7 Practical steps for employers ahead of the Employment Rights Bill

Preparing for the anticipated changes in employment law can seem daunting, but with a proactive approach, employers can navigate these transitions smoothly. Here are some practical steps to help you get ready:

1. Review and Update Policies

Flexible Working: Ensure your flexible working policy is up-to-date and reflects potential changes as far as possible. Consider how you will handle a likely increase in flexible working requests and ensure your process is fair and transparent.

Unfair Dismissal: Review your performance management procedures and explore how they would dovetail with a probationary period, given the anticipated ‘day one’ right. Make sure your probationary period policies are clear and that you have robust processes for managing performance, capability and conduct transparently within that period as well as beyond.

Parental Leave: Consider levelling up other types of parental leave – such as paternity – for access to all, without 26 weeks service, as with maternity leave. You would not be able to claim statutory payments in these cases until any new legislation is in force, however there may be engagement and simplicity premiums from doing this now. Some employers have equalised all forms of new parent leave for greatest inclusion, removing assumptions about gender roles / family structures. Be mindful too of setting returning parents up to succeed, to be ahead of any new protections following leave.

Think Fairness: Re-examine any ‘one-sided flexibility’ such as zero hours contracts and phase out unpaid internships (except as part of a specific training programme).

2. Engage with Employees

Communication: Your employees may well be aware of media coverage and speculation about the Employment Rights Bill, such as extensions to flexible working. Keep your employees informed with clear information about the many forms of flexibility already open to them to keep the discussion grounded and highlight existing opportunities. Once the Employment Rights Bill is published, you will be able to update employees on what it contains.

Feedback: Encourage employees to provide feedback on current policies and any changes. This can help you identify potential issues and areas for improvement. Consider whether setting up an internal forum may help you to get ahead on listening to the employee voice.

Switching off: Encourage communication styles that do not presume an ‘always on’ workforce. For example, email signatures can explain that an email sent out of hours at the choice of the sender does not anticipate an immediate response. This way, you’ll get ahead of a future need for a code of conduct on the right to disconnect.

3. Training and Development

Management Training: Be ready to train managers on the new legal requirements and ensure they know now how to handle flexible working requests, fair dismissals, and parental leave. Underline the importance of following processes.

Employee Awareness: Educate employees about their rights. This can help them understand the changes when new legislation comes in, and how to make requests or raise concerns appropriately.

4. Consultation and Engagement

Engage with your Local MP as a business: Engaging with local MPs can help influence policy decisions and ensure your concerns are heard.

Participate in Consultations: Take part in any government consultations and discussions hosted by employer groups such as the CIPD, CBI (Confederation of British Industry), Institute of Directors of Chamber of Commerce to provide feedback on proposed changes. This can help shape the final legislation and ensure it is practical for businesses.

5. Legal and HR Support

Legal Advice: Consult with legal experts to ensure your policies and procedures comply with the new laws when the draft Bill emerges (likely by end of October). This can help you avoid potential legal issues and ensure you are fully prepared.

HR Support: Work closely as an HR team with other internal stakeholders (Diversity, Equity & Inclusion, Wellbeing / Health & Safety, any union or employee bodies, etc.) to implement the changes and provide support to managers and employees. Ensure they have the resources and training needed to manage the transition.

6. Monitor and Evaluate

Track Requests and Outcomes: Keep records of flexible working requests, dismissals, and parental leave cases. This can help you monitor the impact of the changes and identify any trends or issues.

Evaluate Policies: Regularly review and evaluate your policies to ensure they are effective and compliant with the new laws. Make adjustments as needed based on feedback and outcomes.

Get ahead of Pay Gap Reporting: If you have more than 250 employees, explore how you can best build trust and invite employee disclosure of relevant information on ethnicity and disability to be ready for pay gap reporting under the Equality (Race and Disability) Bill set to come later.

7. Support for Working Parents, Carers and Life Stages

Childcare Solutions: Consider offering childcare support, such as backup care or workplace nurseries, to help working parents manage their responsibilities. As the bar raises on what ‘fair work’ looks like, it will be more important than ever to differentiate as an employer of choice.

Benefits and policies for all life stages: Ensure your policies support work-life balance across all stage of life and family, including flexibility of time and place of work, enhanced leave for carers and more innovative options where possible such as sabbaticals or term-time working. Benefits and services such as access to coaching, advice, employee resource group events all show your willingness to go beyond the statutory minimum in order to empower and retain your talented people.

Menopause: Ensure you have a menopause action plan, before this becomes compulsory for employers with more than 250 people.

By taking these steps, your organization will be ready not only to comply with the new legal requirements but also to create a supportive and productive work environment that benefits both employees and the valued people within it.

For further information on the post-election landscape for employers watch on demand our latest webinar Navigating the post-election landscape as a family-inclusive employer

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