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3 Key Employment Law Updates from the Proposed Employment Rights Bill
Adrian Fryer
The UK’s employment landscape is undergoing a significant shift, with the proposed Employment Rights Bill introducing sweeping reforms that could redefine workplace rights and responsibilities. This article summarises 3 key updates every employer and employee should know.
- NDAs and Harassment: Silence Is No Longer Golden
A proposed clause in the Bill could render non-disclosure agreements (NDAs) void if they attempt to silence victims of workplace harassment or discrimination. This means employees will be free to speak out, even after leaving a role, without fear of legal repercussions. Employers should review contracts and settlement agreements to avoid reputational and legal risks.
Read the full article on NDA’s here: Bermans A new era for workplace NDAs: Harassment and Discrimination cannot be silenced | Bermans
- Fire and Rehire: A Softer, Yet Stricter Approach
Clause 26 originally sought to ban dismissals linked to contract changes. However, proposed amendments now allow for “restricted variations” (e.g. pay, hours, pensions) to be grounds for dismissal only in cases of serious financial distress. Employers must tread carefully, as failure to meet strict criteria could lead to automatic unfair dismissal claims.
Read the full ‘Fire and Rehire’ article here: Bermans A softer touch on ‘Fire and Rehire’? A proposal to ease clause 26 in the Employment Rights Bill | Bermans
- Day-One Protection from Unfair Dismissal
Currently, employees need two years of service to claim unfair dismissal. The Bill proposes making this a ‘day one’ right, with a potential nine-month ‘initial period’ allowing for simpler dismissal procedures. This could significantly impact recruitment and probation strategies, offering employees greater job security from the outset.
Read the full ‘Day One Protection’ article here: Bermans Day one protection from unfair dismissal: What the new Employment Rights Bill could mean for you | Bermans
Final thoughts
The Employment Rights Bill signals a bold move toward transparency, fairness, and accountability in the workplace. Whether you’re an HR professional, business owner, or employee, staying informed and proactive is essential.
Contact Bermans Head of Employment Adrian Fryer: Bermans Adrian Fryer | Bermans