BUSINESS HELPDESK HELP DESK
KEY CHANGES FROM THE EMPLOYMENT RIGHTS BILL
If you employ people, the Employment Rights Bill will impact your business: whether merchant or supplier, the Bill requires your attention.
CHARLIE MCHUGH, HEAD of Client Insight at Halborns, which provides the BMF Intelligent Employment Plus Service, outlines the changes. While some of the changes in the Employment Rights Bill have been expected for a while, others go further than anticipated, and they will mean updates to your contracts, policies and people processes. Here’s a rundown of what’s changing and what you need to think about now to avoid last- minute headaches.
Day-one unfair dismissal
The right to claim unfair dismissal becomes a day- one right. During a statutory probationary period (likely to be nine months), a simplified dismissal process can be used. Now is the time to upskill managers on great probation practices.
Day-one family leave rights
Paternity, parental and bereavement leave will be available from day one. Bereavement leave is also being extended to cover a wider class of family relationships.
Statutory Sick Pay (SSP)
SSP will become payable from day one of absence – not after three waiting days.
Family leave dismissal protection Stronger protection against dismissal for employees who are pregnant or on/returning from maternity, adoption, or shared parental leave.
Fire and rehire restrictions
Employers will only be allowed to dismiss and re-engage staff on new terms to avoid insolvency. Otherwise, dismissals in this context will be automatically unfair.
Collective redundancy changes
Redundancy consultation will be triggered when 20+ roles are at risk within 90 days at a single site (and potentially a new headcount test across the whole business). Compensation for failure to consult will increase to 180 days’ gross pay.
Zero Hours and Casual Workers
Employers will have to offer guaranteed or minimum-hours contracts based on average hours worked (likely over 12 weeks).
There’s also a new right to compensation if shifts are cancelled at short notice or refused due to lack of reasonable notice.
May 2025
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Harassment prevention duty Employers must take all reasonable steps to prevent harassment – including from third parties. Sexual harassment reports will be treated as protected disclosures (i.e. whistleblowing).
Longer tribunal time limits
The time limit for bringing most tribunal claims will increase from three to six months.
Working time records Employers will need to keep clear records of holiday entitlements and pay – especially for irregular-hours staff.
Trade union rights Some restrictions on industrial action and picketing will be lifted. There will be new rights to trade union access, simplified recognition rules, and stronger protections from detriment or blacklisting. Union reps will have clearer rights to facilities and time off.
Equality action plans Employers with 250+ staff will need to produce equality action plans – likely to include measurable goals and regular reporting.
What next?
To keep ahead of the changes, download Halborns’ ‘Employment Rights Bill summary and tracker’ at
halborns.com/resources/#erb- summary. We will update this document as more details are confirmed.
In the meantime, think about auditing your contracts and handbooks to identify where changes may be required, train your managers on the fundamental people processes (absence and performance should be priorities), and ensure you have the right system in place to track hours and employee entitlements. BMJ
• Staying on top of employment law change is Halborns’ speciality, so get in touch if you need support. Email:
info@halborns.com or call 0115 7180333
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