LSA Welcomes the Publication of the Employment Rights Bill

Legal Services Agency welcomes the publication of the Employment Rights Bill, which was published on the 10^th of October 2024.

The Bill, according to Deputy Prime Minister Angela Rayner, delivers: “the biggest upgrade to rights at work for a generation, boosting pay and productivity with employment laws fit for a modern economy.”

In our view, if the Bill is made law, individual employment rights will be enhanced and protected.

Important sections include the guaranteed hours provision (section 1); the right to reasonable notice of shift (section 2); and the payment for cancellation of shifts at short notice provision (section 3).

Notably, the Bill provides that there will no longer be a qualifying period in order to obtain the right not to be dismissed unfairly (section 19).

Regarding ‘Fire and Re-hire’ – it will automatically be unfair to dismiss an employee for refusing a contract variation – with an exception where there is genuine need to avoid financial threat to the business (section 22).

Part 4 of the Bill addresses trade union rights. It requires that employers state in writing that their employees have the right to join a trade union (section 45). Additionally, the requirement for at least 50% of trade union members to vote in a ballot on industrial action for it to be deemed valid will be removed (section 54).

While the Bill is welcome overall, there are some areas of concern.

Important promises made in Labour’s manifesto do not appear in the Bill, including the ‘right to switch off’ and the creation of a single status of worker. However, according to the Government’s published Next Steps to Make Work Pay, they have not abandoned these policies.

The Employment Rights Bill is proposed to become law two years from now, in Autumn 2026. While this waiting period is understandable, as interests should be balanced and due process followed, it is disappointing that positive reforms will not be enacted sooner.

Alexandra MacMillan, Volunteer