PCS responds to Employment Rights Bill

The Bill honours Labour’s commitment to addressing many employment rights issues within 100 days of entering government.

Before the general election the Labour Party promised to table a bill within 100 days of government to improve workers’ rights and reverse the Tories’ anti-union legislation. The bill was unveiled today (10).

PCS and other unions will continue to push the government further on many measures, as changes can still be made to the bill before it is fully implemented in two years’ time.

Key points of the bill are:

Sick pay

All workers will have the right to sick pay from day one of any illness, rather than from day four.

The government also says the rate of statutory sick pay will be “strengthened” by removing the lower earnings limit.

Unfair dismissal and probation

The existing two-year qualifying period for protection from unfair dismissal will be removed, although staff will be subject to a nine-month probation period.

The government will consult on a new statutory probation period for new employees, intended to give more people confidence to re-enter the job market or change careers.

End to zero hours contracts

Employers will be required to offer a zero-hours worker a guaranteed-hours contract based on the hours that they work regularly during a 12-week period.

Employees who prefer a zero-hours contract can remain on those terms if they want to - but will have the right to guaranteed working hours if they want them.

Fire and rehire

Fire and rehire practices will be banned in all but the most extreme circumstances, meaning employers cannot sack employees and rehire them on worse terms and conditions.

Flexible working and family-related policies

The law will change to make flexible working the default “where practical”, and action plans must be drawn up to address gender pay gaps and to support female employees through menopause.

There will also be the right to paternity leave and unpaid parental leave from day one of employment and employers must establish policies for bereavement leave.

Trade union ballots

A policy paper alongside the bill confirms that after royal assent unions will be able to use electronic balloting. Removal of the 50% threshold for industrial action ballots has also been confirmed, reversing the changes that the Tories introduced in 2016.

PCS general secretary Fran Heathcote said: “It's refreshing to hear a new government talking about extending workers' rights and better cooperation between trade unions, employers and government.

“Clearly the devil will be in the detail, and we will hold the new Labour government to account on the pre-election commitments it made on a new deal for workers.”