Labour has pledged to introduce an Employment Act in the initial 100 days of their administration, sharing insights on its expected contents. Here are six key aspects to prepare for in the coming weeks.

Day one entitlement to protection against unfair dismissal

Currently, protection against unfair dismissal typically begins after two years of employment. Labour intends to extend this safeguard to new recruits right from the start.

The regulations for new hires might differ slightly from those for existing staff. Employers will have the option to establish “fair and transparent” probation processes for assessing new employees.

To comply with this, employers must review their probationary procedures rigorously to ensure fairness and transparency. Additionally, it is crucial to oversee proper implementation by line managers, as overlooking this aspect, which is common now, will no longer be acceptable.

Introducing the right to Switch Off

The right to “switch off” entails the ability to switch off work-related devices and avoid communication after working hours. Labour’s approach to implementing this right, following either the “Irish” or “Belgian” model, remains somewhat vague. Monitoring the development of this legislation will be essential due to the unclear legal ramifications compared to countries like France.

Default adoption of flexible working

Labour plans to modify the law so that flexible working becomes the standard for all employees from day one, “except where it is not reasonably practical”. This narrower exception, compared to the current eight reasons employers can give to deny flexible working, might compel businesses to allow hybrid working arrangements even when not ideal.

Introduction of Menopause Action Plans

Large employers (with over 250 staff) will be required by Labour to implement Menopause Action Plans outlining support measures for employees experiencing menopause. Considerations such as flexible working, recording menopause-related leave, absence management, and uniform and temperature guidelines need attention, as most employers lack formalized support for menopausal staff.

Extension of Employment Tribunal claim time limit to six months

Unlike the current three-month deadline for most tribunal claims, Labour proposes extending it to six months, which could have different effects on how claims are dealt with. This adjustment will mean claims are more likely to be made in time, leading to claims being made. It could also facilitate more settlements outside of Tribunal, as eliminating the urgency for Tribunals means employees won’t have to rush to ensure their rights are preserved.

Implementation of bereavement leave for all forms of loss

Labour aims to grant all workers the right to bereavement leave. While it is only bereaved parents that currently receive a two-week leave entitlement, this right is likely to extend to workers grieving other family members.

These outlined proposals are part of Labour’s broader agenda. The full proposals can be read in more detail here – https://labour.org.uk/wp-content/uploads/2024/06/MakeWorkPay.pdf

CityTrust Accounts are here to help your business prepare for the changes that Labour bring in. Contact us now for further advice on 01206 259680 or [email protected]