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Labour has pledged to implement what it describes as ‘the biggest upgrade of workers’ rights in a generation’. In her speech to the TUC Conference in September 2023, Angela Rayner made a “cast iron commitment” that Labour would bring forward an Employment Rights Bill within the first 100 days of entering office based on Labour’s 2021 Green Paper ‘A New deal for working people.
We don’t have all the detail yet, but it’s clear that is that empowering trade union rights and protections will be an immediate priority.
These are the Labour Party’s pledges so far:
- Strengthening trade union rights by giving them a new legal right to access workplaces and removing restrictions on Trade Union activity.
- Providing all workers with a day one right to claim unfair dismissal (subject to contractual probationary periods)
- Ending the practice of fire and rehire by improving information and consultation procedures. Labour also intends to adapt redundancy legislation and ensure that notice and ballot requirements on trade union activity do not inhibit defensive action.
- Introducing the ‘right to switch off’, which will give workers the right to disconnect from work and not be contacted by their employer outside of working hours. Labour also intends to introduce new rights to protect workers from remote surveillance.
- Banning zero hours contracts altogether and contracts without a minimum number of guaranteed hours. Anyone working regular hours for twelve weeks or more will have a right to a regular contract.
- Increasing statutory sick pay
- Raising National Minimum Wage (although the Conservatives have already done this)
- Creating a single status of worker for all but the genuinely self-employed. All workers would have the same basic rights and protections including sick pay, parental leave, and protection against unfair dismissal without the need for a qualifying period of service.
- Tackling workplace harassment by requiring employers to create and maintain workplaces and working conditions free from harassment, including by third parties.
These proposals are far-reaching and will have an impact on employers and workers alike. Day one rights to unfair dismissal will present an additional risk to business. Employers will need to have effective recruitment and selection processes and ensure that they manage performance closely for staff on probationary periods.
Labour’s commitment to introduce an Employment Bill within the first 100 days of office will only get the Bill into Parliament, so employers would have some time to get their house in order.
Joanna Robson is a highly experienced Employment Solicitor. She can be contacted on 01827 317070 or jrobson@pickerings-solicitors.com.
