Following the Labour party’s election on July 5, 2024, there are several significant changes to employment law that may apply to you as either a self-employed carer, or someone who hires care via direct payments.
Here’s a summary of the key proposals that could reshape the employment landscape in the UK and that you should be aware of.
Ban on Exploitative Zero-Hours Contracts
The new government have said that they plan to address the issues associated with zero-hours contracts by ensuring workers receive contracts reflecting the hours they regularly work.
This will be based on a 12-week reference period, coupled with mandatory reasonable notice for shift changes and compensation for last-minute alterations.
Unfair Dismissal Protections from Day One
Currently, workers must be employed for two years to claim unfair dismissal unless it involves discrimination or other automatically unfair reasons.
The Labour government have pledged to make unfair dismissal protections a day-one right, although probation periods will likely still be permitted.
Revisions to Fire and Rehire Practices
A strengthened code of practice on fire and rehire is expected, requiring consultation and agreement for any changes to employment terms, which could extend the process for employers.
Single Worker Status
The government proposes consolidating the current categories of “employed,” “worker,” and “self-employed” into a single worker status, potentially simplifying protections and rights across different employment types.
Enhanced Protections for the Self-Employed
The Labour government seeks to extend various rights to self-employed individuals, including the right to a written contract, actions against late payments, enhanced health and safety protections, and anti-blacklisting measures. Trade unions will also be empowered to support self-employed workers more effectively.
If you are a self-employed carer, we would recommend following any updates on this area as it is likely to affect you (hopefully in a positive way).
Expanded Family-Friendly Rights
Parental leave is set to become a day-one right, removing the current service requirements. Additionally, the government plans to introduce more extensive bereavement leave rights, beyond the current provision limited to the loss of a child.
Flexible Working as the Default
Flexible working may become the default from the first day of employment, reversing the current requirement for employees to request such arrangements formally.
This is likely to have come from the drastic changes in working norms following the COVID-19 pandemic, which saw a huge shift towards flexible and remote working. As a carer, this is unlikely to affect you unless you work in more of an administrative role.
Sick Pay Reforms
Statutory Sick Pay (SSP) will be available from day one of employment, removing the current earnings threshold and the requirement to be off sick for more than three days.
Extended Time frame for Employment Claims
The time limit for bringing claims to an Employment Tribunal could be extended from three to six months, providing workers with more time to seek legal remedies.
Collective Grievances
The introduction of collective grievance rights is being considered, allowing groups of workers to collectively bring complaints to ACAS – the workplace expert for England, Wales and Scotland.
These proposals reflect a significant shift towards strengthening worker rights and protections under the new Labour government, with many changes aimed at improving job security, fairness, and work-life balance for employees across the UK. However, whether the changes go ahead and to what degree remains to be seen.
As the new government settles into their term, all employed individuals will need to watch closely to see what changes are brought in and how it affects you.