Labors target to modernise the world of work by promising to introduce legislation within 100 days

The Labour Government has set itself a big target to modernise the world of work by promising to introduce legislation within 100 days of entering government.

To be fair, Labour has a springboard by the recently departed Conservatives’ own initiatives to modernise the world of work. Draft legislation is already going through parliament in relation to several of the promises made by Labour, albeit some of them in a different form. This includes:

One category of worker to give more people protection from unfair dismissal 

• Draft legislation to create one category of ‘worker’ for employees and workers is already making its way through parliament. The Bill had its first reading in the House of Lords on 6 December 2023. However, the draft order was not approved before  the general election. 
   

Banning Zero Hours Contracts

• In September 2024, new legislation is expected to come into force including giving zero hours workers (and potentially short hours workers) after 26 weeks of service, a new right to request predictability in their work pattern relating to hours, days and time worked and the length of their contact. Labour have pledged that anyone working regular hours for twelve weeks or more will gain the right to a regular contract to reflect the hours normally worked.  
   

Putting an end to Fire and Rehire

• In relation to fire and rehire (or technically dismissal and re-engagement on less favourable terms), a new ACAS Code of Practice came into force in mid July 2024.
• Labour has said the new rules do not go far enough and plans to impose a strengthened version as soon as it can

Enhanced rights to flexible working – a day one right.

In respect of enhanced rights relating to flexible working, since April 2024: 

• Employees already have the right to make a flexible working request from day one
• Employees may make two requests within every 12 month period
• The Employer must respond within two months of receiving a request and must meet with employees to discuss the reason for any rejection and to explore alternatives.
• A revised ACAS Code of Practice on flexible working is in force.
   
   

Labour has pledged that employers will be required to accommodate such a request as far as is reasonable, with government support for small and medium-sized businesses, although we do not yet know the detail.

There will be a new right to bereavement leave 

• Draft legislation is already making its way through parliament to enable bereaved fathers and partners from day one of employment to take 52 weeks’ paternity leave from the death of a child’s mother (or adoptive parent during the first year of their child’s life). The Bill received Royal Assent on 24 May 2024 becoming the Paternity leave (Bereavement) Act 2024. Regulations are needed to bring the act into force.

Shared parental leave will be revised

Legislation is already planned to come into force by 5 April 2025 to:

• Provide the right to statutory neonatal care leave (expected to be capped at 12 weeks) for employees with a parental or other personal relationship with children receiving neonatal care; and
• Provide pay during statutory neonatal care leave (expected to be at the statutory prescribed rate or, if lower, 90% of the employee’s average weekly earnings).
   

Protection against sexual harassment in the workplace

On 26 October 2024, legislation comes into force to compel employers to take reasonable steps to prevent sexual harassment of employees during the course of their employment. The government stopped short of placing a positive duty on employers to protect employees from sexual harassment during the course of their employment by third parties. Can/will Labour seek to implement legislation placing on employers a positive duty to prevent third party harassment? 

Some of the other proposed new changes are: 

• Protection for remote workers – there will be a new right to ‘switch off’.
• Enhanced protection against unfair dismissal – the right to claim unfair dismissal will become a day one right for ‘workers’.
• Extending time limits to bring tribunal claims to six months.
• Removing the caps on compensation for unfair dismissal 
• It will become unlawful to dismiss a pregnant woman for six months after her return to work, except in specific circumstances 
• Modernise and enhance Trade Union Legislation – Labour plans, amongst other things, to repeal legislation passed by the Conservatives in order to give trade unions the freedom to organise, represent and negotiate on behalf of their workers. 
• To activate the dormant protection to prevent unlawful discrimination on the grounds of ‘socio-economic’ characteristics in the Equality Act 2010. This is perhaps the biggest challenge and change, however, it will be limited to public bodies and will not apply to the private sector.

It’s a tall order to introduce new legislation in respect of all the above by 30 September 2024 and it will be interesting to check in with Labour’s proposals on that date and to see which of the changes it prioritises.

Ultimately, this is good news for employees, as it will give them greater protection and rights.  

Our expert employment law solicitors all have many years’ experience advising individuals who are in your position. We will be able to guide you through the process and to help you secure the best possible outcome.

We offer a range of services, so please contact our friendly customer services team to discuss further via hello@kilgannonlaw.co.uk or 0800 915 7777.

This article is for information purposes only and is correct at the time of publication. It does not constitute legal advice 04.08.2024