The government’s Employment Rights Bill, announced in October last year, introduces approximately 30 measures to increase worker protection and job security.
As you’d expect from a piece of flagship legislation–especially from a new government–it has great scope, ambition, and transformational potential.
One of the main goals of this bill is to improve workers’ Day One Rights. The Bill aims to increase workers’ Day One rights, which will give them more confidence in changing careers, switching companies or reentering the workforce. All of these are very worthwhile goals. These rights include paternity leave, parental and bereavement leaves, as well as the right to request flexible work arrangements on Day One. The Bill also protects employees from unfair dismissal on Day One.
Some business leaders have suggested that these rights could hinder businesses from hiring new staff and, in some instances, retaining existing employees. The majority of people in the industry remain cautiously hopeful.
These significant changes are a lot to think about. How many of the current policies, procedures and documents in our organisation will need to be updated. Is it time to refresh our knowledge of employment law? What steps can we take to make sure everyone is aware of the new rules and that they follow them?
Practicalities
As the bill was announced nearly four months ago, it is time to start implementing new Day One rights for workers. We will be asked for advice by our colleagues. Managers will be looking to us for guidance.
Seek legal advice
It will be necessary to implement new laws and worker protection in a way that balances efficiency and profitability. It will be necessary to assess the new risks that may arise from inadvertent compliance, as well as the threat of a small but persistent minority who could exploit the rules to gain financial benefit.
While it may be tempting to let HR handle this alone, and while we don’t want to burden other departments with the task, there is a compelling case to enlist the help of colleagues in the Legal department and establish a close inter-departmental collaboration.
Review and audit
Where do you start? It can be intimidating to begin work on a large piece of legislation. I would suggest reviewing the existing documentation, policies, and processes–and making any necessary changes. Plan regular audits to assess the effectiveness and integration of these updates. Examine the extent to which they are integrated with the organisational culture, as well as the new Day One Rights. Ask yourself if the culture or assets need to be re-evaluated if there are problems. Sometimes a culture shift is needed, and the HR team will play a crucial role in implementing positive, practical changes to improve compliance with new legislation. We all need to be aware of some of the levers that can be used to change culture: better leadership, employee engagement and dialogue in brave spaces; education and training and celebrating wins are some examples.
Some of us are likely to encounter some cynicism or resistance at this stage. Some well-chosen phrases will help colleagues to understand that these changes are for the benefit of everyone. Documentation, processes and policies aren’t used to punish employees. These are tools that can improve accountability, clarity and performance.
Day One unfair dismissal
The Employee Rights Act removes the 2-year qualification period to be protected from unfair dismissal. All documentation including job descriptions and performance targets, training schedules, employee reviews, and disciplinary procedures should be made available to new employees and explained on their first working day. As difficult as it may sound, the performance review process should also begin in those initial hours. Everyone has an interest in this. If an employee is to be terminated after a few short days, it’s important to demonstrate that the due process was followed and Day One rights were observed.
Even if everyone worked traditional office hours, this would still be a complex situation. However, the post-COVID uptake in hybrid working and the new Day One right to request flexible working add an extra dimension of complexity–underscoring once more why close HR and Legal team cooperation is so important.
It can be difficult to document and measure hybrid and flexible worker performances in a meaningful manner. Many organisations still rely on gut feeling, instinct and trust. It was fine when a few employees were able to work from home a few times a month, or had flexible contracts. But these days, every employee needs granular individual productivity measures and documenting procedures–regardless of where or how many hours they work. This will reduce the likelihood of miscommunication and misunderstanding if disciplinary actions or warnings are needed.
Handling hybrid work requests
It’s still not possible to implement policies for all roles. Some organisations lack formal policies that define when and where remote, hybrid and flexible working are viable. Some HR teams may be concerned about this, especially since employees can now request hybrid or flexible working from their first day at a new position.
We can, however, still maintain transparency, have honest, open discussions, and offer trial periods, if necessary. A collaborative approach manages expectations, and fosters goodwill among all parties. It also allows us to gauge the impact of an request without setting a precedent.
Towards the Future
I am a strong advocate of continuous learning and growth in order to broaden our horizons and embrace new ideas. This will help us become more effective business managers. These kinds of knowledge can’t be found in books or courses, but rather through a closer collaboration between different parts of the company.
This is why I am so excited about the Employee Right Bill. It will not only provide better protection to vulnerable workers or those in precarious work situations, but I believe it can also spark a long-term relationship and dialogue between HR and Legal. It is a place where knowledge and best practices are shared between teams to enrich and improve the organisation as a whole.
Both teams can use their collective knowledge to predict future changes in the UK employment landscape. It will be easier to achieve a balance between employee needs, organizational goals and legal obligations. This will ensure that organisations can implement progressive and innovative employment policies which nurture talent and encourage growth.
