Labour’s employment law policy dashboard

Day one right not to be unfairly dismissed.

The Employment Rights Bill will give employees the right not to be unfairly dismissed from their first day of employment (the shortest service requirement since unfair dismissal rights were introduced in 1971 has previously been 6 months). Employers could still dismiss an employee for failing probation but only after following a fair and transparent process.

Details remain unclear, but this would increase the process around probation and dismissal of new hires. It might make employers more cautious about recruiting and inclined to use alternative resourcing models such as agency work. Some employers might opt for fixed-term contracts but, since ending a fixed term contract counts as a dismissal in the UK, this would only manage expectations rather than avoid the new rules. These plans are also likely to significantly increase the number of tribunal claims.

For more details, see:
Lewis Silkin - New Deal talking points: day one unfair dismissal rights, probationary periods and the Dutch experience
Lewis Silkin - New Deal talking points: What are Labour’s plans for unfair dismissal?

Restrictions on ‘fire and rehire’.

Labour has promised to clamp down on the practice of fire and rehire by providing ‘effective remedies’ in the Employment Rights Bill (it remains to be seen what this will look like). Dismissing and offering to re-engage workers on new terms - or replacing existing workers with new workers engaged on new terms - will only be allowed as part of a restructuring for a business to remain viable and preserve its workforce when there’s genuinely no alternative. Labour has said the new code of practice on ‘fire and rehire’ (which came into force on 18 July 2024) is ‘inadequate’ and will be replaced with a stronger version. Further details are unknown, but the proposals would require employers to have more than a ‘substantial reason’ for changing terms (as currently required).

For more details, see:
Lewis Silkin - New Deal talking points: what will Labour’s trade union reforms mean for non-unionised employers?

Thresholds for redundancy consultation.

Labour has said it will change the law so that collective consultation requirements will be triggered if redundancies reach a defined threshold across the business as a whole – rather than just, looking at numbers within each site/workplace. This was not, however, mentioned in the King’s Speech. This change would bring the UK more in line with many EU countries. Labour has not said whether it will also amend the number of redundancies that would trigger collective consultation requirements (currently 20 within a period of 90 days).

This plan will require multi-site employers to keep close track of redundancy numbers and will result in more collective consultation exercises.

For more details, see:
Lewis Silkin - New Deal talking points: what will Labour’s trade union reforms mean for non-unionised employers?

Outsourcing/TUPE.

Labour says it will strengthen the rights and protections for workers transferred under TUPE (but has not said how). It also says it will bring about the biggest wave of insourcing of public services in a generation, ensure that outsourcing can’t be used to avoid paying equal pay, and embed social value into the rules around public sector contracting.

Ban on ‘exploitative’ zero-hours contracts, and right to an average-hours contract.

With a view to giving employees more predictability in their income, Labour plan to outlaw ‘exploitative’ zero-hours contracts, introduce anti-avoidance measures, and bring in a new right to a contract that reflects hours that are regularly worked (as judged against a 12-week reference period). There is no detail on the minimum number of hours that must be guaranteed or the grounds (if any) on which employers would be able to resist an average-hours contract. The King’s Speech also did not give any further detail on what would be considered ‘exploitative’.

Migrating employees to average-hours contracts could reduce flexibility (for both employers and employees), increase employer baseline costs, create resourcing challenges in sectors where demand fluctuates and potentially encourage greater use of self-employment models.

Labour says the plans won’t prevent employees earning overtime or employers from hiring on fixed-term contracts including seasonal work. So it seems that seasonal surges could be managed either through hiring temps or offering overtime to regular employees.

Labour has now indicated that it not go ahead with the Predictable Terms Act. This was introduced under the previous Conservative government and was expected to come into force in the autumn. The Act would have given workers a right to request a more predictable working pattern, but Labour wants to go further and introduce a right to ‘have’, not just ask.

We’ve written about Labour’s plans to rebalance “one-sided flexibility” here.

Right to reasonable notice of work schedules and wages for shifts cancelled at short notice.

Labour plans to introduce new laws about shift scheduling to ensure that workers get reasonable notice of the times they are required to work, with compensation proportionate to the notice given for any cancelled shift.

