gunnercooke employment partners react to the King’s Speech: What does this mean for the country? 

Today’s State Opening of Parliament revealed key government focuses for the year ahead, including the confirmation of 39 bills in the King’s Speech.  

This swathe pf proposed legislation includes bills that will serve to has reform and strengthen workers’ rights and employment law, impacting many people across the United Kingdom – both employers and employees.  

The speech itself gave just a brief overview of the bills, we can expect some of the following changes to be debated and passed in the coming months: 

• Day one rights including unfair dismissal. 

• Banning zero hours contracts.  

• Banning fire and rehire.  

• A right to switch off. 

gunnercooke’s employment team is here to share their insights on the effects of the proposed legislation.  

Richard Linskell, Employment Law Partner 

“The King’s Speech gave little detail on the government’s programme for employment but based on the contents of the Labour party manifesto show, we can expect there to be a right for employees on zero hours contracts to insist on a minimum number of working hours based on their actual hours over a 12-week period, the right to claim unfair dismissal from day one of employment, the ending of “fire and rehire” practices and the right to equal pay for ethnic minorities.  

“But with all these rights the devil will be in the detail, in particular how will any probationary periods modify the “day one” right, how can a business legitimately change terms and conditions where an employee is unwilling to change and how will any comparison be done between different ethnic minorities for equal pay.” 

Ed Jenneson, Employment Law Partner:  

“The scrapping of qualifying period for unfair dismissal will place an unbearable strain on our tribunal system as well as a huge burden on employers. It is not unusual for prospective candidates to exaggerate their skill set in an interview, so if an employer has to contend with unfair dismissal rights and claims from day one, it will prevent many employers offering employment or taking a risk on hiring someone who isn’t deemed ‘perfect’ for the role. 

“One solution that could work would be the implementation of tribunal fees, i.e. make a claimant pay to bring a claim in the employment tribunal, meaning only cases that have substantial claim will be brought forward.”    

Tim Tyndell, Employment Law Partner: 

“The new government’s approach to employment law has been well signposted in the run up to the election, in particular in its ‘Green Paper’ ‘A new deal for working people’ which was repackaged at various stages. 

“Of the many changes proposed, none were referred to specifically other than the reference to being ‘committed to making work pay’ and legislating to introduce a new deal for working people to ban exploitative practices and enhance employment rights [Employment Rights Bill]’. 

We await the detail under ‘other measures will be laid before you,’  

So, watch this space but they may include: 

• Immediate increase in minimum wage.  

• Banning unpaid internships.  

• Payment of Travel Time in certain sectors  

• A rise in Statutory Sick Pay  

• The use of Fair Pay Agreements  

• A single status of Worker (clarifying the rights which apply to the current suite ‘employee worker or self-employed’)  

• Flexible working as a day one right   

• Simplification of Trade Union activities  

• The establishment of a single enforcement body (SEB) for Health and Safety and workers’ rights  

• Protections for the self-employed.  

“Additionally, Labour acknowledged prior to the election that the Employment Tribunal system is at breaking point. None of the suggested measures will have any real teeth unless they can be enforced easily and quickly by workers and employers. We must wait to see whether a system in crisis is given the resources it needs to function properly.”