Announced last October, the government’s Employment Rights Bill introduces around 30 measures to increase job security and worker protection.
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 Bill’s main aims is to increase workers’ Day One rights. This is intended to give people more confidence when changing careers, moving companies, or re-entering the job market—all very worthy aims. The rights cover paternity, parental, and bereavement leave, plus Day One rights to request flexible working arrangements. The Bill also provides Day One protection from unfair dismissal.
There’s talk from some business leaders that, far from boosting productivity and growth, these enhanced rights, coupled with increases in employee national insurance, could make it harder for businesses to make new hires—and, in some cases, retain existing staff. Most people in our industry, however, remain cautiously optimistic.
Nevertheless, these significant changes give us plenty to consider. How many of our organisation’s current policies, processes and documentation will have to be updated? How up-to-date is our own employment law knowledge—is it time for a refresh? What practical steps should we take to ensure everyone understands and follows the new rules?
Getting down to practicalities
The bill was announced almost four months ago, so the process of delivering against new Day One worker rights should be underway. Colleagues will be looking to us for guidance. Managers, in particular, will want clarification about their new obligations, and some will request (or require) training and education to get up to speed.
Seek legal guidance
New worker protection and accompanying laws will have to be implemented in a balanced way that maintains efficiency and profitability. New risks surrounding inadvertent non-compliance will also need to be assessed—as will the small but present threat from a minority who might wish to exploit the rules for financial gain.
So, while it might be tempting for HR to take on this challenge alone—and while we may not want any other departments to be burdened—there’s a powerful case for enlisting the help of Legal team colleagues and establishing close long-term inter-departmental cooperation.
Reviews and audits
But where to begin? Getting started on such a big piece of legislation can be daunting. I’d suggest beginning by reviewing existing documentation, processes, and policies—and making changes where necessary. Next, plan for regular audits that assess the effectiveness of these updates, exploring the degree to which they integrate with organisational culture and uphold new Day One rights. If there are issues, ask yourself whether the assets or the culture needs to pivot. Sometimes, a cultural shift will be required, and HR teams will be crucial in driving positive, practical changes that improve compliance with the new legislation. We should all be aware of what some of those culture-change levers could be: stronger leadership commitment; employee involvement and brave spaces for dialogue; education and training; and the celebration of wins are just some.
At this stage, some of us will undoubtedly encounter a degree of cynicism and resistance from the wider organisation. But some well-chosen words should help colleagues understand that we’re making these changes for everyone’s benefit. After all, documentation, processes, and policies are not sticks we use to beat employees. They’re tools that genuinely improve individual clarity, accountability, and performance.
Day One unfair dismissal
The Employee Rights Bill removes the two-year qualifying period for protection from unfair dismissal. So, all documentation, including job descriptions, performance targets, training, employee review timetables, and disciplinary processes, should be available and explained to new employees on their first day. And as tough as it might sound, performance monitoring needs to start in those first few hours, too. It’s in everyone’s interests to make sure this happens. After all, if an employee needs to be let go after just a few days, we’ll need to show due process has been followed and that Day One rights have been observed.
This would be complicated even if everyone still worked regular hours in a traditional office environment. 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.
Documenting and measuring hybrid and flexible worker performance in a meaningful way can be challenging. I’m sure plenty of organisations still rely—at least in part—on gut feel, instinct, and trust. This might have been fine when two or three employees worked from home for a few days each month or a couple of staff 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. That way, if warnings or disciplinary action are required, the chances of misunderstanding and miscommunication on either side are greatly reduced.
Handling hybrid and flexible working requests
Some organisations still lack formal policies establishing where and when remote, hybrid, and flexible working is viable—and it’s not always possible or practical to have policies in place for every role. This might cause unease amongst some HR teams, especially now that employees can request hybrid and flexible working on their first day in a new job.
However, we can still provide transparency and have open, honest discussions based on a sound legal footing—perhaps offering trial periods in some instances. This kind of collaborative approach generally manages expectations and maintains goodwill between all parties. On a practical level, it also lets us gauge the impact of a request without creating a precedent.
Looking to the future
I always advocate for ongoing learning and growth to expand our horizons, embrace new ideas, and keep our thinking current—with the end goal of becoming even more effective business custodians. This kind of knowledge doesn’t just come from books or external courses; it can be discovered through closer collaboration with other parts of the business.
That’s why I’m so enthusiastic about the Employee Rights Bill. In addition to providing better protection for vulnerable workers and those in precarious employment situations, I genuinely think it could ignite a long-term, ongoing dialogue and relationship between HR and Legal. One where specialist knowledge, best practices, and strategic counsel flow between the teams for the betterment and enrichment of the entire organisation in the form of increased worker satisfaction and productivity.
With the right foundations in place, both teams can draw on their collective experience to predict further changes to the UK’s employment landscape. This will help achieve a long-term balance that recognises employee needs, organisational goals, and legal commitments. It will also ensure organisations can implement progressive, supportive, innovative, and effective employment policies that nurture talent from all backgrounds and drive growth.