This would add pressure on managers who create rosters. It’s unclear what exceptions will be introduced to address unexpected work shortage/increase.

Flexible working by default.

The Employment Rights Bill will strengthen the right to request flexible working to ensure flexibility is genuinely the default from day one, except where it is not reasonably feasible.

Details are unclear, but this could involve limiting the discretion for refusing flexibility and/or increasing tribunal powers to review employer decisions. Labour says it would mean that workers could benefit from flexi-time and term-time options, suggesting a focus on helping parents.

Right to disconnect.

Labour says it will bring in the ‘right to switch off’, giving workers and employers the opportunity to develop workplace policies or contractual terms. Details are unclear but Labour’s New Deal mentions Ireland and Belgium as possible models.

For more details, see:
Lewis Silkin - New Deal talking points: New details emerge on Labour’s right to switch off
Lewis Silkin - New Deal talking points: What could a new right to disconnect look like under a Labour government?

New single status of worker.

Labour wants – eventually – to abolish the UK’s current three-tier system for employment status. It wants a simple framework where people are either workers or self-employed, abolishing the current distinction between ‘employees’ and ‘workers’. Labour accepts that this can’t happen quickly (and there was no mention of it in the King’s Speech) and that it needs further consultation.

The idea seems to be that all workers would have the same employment rights, but it’s not clear how rights such as sick pay and family leave etc would operate in highly flexible work models.

Labour will also have to look at the tax regime. People with ‘worker’ status are currently generally taxed as self-employed but it would make little sense to have two groups with identical employment rights but different tax treatment. So will the new single status workers all be taxed as employees? This would increase employer costs (because of employer national insurance contributions) and (depending on the circumstances including whether those costs are passed on) create an incentive for individuals to argue for self employment.

Gig and other self-employed workers to have the right to organise.

Labour says it will ensure that self-employed workers enjoy the same improvements to trade union rights as workers, although it is unclear how this would work in practice.

Rights for the self-employed.

Labour has said it will give self-employed people the right to a written contract, take action to tackle late payments and extend health and safety and blacklisting protections to the self-employed. It’s not clear if all self-employed people would have the right to a written contract and if the client needs to supply the contract if the individual doesn’t provide their own contract.

National Living Wage.

The NLW jumped significantly in April 2024 but Labour wants to secure further improvements by linking it explicitly to the cost of living. Since coming into government, it has asked the Low Pay Commission to take account of the cost of living when recommending the April 2025 rates.

Labour has also promised to remove the 18-20 age band. The band currently allows employers to pay a lower hourly rate to under 21s. Its removal would especially impact the retail, leisure and hospitality sector, where under 21s are often employed. Labour has asked the Low Pay Commission to recommend a rate for April 2025 which narrows the gap with the top rate.

Ban on unpaid internships.

Labour has said that it will introduce an explicit ban on unpaid internships except as part of an established training or education program.

For more details, see:
Lewis Silkin - New Deal talking points: Will a ban on unpaid internships make a difference?

Tips.

Labour would ensure workers receive their tips in full. This seems to be a commitment to continue with the Tips Act, which is already due to come into force on 1 October 2024.

Ethnicity pay gap reporting (for employers with 250+ employees).

The draft Equality (Race and Disability) Bill will make ethnicity pay gap reporting compulsory for employers with at least 250 employees. The threshold is surprisingly low considering current guidance that employees need at least 50 employees in at least two out of five ethnic groups before they can report any meaningful data externally. It is possible that a more nuanced approach will emerge after consultation, but employers should be ramping up efforts to address incomplete data.

Disability pay gap reporting (for employers with 250+ employees).

The draft Equality (Race and Disability) Bill will introduce compulsory disability pay gap reporting. This will be challenging to implement in a way that supports meaningful action to address inequalities given the current lack of consensus around what metrics to look at, how to ask about/define disability and the broad spectrum of disabilities. Detailed consultation seems likely.

Gender pay gap reporting - action plans to be published and outsourced workers to be included.

Many employers already tend to publish gender pay gap action plans, so this by itself will not be a big change.

The inclusion of outsourced workers in gender pay gap reports will, however, be material. It will make pay gap reporting a bigger exercise. It is currently unclear how this will work – will employers be given new rights to obtain pay data from outsourced service providers or exert control over what they pay?

