9 million people. Previously, employees must have been at their place of work for at least two years in order to qualify. probation periods will still apply, you will need a Job spec & explain why you do not meet the criteria.
There will also be day-one rights for paternity leave and unpaid parental leave. Maternity leave is already a day-one right. A full review of all parental-leave rights is promised alongside the bill.
Sick pay
There will be a universal entitlement to sick pay from the first day of illness for employees. Workers will get rights to sick pay from day one, rather than from day four.
Statutory sick pay is £116.75 a week and can be paid for up to 28 weeks, as long as the employee is earning an average of at least £123 a week. The government says this will be “strengthened” by removing the lower earnings limit for all workers; though the rate could be lower for workers who aren’t eligible for sick pay at all.
It is unclear if this is from 2026 or sooner at the moment
Probation
The government will consult on a statutory probation period for new hires; employees will still be able to claim for unfair dismissal. Ministers say this means there will be a “lighter touch” approach to letting an employee go during the probation period if the role is not working out. This is looking like it will be 9 months max as a probation period, the unions had wanted 6 months max, however it is looking as 9 months will be the max.
Zero-hours contracts
More than 1 million people on zero-hours contracts will gain guaranteed working hours if they want them. Those workers, along with those on low-hours contracts, will have the right to a guaranteed-hours contract if they work regular hours over a defined period, which Labour’s original proposal said would be 12 weeks. Employees can also request to remain on zero-hours contracts if that is what they would prefer.
Fire and rehire
Fire and rehire practices will be banned in all but the most extreme circumstances, meaning employers cannot sack employees and rehire them on worse terms and conditions. There will be carve-outs, however – a move that has caused consternation from unions. Businesses at risk of complete collapse may be able to alter terms and conditions if it is the difference between going bust.
Flexible working
The law will change to make flexible working the default “where practical”. Flexiable working is around breaks, start times, days, finish times. It is not the location of the job, it is the hours and breaks etc. It will be “where possible”, for example if a building is locked up at xx time, the shifts must be completed by that time of course.
Enforcement
The bill will establish an enforcement body called the Fair Work Agency, bringing together existing enforcement bodies, which will also enforce rights such as holiday pay. The remit of the new body is not likely to be fully clear until all the measures in the bill have been consulted on or enacted.
Minimum wage
The government plans to change the remit of the low pay Commission so it must take into account the cost of living when setting the minimum wage and remove all the age bands that set lower minimum wage for younger staff.
Guidance – but not legislation
on the right to switch off, preventing employees from being contacted out of hours, except in exceptional circumstances. This would not be practical for so many companies, including recruitment agencies who have out of hours interviews happening with our clients and candidates.
This page has been created with information from bbc news, the Guardian, sky news and the government website. HTE Recruitment take no responsibility for the information included and always seek HR advice. This is only the planned law, itis not voted on yet and not law until Autumn 2026.
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