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 4. What could the July general election mean for employment law?




WHAT COULD THE JULY GENERAL ELECTION MEAN FOR EMPLOYMENT LAW?


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Last reviewed 23 May 2024

Prime Minister Rishi Sunak has announced that a general election will be held on
4 July. Here, we run through the main political parties’ positions on workplace
reform.


LABOUR

 * Day-one rights: Remove qualifying periods for basic rights like unfair
   dismissal, sick pay, and parental leave so they become day-one rights.

 * Single status of “worker”: Remove current distinction between employees and
   workers so that all workers are afforded same basic rights and protections,
   eg sick pay, holiday pay, parental leave, protection against unfair
   dismissal, etc.

 * Strengthen rights: Strengthen existing rights and protections, including for
   pregnant workers, whistleblowers, workers made redundant, and workers subject
   to TUPE processes.

 * Raise wages for workers: Continue commitment to raise National Living Wage;
   immediately increase National Minimum Wage (NMW) to at least £10 per hour for
   all workers whose NMW rate is not at that level; reform role of the Low Pay
   Commission; ensure travel time in sectors with multiple working sites is
   paid; act on “sleep over” hours in sectors like social care; ban certain
   unpaid internships; and create Fair Pay Agreements.

 * Sick pay: Increase Statutory Sick Pay (SSP) and make it available for all
   workers including those currently excluded because of low wages.

 * Close pay gaps: Act to close gender, ethnicity, and disability pay gaps;
   permit equal pay comparisons across employers where comparable work is
   carried out; and publication of ethnicity pay gap to be mandatory for firms
   with more than 250 staff.

 * Tackle harassment: Require employers to create and maintain workplaces and
   working conditions free from harassment, including by third parties.

 * Flexible working: Default right to flexible working from day one with
   employers required to accommodate this as far as is reasonable.

 * Family-friendly: Extend statutory maternity and paternity leave; introduce
   right to bereavement leave; make it unlawful to dismiss pregnant employees
   for six months after return from maternity leave except in specific
   circumstances; and review shared parental leave system.

 * Caring responsibilities: Strengthen rights of workers to respond to family
   emergencies with paid family and carer’s leave, flexible working, and greater
   ability for workers to enforce rights.

 * Zero-hours contracts: Ban “one-sided” flexibility; anyone working regular
   hours for 12 weeks or more will gain right to a regular contract to reflect
   hours worked; and all workers to get reasonable notice of any change in
   shifts or working time, and recompense for cancelled shifts.

 * Fire and re-hire: Improve information and consultation procedures; and adapt
   unfair dismissal and redundancy legislation to prevent workers being
   dismissed for not agreeing to a worse contract.

 * Mental health: Raise awareness of neurodiversity; and review provision for
   stress, mental health, and Long Covid.

 * Right to switch off: Introduce a new right to disconnect and protect workers
   from remote surveillance.

 * Update trade union laws: Strengthen trade union right of entry to workplaces;
   simplify process of union recognition; strengthen protections for trade union
   reps; and new duty on employers to inform workforce of right to join a union.

 * Enforcement rights: Extend time limit for bringing employment tribunal
   claims; and remove compensation caps.


CONSERVATIVES

 * Continue current agenda: Neonatal care leave and pay; reform of industrial
   action laws; Back to Work Plan including proposed reform of fit notes; reform
   of umbrella company market; continue with National Disability Strategy;
   address definition of “sex” in Equality Act 2010; re-introduction of
   employment tribunal fees; reform of non-compete clauses; and proposed reform
   to TUPE.

 * Bills currently being debated: Various including Paternity Leave
   (Bereavement) Bill; Bullying and Respect at Work Bill; Fertility Treatment
   (Employment Rights) Bill; and Unpaid Trial Work Periods (Prohibition) Bill.


LIBERAL DEMOCRATS

 * Parental leave reform: Give all workers, including self-employed parents, a
   day-one right to parental leave and pay. Each parent would get six weeks of
   “use-it-or-lose-it” leave, with 46 weeks of parental leave to share between
   themselves as they choose. After the initial six weeks, parental pay would be
   £350 per week.

 * Increase paternity pay: Increase paternity pay to 90% of earnings, with a cap
   for high earners.

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THIS PAGE COVERS

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 * Labour
 * Conservatives
 * Liberal Democrats

QUESTIONS AND ANSWERS

 * HR changes following government EU law review
 * Impact on HR laws of EU law review
 * Employee pay in a leap year
 * Paying employees an extra day in a leap year
 * Right to be accompanied — probation review meeting

FEATURES

 * Recapping the key differences in employment law across the UK: part 1
 * What in the world: is the UK falling behind on the rights of zero-hours
   workers?
 * What a general election could mean for employment law: part 1
 * What a general election could mean for employment law: part 2
 * Zero-hours contracts: a brief guide


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