Draft Equality (Race and Disability) Bill

Labour currently plans a draft bill to extend the right to make equal pay claims to black, Asian and minority ethnic and disabled workers. Extending the flawed equal pay regime to cover additional characteristics will simply make it vastly more complicated for people to complain about discrimination and this is a proposal that needs to be re-considered. We’d expect Labour to consult on these ideas before proceeding.

We have written about these ideas and their impact in more detail here.

Labour have previously spoken of plans to enact the right to claim ‘dual discrimination’, where someone claims they have been discriminated against because of having two protected characteristics, such as because they are a Muslim woman. However, this was not mentioned in the King’s Speech.

Tougher sexual harassment regime. Sexual harassment likely to be treated as whistleblowing.

Employers will already come under a new proactive duty to take ‘reasonable steps’ to protect employees from sexual harassment in October 2024. Labour plan to raise the bar again to require employers to take ‘all reasonable steps’ to stop sexual harassment, including harassment by customers/third parties. This will be more challenging to meet.

Labour has indicated that it would treat an allegation of sexual harassment as amounting to whistleblowing. From a legal perspective, one consequence would be that a dismissed worker could claim ‘interim relief’ protecting their salary if they assert a link between their dismissal and a harassment allegation. Interim relief applications are urgent and resource-intensive.

Labour might also look to strengthen the law around non-disclosure agreements although this is not explicit.

Right for trade unions to access workplaces to recruit and organise.

The Employment Rights Bill will introduce rights for trade unions to access workplaces in a regulated and responsible manner, on appropriate notice.

This will be a big change to the current limited rights of entry ahead of a statutory recognition ballot. It could also include a new digital right of access enabling unions to get in touch with remote/platform workers. Unions may need to address their value proposition to the modern workforce before this is likely to result in a major increase in membership, but it’s likely to be regarded by unions as a significant win.

For more details, see:
Lewis Silkin - New Deal talking points: what will Labour’s trade union reforms mean for non-unionised employers?

Simplify process of statutory union recognition and lower the threshold for a union to secure it.

Labour plans to grant recognition to unions if supported by a simple majority of votes in a statutory ballot. The current requirement that recognition must also be supported by 40% of those entitled to vote will be scrapped, as will the requirement to show that at least 50% of workers are likely to support recognition before the process can begin, making it easier for unions to secure statutory recognition.

For more details, see:
Lewis Silkin - New Deal talking points: what will Labour’s trade union reforms mean for non-unionised employers?

Repeal of Strikes (Minimum Service Levels) Act 2023, Trade Union Act 2016,and introduction of electronic balloting.

These reforms would ease restrictions on industrial action, make ballot mandates easier to secure and scrap the minimum service levels which the previous government was rolling out for public sector strikes. Electronic balloting will bring the law in line with modern technology and working methods.

Fair Pay Agreement in adult social care.

Back in 2021, Labour was pledging to roll out sectoral collective bargaining across all industries. Now, Labour is only going to do this in the adult social care sector, following which there will be a review to assess the benefit for other sectors. This approach may have limited success in the (predominantly state-funded) adult social care sector unless new funding is made available to enable higher pay rates to be negotiated.

Obligation to notify workers of their right to join a trade union.

The written statement of employment particulars (which must be given to all workers when they start a new job) will need to say that workers have the right to join a trade union, and all staff must be informed of this on a “regular” basis. This will require the updating of standard templates but seems unlikely to have a big impact.

Collective grievance process.

Labour says it will enable employees to collectively raise grievances about conduct in their place of work to Acas in line with the existing code for individual grievances. This is a confusing proposal. Individual grievances must be raised with the employer, not Acas. Nonetheless, this suggests that there will be a new process for workforces to raise collective grievances, possibly including the right to be represented by a trade union official even in non-unionised workplaces.

For more details, see:
Lewis Silkin - New Deal talking points: what will Labour’s trade union reforms mean for non-unionised employers?

New protections for trade union reps and members.

The details haven’t been released but, Labour says it will give unions reps stronger protection from dismissal and create new rights for members in relation to intimidation, harassment, threats and blacklisting. As trade union reps and members already enjoy extensive protections, these changes are unlikely to be of major significance.

