The Labour party have promised significant changes within their first 100 days in office and we’re just waiting to find out the detail and timescales of those changes – but there’s lots to start thinking about right now.

Whilst the intention of these legislative changes, quite rightly, is to protect employees and workers, it is clear already that implementing the changes will result in increased costs, potentially increased claims & settlements and increased administration for already-stretched smaller businesses.

One to get ready for immediately, as this comes into force on 26th October 2024, is the Worker Protection (Amendment of the Equality Act 2010). This is a new proactive duty for employers to take steps to prevent sexual harassment of employees in the course of employment. Not one to ignore as any claims could now attract a 25% uplift in compensation if employers haven’t taken reasonable steps to protect employees. This is likely to include an audit of the workplace, a review of all policies around equality, delivering updated, regular training and generally encouraging a ‘speak-up’ culture. All to be documented so it can be relied upon if any claims arise.

Amongst other legislative changes, the hot topics we discussed were around the Governments proposals to:

Provide day-one rights on parental leave, sick pay and protection from unfair dismissal for all workers, although employers will likely be able to operate probationary periods while they assess new hires (detail still to be clarified).

Ban ‘exploitative’ zero-hour contracts: Legislation will ensure workers have a right to contract reflecting the average number of hours they regularly work, with reasonable notice of any change in shift patterns. This will put an end to “one-sided flexibility”, the government said.  However, given some workers enjoy the benefit of zero-hour contracts, we expect an opt-out.

End Fire and Rehire or Fire and Replace: the government will reform the law to provide effective remedies and replace the previous statutory code, which it describes as “inadequate”.

Remove the lower earnings limit on Statutory Sick Pay so it is available to all workers, and get rid of the three-day waiting period. Currently, 1.5m people earn below the lower earnings limit (£123 per week).

Implement a single status of workers where both employees and workers will become one category. This is a significant change and would mean day-1 rights for workers as well as employees.  We expect a long consultation on this proposal, so don’t expect any immediate changes.

Make flexible working the default from day one for all workers, with “employers required to accommodate this as far as is reasonable”.

Make it unlawful to dismiss a woman who has had a baby for six months after her return to work, “except in specific circumstances”.

Lots to think about – so get prepared or find someone to help you navigate it!