Employment Rights Bill: what primary care providers need to know

The Employment Rights Bill was presented to Parliament on 10 October, fulfilling Labour’s pre-election promise to publish it within 100 days of a change of government. It received its second reading on 21 October (you can read our blog here for a summary of the second reading); it was accompanied by a flurry of related documents. As a result, we now know more about the Government’s plans. 

The Bill now proceeds to its committee stage where it will be scrutinised line by line. The Bill Committee is due to report to the House of Commons by 21 January 2025. Though the exact timetable has not been set, we would expect the Bill to have completed the parliamentary process by the summer recess, which is likely to start in late July 2025.

Here are the key take-aways for employers in the primary care sector:

Unfair dismissal

Protection against unfair dismissal will become a “day one right”, as compared to the current 2-year qualifying period.  There will be an “initial period of employment” which will be defined in regulations, during which the employer will only need to show a potentially fair reason for dismissal, and will not be required to defend the decision to dismiss as reasonable. Employers are likely to want to focus on recruitment processes, ensuring references are taken and drafting policies regarding conduct and performance that are fit for purpose. GP practices may want to align any probation periods they do have with the new “initial period of employment”.

Zero hours contracts

Workers (which includes casual and bank workers) will have the right to a guaranteed hours contract if they work regular hours over a defined period, as well as compensation for last-minute cancellation of shifts.

Flexible working

The reasons employers can rely on when refusing a request will be narrowed by importing a reasonableness requirement.

Family rights

Paternity and parental leave will become day one rights as well a new, broader, right to bereavement leave. In addition there will be stronger protection against the dismissal of pregnant women and new mothers.

Statutory sick pay

The three-day waiting period to qualify for statutory sick pay will be removed. This means that eligibility for SSP can arise where a person is incapable of work for a single day, as opposed to the current requirement for there to be 4 consecutive days of incapacity. In addition, the Lower Earnings Limit will be removed.  

Equality law

Employers’ duties in relation workplace sexual harassment will be strengthened by requiring them to take “all reasonable steps” to prevent it and provide protection against third-party harassment (which could include harassment from patients).  This further enhances the new duty coming into effect at the end of this month, and it would be advisable to consider strengthening policies and training provision on sexual harassment now.   

Trade union rights

The Bill includes measures to protect workers from dismissal and blacklisting for trade union activity, ensure workers understand their right to join a trade union, to simplify the statutory recognition process, and to bring in a new right of access for union officials to meet, represent, recruit, and organise members in workplaces. The Trade Union Act 2016 and the Strikes (Minimum Service Levels) Act 2023 will be repealed.
 
The Government has confirmed it will consult on these measures during 2025, with measures unlikely to be implemented before 2026, and reforms to unfair dismissal not taking effect before Autumn 2026.  
 
Labour’s manifesto contained a number of other items which are not replicated in the Bill, but further measures may be announced in due course over issues such as the right to disconnect and reviewing parental and carers leave.