Ban on dismissing maternity returners for 6 months after return from maternity leave, except in specific circumstances.

Since 6 April 2024, women selected for redundancy have had the right to suitable alternative employment if they are pregnant (and have told their employer this) or if their expected date of childbirth was less than 18 months ago. The Employment Rights Bill will also prevent the dismissal of those returning from maternity leave for six months after their return, except in specific circumstances (to be defined). This could be challenging and arguably counter-cultural for even the most supportive employers, for example if the result is that better performing employees need to be made redundant instead. Presumably the new right would apply during maternity leave as well as afterwards – but that’s not made clear.

Bereavement leave to be introduced for all workers.

Many employers generally offer compassionate leave already but Labour plans to make this a statutory entitlement for all workers.

Paid carer’s leave.

The right to one week’s unpaid carer’s leave came into force in April 2024. Labour would look at making this a paid entitlement but is not promising to do so.

Parental rights review.

Labour plans to review the parental leave system within the first year of government. The Employment Rights Bill will make ‘parental leave’ a day one right. It’s unclear if this means parental leave specifically or any kind of right for parents to take family leave. For example, paternity leave currently requires six month’s employment and it seems highly likely that Labour will scrap this. There are no radical reform proposals currently on the table to overhaul the UK’s complex family rights framework.

Menopause action plans to be published (for employers with 250+ employees).

Many employers already have policies which could be converted into action plans.

Statutory sick pay reforms.

The Employment Rights Bill will remove the waiting period so that statutory sick pay must be paid from day one of sickness (rather than day four) and remove the lower earnings limit so that very low earners qualify for sick pay.

It’s not clear if Labour will also increase the rate of SSP, which remains low compared to other countries. The reforms will increase costs for employers who rely on the waiting period for any existing populations (e.g. employees on probation) or who have low earners (for example because they work very few hours) but will assist those on low incomes who fall ill.

Terminal illness best practice.

Labour plans to encourage employers and trade unions to sign up to the Dying to Work charter. This sets out best practice around employing workers with terminal illness.

Guidance on working in extreme temperatures.

As the climate changes, employers will inevitably have to take more heat protection measures to meet their existing health and safety duties. Specific guidance could potentially help clarify rules and best practice.

Apprenticeship Levy reform

Labour says it will reform the apprenticeship levy and create a new, flexible, growth and skills levy.

We have written in more detail about Labour’s plans on apprenticeships here.

Youth guarantee of access to training

Labour will create a youth guarantee of access to training, an apprenticeship, or support to find work for all 18-21 year olds.

Skills England

Labour will establish Skills England, which will bring together businesses, training providers, unions and national and local government to ensure there is a highly trained workforce.

Stronger protection for whistleblowers.

Labour says it will strengthen protection for whistleblowers but has not said how, except that it seems likely that employees who report sexual harassment will be automatically counted as whistleblowers (see discrimination).

Extension of time limits for bringing tribunal claims from 3 to 6 months.

This would increase uncertainty but also allow more time to resolve complaints before claims need to be filed. Overall, it is likely to result in more tribunal claims.

New state enforcement body the “Fair Work Agency” with powers to inspect workplaces and take legal action.

More state enforcement of employment rights looks to be inevitable given the delays in the current tribunal system. For employers, however, state enforcement can sometimes be a blunt instrument lacking the careful scrutiny and assessment of an employment tribunal. Documentation and record-keeping will become more significant.

The Employment Rights Bill will establish a new state enforcement agency called the Fair Work Agency. The new body is likely to have powers to enforce working time, holidays, pay, sick pay, agency rules and ‘discriminatory practices against migrant workers’. It has been reported that its remit may also include parental rights.

Consultation on surveillance technologies

Labour plans to require employers to consult worker representatives before introducing surveillance technologies. Labour is rumoured to favour stronger regulation of AI -including a requirement on employers to monitor for bias or discrimination before deploying it - but the latest official proposals are non-committal. Although the TUC recently published its AI Bill, which would impose onerous risk assessment and consultation obligations on employers, the extent to which this might influence future Labour policy remains to be seen. The EU AI Act is now in force and will (largely) be effective from August 2026. This will impact employers in the UK as well as the EU.