The government has announced a comprehensive overhaul of employment law in what it is calling the biggest upgrade to workers’ rights in a generation.
Solicitors and LLB (Hons) Law lecturers Giles Gater and Natasha Thomas have provided feedback on the range of proposals and support the introduction of new rights that employees are entitled to from their first day of work. However, they emphasise the need to protect both employees and employers.
Giles said: “UK unemployment is a huge problem for the individuals involved and the economy at large. We welcome changes that will help people back into work. In particular, we are keen to see and support protection from unfair dismissal and basic rights from day one of employment. These include flexible working along with both parental and bereavement leave which we argue are the bare minimum that we should expect from employers.
“Equally, it is important to balance the needs of employees against the needs of employers who, through their efforts and risk taking, create job opportunities for us all. Overburdening companies could lead to adverse outcomes, including discouraging international investment and economic growth.”
Their feedback highlights that stability in the labour market and skills retention are key benefits for the UK economy.
Natasha explained: “We expect that most of the reforms will support economic growth, encourage international investment and support worker security whilst raising living standards but to ensure that these benefits are met, reforms must be balanced. In turn, we believe that this will have a positive effect on workers’ mental health which should be at the forefront of these changes as this benefits employees and employers.
“By giving employees security of income, their ability to financially plan and borrow should be greatly improved. This should allow them to invest in their own position, the wider economy, and reduce anxiety around managing outgoings.”
However, they advise that it could negatively impact investment rates and start-up rates, if the statutory probationary period for workers is not set at the correct period.
“The ability to quickly and cost effectively dismiss employees early on effectively gives employers a cooling off period by which to assess the value of their new workers. This is essential to supporting employers who may want to take hire risks to reach for growth. In turn, this should lead to more employment opportunities and a healthy economy,” Giles commented.
“We would propose a three to six month probationary period to protect investor and employer confidence whilst affording employees improved work security. The current system allows for a two year period which in our view discourages employment and leaves employees vulnerable to bad practice.”
The academics also raise concerns that retaining the current three month time limit for complaints to be made by employees to employment tribunals continues to hinder access to justice for individuals, especially those needing pro bono legal support from services like the University’s free legal advice clinic.
Natasha said: “People with limited knowledge of the law and its procedures or with more limited financial means may need to rely on pro bono legal advice services, like the clinic provided by the University of Staffordshire. Due to high demand for pro bono services, waiting times at these free legal advice clinics can be long.
“Despite the intention being that individuals are able to access the Employment Tribunal without legal assistance, in reality, people are hesitant to do so. This could compound existing challenges to access to justice and result in an erosion of faith in the justice system.”
Giles added: “Through the work of our expert teams at the University of Staffordshire we continue to push for greater protections for employees and employers and for improved access to justice. In this way, we seek to ensure that the approach to legislation and the legal system is fair and just. University of Staffordshire will continue to push for more economic growth and equitable approaches to new laws to encourage fair policies that support all parties and the country as a whole.”