How the Employment Rights Bill could transform org health

What does the Employment Rights Bill mean for organisational health?

The Employment Rights Bill introduces key reforms to UK labour laws, including a ban on exploitative zero-hours contracts, expanded day-one employment rights, and restrictions on ‘fire and rehire’ practices. These changes aim to enhance worker protections, but they also present challenges and opportunities for businesses, particularly in workforce management, organisational structure, and cultural shifts.

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The UK government has unveiled what Deputy Prime Minister Angela Rayner has described as “the biggest upgrade to workers’ rights in a generation.” On its election, the government promised to deliver an Employment Rights Bill within 100 days of taking office and the content of the Bill published is a result of intense negotiation between business groups, trade unions and the government. Although the principles behind the changes to employment rights had been well trailed, now that the Bill is published, we can explore its implications for the organisational health of businesses and organisations across the UK.  

Introduction to the Employment Rights Bill

The Employment Rights Bill aims to address several longstanding issues within the labour market, including job insecurity, poor working conditions, fair treatment, and work-life balance. Its key provisions include: 

• A ban on ‘exploitative’ zero-hours contracts: This measure seeks to eliminate the uncertainty and insecurity associated with zero-hours contracts, with employees given the right to a contract that reflects the number of hours they regularly work, if they wish to, while also supporting people to remain on a zero hours contract if they value the flexibility it provides.  

• Day one employment rights: By removing the qualifying period of employment for certain rights; the Bill guarantees rights to parental pay and leave, sick pay, and protection from unfair dismissal from an employee’s first day.   

• Restrictions on ‘fire and rehire’ practices: The bill aims to curb the practice of dismissing employees and rehiring them on less favourable terms and conditions, with a general prohibition on the practice unless it’s necessary to ensure the financial viability of the employer. 

These changes are designed to create a fairer and more supportive working environment, but they will also pose challenges and opportunities for UK employers. 

Impact on workforce management 

One of the most immediate impacts of the Employment Rights Bill is on workforce management. Employers will need to adapt their existing employment practices to comply with the new regulations: 

1. Recruitment and onboarding: The extension of unfair dismissal protections from day one means that businesses will need to be more diligent in their recruitment and onboarding processes. This could involve more thorough background checks, clearer communication of job expectations, and more comprehensive training programs to ensure new hires are well-prepared for their roles. It will also require organisations to have clear and robust performance management / disciplinary procedures, which are both followed and fair. 
2. Flexible working arrangements: The right to request flexible working from day one will require employers to rethink their approach to strategic workforce planning, work schedules and onboarding. This could involve implementing new policies and systems to ensure customer demand is met, manage flexible working requests, as well as investing in technology to support remote work. While this can enhance employee satisfaction and retention, it will also require careful planning to ensure that business operations are not disrupted. 
3. Employee relations: The restrictions on ‘fire and rehire’ practices mean that employers looking to change employees’ terms and conditions of employment will need to find alternative ways to manage workforce changes. This could involve more proactive communication with trade unions and employees, greater emphasis on negotiation and compromise, and a focus on maintaining positive employment relations. Investment in training for managers to handle these situations effectively may also be required. 

Organisational structure and design 

The Employment Rights Bill also has implications for the broader organisational structure and design of a business. These changes can affect how a business is organised, operates and interacts with its employees:  

1. Decentralisation and flexibility: To accommodate the new flexible working arrangements, businesses may need to adopt more decentralised organisational structures. This could involve giving more autonomy to individual teams and departments, allowing them to manage their own schedules and work arrangements. While this can enhance agility and responsiveness, it also requires strong communication and coordination to ensure that all parts of the organisation are aligned. 
2. Hierarchical vs. flat structures: The need for greater employee engagement and communication may lead some businesses to adopt flatter organisational structures. This can involve reducing the number of management layers and promoting a more collaborative and inclusive work environment. While this can improve communication flows, and enhance innovation and employee satisfaction, it also requires effective leadership and management to ensure that decision-making processes are efficient and effective. 
3. Role of HR and management: The changes proposed by the Employment Rights Bill will place greater demands on HR and management functions. As well as implementing new or amended policies and processes, HR departments will need to take on a more strategic role that focuses on employee engagement and organisational development. Managers will need to be equipped with the skills and knowledge to handle the new regulations effectively, including conflict resolution, negotiation, and communication. 

Cultural and behavioural changes 

The Employment Rights Bill is likely to drive significant cultural and behavioural changes within organisations. These changes can affect how employees perceive their roles, how they interact with each other, and how they contribute to the organisation’s overall success. 

1. Employee empowerment: By enhancing workers’ rights and protections, the bill can empower employees to take a more active role in their work and their careers. This can lead to greater engagement, motivation, and productivity, as employees feel more valued and supported. 
2. Trust and transparency: The new regulations can promote a culture of trust and transparency within organisations. By ensuring that employees are treated fairly, and their rights are respected, businesses can build stronger relationships with their workforce. This can enhance collaboration, reduce conflict, and create a more positive and supportive work environment. 
3. Adaptability and resilience: The need to adapt to the new regulations could encourage organisations to become more adaptable and resilient. This could involve embracing new ways of working, investing in employee development, and fostering a culture of continuous improvement. By being proactive and responsive to change, companies can enhance their competitiveness and long-term success. 

Cost implications  

Ensuring adherence to the new regulations could involve significant costs for businesses, including investments in technology, training, and compliance. Small and medium enterprises (SMEs) are particularly vulnerable here; they will need sufficient support and guidance to effectively navigate the changes to employment law. While these costs can be challenging, they can also be seen as an investment in the long-term health and success of the organisation. By creating a more supportive and fair work environment, businesses can enhance employee retention, reduce turnover, and improve overall productivity. 

Conclusion 

The Employment Rights Bill represents a significant shift in the landscape of UK employment law. Although the proposed measures within the Bill may present several challenges for organisations as they have to adapt to the new landscape of employment rights, many leading organisations already operate in excess of the provisions of the Bill. For those that don’t, the Bill presents an opportunity to focus on improving their organisational health through better employee engagement and wellbeing, and the creation of a more supportive and productive work environment.  

With the Bill facing considerable scrutiny in Parliament and a likely adjustment period for employees, it may be some time before organisations start to feel the effects of the Bill’s provisions. Ultimately, its success will depend on the ability of employers, employees and trade unions to work together to find mutually beneficial solutions. By striking the right balance, it is possible to achieve a healthier, more resilient, and more equitable workplace for all. 

As always, we’re here to support your journey. If you’re navigating the changes the Employment Rights Bill could bring, we’d love to discuss how we can help. Get in touch or check out our work in the Public Sector space.

Ken Earle

UK Central Government & Agencies Lead

[email protected]