Day one Employment rights to claim unfair dismissal...really?

The new Government is proposing to change the law so that certain rights arise from the start of employment as opposed to needing a qualifying period of employment

Shaun Pinchbeck pulls no punches in his views on the matter …and tennis!

The 1^st issue - where is this desire evidenced?

It is not in the King’s Speech albeit this proposal is noted in Labour’s “new deal” . In the King's Speech the government refer to setting up an Industrial Strategy Council, but to say it is light on detail would be an understatement; there is no detail at all. I have no idea how it will be set up nor what its powers will be.

The King’s Speech also refers to a “new deal for working people“ and “enhancing employment rights“. In that respect, some details can be found in Labour’s “New Deal for Working People“. Unfortunately, this document is, in my view, a 23-page car crash of vague and unsubstantiated criticisms of the last Government, meaningless platitudes and promises and perhaps most worrying of all, glaring inaccuracies.

what are the new proposed “day one rights”?

The document states:

“Our New Deal will include basic individual rights from day one for all workers, ending the current arbitrary system that leaves workers waiting up to two years to access basic rights of protection against unfair dismissal, parental leave and sick pay.“

It is true that, other than in some very specific situations e.g. a dismissal for a reason connected with pregnancy, employees cannot claim unfair dismissal unless they have accrued two years of continuous employment.

But where does Labour get the idea from that the right to parental leave and sick pay only arise after two years?

There is no explanation for this.

When will Labour implement this “day one right” to claim unfair dismissal?

The document states:

“We will hit the ground running and introduce legislation within 100 days of entering government. We will consult fully with businesses, workers and civil society on how to put our plans into practice before legislation is passed”

The UK has 5.6 million businesses. ,If the Government consulted with a mere 0.01% of them, that is 560 businesses. The document does not make clear what it means by 'workers'.

The term “worker” already has a much-explored and litigated statutory legal definition, but there would not appear, to me, to be a logical reason for the Government to consult with workers as defined but not with employees. I assume therefore that the reference to workers is to “people who work”, of whom the UK has approximately 33 million.

If the Government consulted with a mere 0.01 of them, that would be 3,300 people. The idea that in less than 100 days from July 4^th, the Government will have consulted fully with businesses and workers on how to put their plans into practice before legislating is, again in my view, simply bonkers. And, of course, the Government also has to find time to consult with “civil society“ (which it does not define or even attempt to explain).

See what I mean about meaningless platitudes and promises?

There are a number of doubts and questions on this proposal: -

1. In any event, how full would a consultation be if the Government has already decided what it is going to do?
   
   
2. What if businesses were to tell the Government that giving increased rights from day one will hamper their willingness to employ more people and have a detrimental effect on the Government’s main pre-election promise, namely to grow the economy ?
   
   
3. Will the Government just plough on regardless?
   
   
4. Is it really going to add substantially to the burden of an Employment Tribunal system already creaking under the current workload?

Do I believe the Government will do what the document says, i.e. that following full consultation, it will, by October 12^th, have introduced legislation to give the right to claim unfair dismissal for all workers from Day One?

Frankly, in my view, I would rate it about as likely (that this proposal will be fully implemented) as me beating Novak Djokovic in the Wimbledon Final in 2025.