Trade Union rights – various new rights including a new duty on employers to inform workers of their right to join a trade union and require employers to: 

• include information about the right to join a trade union in a written statement 

• regularly inform workers of their right to join a trade union 

 

Unfair dismissal - will remove the two-year unfair dismissal qualifying period and replace it with a new statutory probationary period, referred to as the ‘initial period of employment’ which is likely to be nine months. 

 

Sick Pay - remove the waiting period so Statutory Sick Pay (SSP) is paid from day one of sickness absence (rather than day four) 

Introduce a new rate for Statutory Sick Pay for low earners, including all those earning below the Lower Earnings Limit (£125 per week £542 per month £6,500 per year). 

 

Fire and Rehire Restrictions - where employees are dismissed for failing to agree to a variation in their terms of employment. Those dismissals will be treated as automatically unfair. There will be a narrow exception if the employer can show evidence of financial difficulties that would mean the business could not carry on without varying the contractual terms. 

 

Companies need to ensure that no employee or job applicant receives less favourable facilities or treatment on grounds of sex, disability, race, colour, nationality, ethnic origin, national origins, religion or belief, age, gender reassignment, pregnancy, maternity, sexual orientation, or someone is married or in a civil partnership or are placed at a disadvantage by imposed conditions, requirements or practices which cannot be shown to be justified. These are known as "protected characteristics". 

 

In addition, businesses should avoid unlawful discrimination in all aspects of employment including recruitment, promotion, opportunities for training, pay and benefits, discipline and selection for redundancy. Candidates for employment or promotion should be assessed objectively against the requirements for the job, taking account of any reasonable adjustments that may be required for candidates with a disability. 

 

To help further it is important to understand and consider the definitions of unlawful discrimination: