The recent approval of the Employment Rights Bill marks a significant step forward in strengthening workers’ protections across the UK. The bill introduces key measures to enhance job security, workplace fairness, and employee well-being. However, while it offers notable improvements, certain provisions have been diluted or omitted, raising concerns from the Solidarity trade union, which welcomes progress but remains critical of areas where protections have been watered down or delayed.
Key Provisions of the Employment Rights Bill
- Guaranteed Hours for Zero-Hours Workers
The bill ensures that agency workers must be offered contracts reflecting their average hours over a 12-week reference period. This closes loopholes that previously allowed employers to exploit zero-hours contracts by switching workers to agency status. - Day-One Protection from Unfair Dismissal
Employees will now have the right to protection from unfair dismissal from their first day of employment, ending the two-year waiting period that has left many workers vulnerable. This is a crucial win for workers who were previously afraid to challenge poor conditions for fear of immediate dismissal. - Immediate Sick Pay Eligibility
All workers will be entitled to statutory sick pay (SSP) from the first day of absence, addressing a long-standing issue where low-paid workers were left without financial support when unwell. - Enhanced Trade Union Access
Trade unions will now have the right to access workplaces—both physically and digitally—to support and organise workers. Stronger protections are also in place to prevent employers from using unfair tactics to block union recognition efforts. - Establishment of a Fair Work Agency
A new state Fair Work Agency will bring together existing enforcement bodies to improve oversight and crack down on labour law violations, aiming for fairer conditions across industries.
Critical Perspectives and Areas of Concern
While the bill introduces several progressive measures, Solidarity trade union highlights areas where loopholes, delays, and missing protections remain:
- Sick Pay Levels Are Still Too Low
The government has set minimum sick pay at 80% of normal wages or SSP, whichever is lower. While this is better than the previously suggested 60%, it still means many workers will receive less than their usual income while off sick. A full review of sick pay rates is urgently needed. - Loopholes in Guaranteed Hours Contracts
The bill allows for collective agreements to modify guaranteed hours arrangements, which could lead to exploitation by employers. Without clear protections, there is a risk that workers will still face insecure scheduling and last-minute shift cancellations. - Employment Status Reforms Are Missing
The bill fails to clarify employment status definitions, leaving many gig economy and self-employed workers vulnerable to misclassification and denial of key protections. A clear, universal definition of ‘worker’ is needed to prevent abuse. - Restrictive Trade Union Laws Remain
Some positive changes have been made to industrial action laws, such as:- Strike notice periods reduced from 14 to 10 days
- Strike mandates now lasting 12 months instead of six
- Delayed Implementation of Electronic Balloting
The bill promises electronic balloting for industrial action but delays its implementation. This means unions must still rely on costly and bureaucratic postal ballots for the time being.
Conclusion
The Employment Rights Bill represents a long-overdue shift towards better protections for UK workers. Solidarity trade union welcomes these changes but calls for further action to strengthen sick pay, close loopholes in employment protections, and remove barriers to union organising.
Progress is being made—but workers cannot afford to stop fighting for the rights they deserve.
By Maria Camara
