Who’s afraid of the Employment Rights Bill?

The Employment Rights Bill is a fresh start, creating a new relationship between employers and employees, where both parties recognise their human and professional obligations to each other. Think of it as a marriage! (or renewed wedding vows!)

This article takes a deliberate resoundingly positive approach and takes the view that embracing the ERB will pave the way for creating engaging and productive workplaces across the UK.

Protection from Day One

Imagine starting a new job and knowing you are safe from unfair dismissal right from the start. It's like having a safety net while you find your footing in your new role. Many people have faced the dreaded call to the boss's office early on, only to hear, "It's not working," or worse, being “let go” without any process. These newcomers rely on their jobs and pay just as much as long-time employees and might have even left a secure job to join the new one. It's only fair they get some basic job security too.

The key is to really get to know potential new hires during the recruitment process, before signing and be super clear about what's expected in the role. Start off as equals and keep it that way with regular check-ins during the early days. It usually takes about a month for new workers to settle in, so the onboarding period is crucial. Keep it simple though its all about quality time with your boss and stakeholders in the early days.

Companies can still offer a mutual probation period of up to nine months – this should not be seen as a sword of Damocles. This probation period is great for responsible companies to make sure they hire well and are clear about what they expect from new starters. It allows for a proper assessment of whether an employee is a good fit for the role and reassures employees that they have rights from day one.

Parental and Bereavement Leave

From day one, you get parental and bereavement leave, plus stronger sick pay. It's all about balancing work and life, making sure you have the support you need during tough times. The principle is Self-Relationships-Work – they all matter. No one wants to be sick, have a sick child, or lose a family member. These things happen to everyone, and it's just a part of life. A kind employer at such times is remembered and appreciated - most people would put back that kindness with commitment and effort at later times, quid pro quo.

End Exploitative Zero-Hour Contracts

Zero-hour contracts are a mixed bag. For some, like the semi-retired car drivers/cleaners at Avis, they’re perfect. These folks wanted a reason to get out of bed, earn some extra cash, and enjoy some human contact. But for others, zero-hour contracts can be downright exploitative and break the basic principle of treating each other as equals. Young or vulnerable workers shouldn't be exposed to these contracts.

Take McDonald’s, for example. While their employment model has many benefits, some franchisee supervisors have taken advantage of their position, manipulating or harassing their teams. The power to give or take away hours can dangerously corrupt relationships.

Legislation should ensure that those who benefit from zero-hour contracts can keep them or at least agree on a basic number of guaranteed weekly hours or move to a fixed-hours contract. If done right, it’s a win-win with clarity for all and better financial security, leading to less distracted workers.

Training, measurement, and feedback loops are essential to ensure there’s no exploitation or favouritism. In the most franchised models, there should be no loss of accountability for those whose name is above the door.

This bill aims to ensure fair treatment for all workers, whether they prefer flexible hours or need more stability.

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End Unscrupulous Practices of Fire and Rehire

Let's put an end to the shady practices of firing and rehiring or replacing workers! Fairness and job security should always come first. To have a confident and engaged workforce in the UK, we need to avoid these unscrupulous practices.

Take the P&O ferries situation, for example. The company gained a bad reputation for firing and rehiring their crews on much worse terms. Let’s not forget they asked the government for a fair playing field where all UK to Europe ferry services people were on the same terms, but the government didn't get involved and later denied any contact. P&O then re-hired their crews on the same terms as their competitors.

The ERB (Employment Rights Bill) still provides a chance for unilateral contract changes when a company or individuals are completely out of sync with the market, to the point where continuing current contracts could mean the business might close. The ERB raises the bar for proof and business cases to a higher level.

Flexible Working

Whether it's split shifts, home working, or term-time working, the bill encourages employers to have an open mind about flexible working requests as much as possible.

Let's focus on two things:

Purposeful Work:?It's important to have a strong work ethos and psychologically shows up for work. Employers need to be clear about what success means in terms of ways of working, attitude and deliverables from the start of the recruitment process and during onboarding.

Flexibility:?Everything else is up for grabs! Whether it's split shifts, home working, or term-time working, it all depends on the specific role. The bill aims to shift the focus so that employers are required to accommodate flexible working requests as much as possible. While valid business reasons for refusing a request will still apply, employers will need to explain the grounds for refusal and why they consider it reasonable.

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Stronger Protections for Pregnant Women and New Mothers

With a falling birthrate, it's crucial to protect the rights of pregnant women and new mothers. The UK has a birthrate of 1.4 for every 2 people, but we need 2.1 for a steady population. Since new immigration isn't a popular solution, it's clear that we need to protect the rights of pregnant women and new mothers. This is just one step (many more are needed) to secure the future by making family life a viable choice for everyone. Enhanced protections are essential for those juggling life, children, work, and finances.

?Fair Work Agency

Introducing the Fair Work Agency! This new agency has the power to enforce holiday pay and ensure fair work practices. It's all about building confidence in UK employers.

Now, there's a risk that this could become just another bureaucratic agency or one that doesn't have enough resources to make a difference. But in theory, this agency will help businesses develop fair and equitable ways of working and share best practices. This will boost the confidence people have in UK employers.

The focus of the agency should be to simplify all regulations and work practices, making things clearer and fairer for everyone.?

Pay Gap Action Plan

Let's tackle the gender pay gap and support employees through menopause! Large employers will need to create an action plan to address these issues. It's all about driving real improvements in inclusion and fairness. These plans need to pull through a broader inclusion agenda without getting lost in the detail of intersectional politics.

The Bill requires organisations with 250 or more employees to develop and publish an action plan to address any gender pay gap. Additionally, these organisations will need to create a plan to support employees through menopause.

I've worked in different businesses where demographics played a big role. In one, half the employees were car drivers/cleaners, mostly semi-retired men, leading to higher average pay for women. In another, a call centre in an army town, most workers were women married to soldiers, resulting in higher average pay for men. These differences had nothing to do with inclusion or work practices.

Measurement can drive action, but sometimes stats don't paint a fair picture. We need to ensure that reporting requirements are simple to administer and drive real improvements across all aspects of inclusion, without creating false improvements or benefiting one group at the expense of another.

Embrace the Employment Rights Bill and be a part of creating a fair and engaging workplace where everyone feels valued from day one. Keep things simple and unbureaucratic and focus on transparency and building an engaged workforce.