Kier Starmer’s Labour has been in government since its landslide victory on the 4th July – a landmark victory, albeit one marred by protest votes and rising support for upstart far-right party Reform. Nonetheless, Starmer’s government has wasted no time in setting out its stall for the coming five years, with sweeping reforms planned in every sector.
Employment is one key area of reform for Starmer’s administration, being the sector towards which some of Labour party’s key manifesto pledges are pointed. But what exactly are Labour’s plans for employment law, and what do you need to know to navigate the changes?
[Photo by Andrea Piacquadio]
Unfair Dismissal
First and perhaps foremost amongst the 28 different reforms being proposed, the new government is working to change the fundaments of workplace probationary periods. As it stands, employers are able to dismiss employees within two years of their employment without cause, leaving many disadvantaged employees without the recourse to claim for unfair dismissal. The government is moving to remove this
two-year probationary period, enabling workers to explore such claims irrespective of time in position.
Fire and Rehire
Further, the government is working to effectively ban ‘fire and rehire’, a practice whereby an employer dismisses an employee before offering to re-engage them on new – and often less favourable – contractual terms. This falls under the same reforms to unfair dismissal, as dismissals linked to disagreements over contractual changes will automatically be deemed unfair.
Harassment
Sexual harassment has always been a serious concern, and one with serious legal consequences. In practice, though, workplace harassment has only ever been a cause for reactive action, as opposed to proactive action. As such, Labour have deigned it an employer’s responsibility to prevent harassment in the workplace – and crucially, included third-party harassment. This corrects a discrepancy between the Equality Act 2010 and the European Convention on Human Rights (ECHR), the latter of which included such protections.
Zero-Hours Contracts
Another key change to employment terms relates to the practice of offering zero-hours contracts, where Labour intended to introduce more robust and specific regulation. As many businesses utilise zero-hours contracts for part-time and general entry-level staff, this is a key area which may require bespoke advice or counsel; this is particularly true for Labour’s intentions to require guaranteed hours for each employee – and to require reasonable notice for shifts. Seasonal staff may be exempt, but the specifics will out as Labour comes to set out its stall for this reform.
Flexible Working
While not the last reform on Labour’s list, flexible working is one of the last major reforms expected to be celebrated by employment rights campaigners. Labour plans to introduce new regulations for flexible working, starting with a requirement for employers to justify any refusals of flexible working requests by employees, to employees.
Many campaigners are nonetheless concerned, in spite of the sweeping nature of reforms proposed, that Labour have not gone far enough in their remit. With nearly five years of government left to go, whether Labour build on these initial proposals remains to be seen.
