General Election 2024: Potential Impacts on Workers’ Rights

With the General Election only a short time away, we need to consider the potential impacts on employees and how workers’ rights may change, depending on which government is voted into power.

Changes so far in 2024

In January 2024 we saw changes to TUPE law for employees, whereby the organisational exemption rule was widened to allow for more employees in smaller businesses to receive one-on-one consultations with their employer before a TUPE transfer, rather than receiving it through a representative.

You can read more about this in our Employee’s Guide to TUPE.

We saw further changes to employment law from 6^th April, relating to paternity leave, the statutory flexible working regime, unpaid leave for carers, and extra redundancy protections for pregnant employees or employees on family-related leave.

Our Head of Employment, Neha Thethi, explained these in her article here.

Following these, it’s interesting to consider any further changes that may come into play depending on the result of the impending general election.

Potential impact to workers’ rights under a Labour government

According to Labour’s manifesto, the party aims to administer approximately 60 changes to employment law concerning several areas that affect working people. We’ve summarised the key points below:

• Day One rights for both unfair dismissal claims and statutory sick pay;
• Simplifying the current employment status system, by removing the current distinction between employees and workers;
• A ban on zero-hour contracts;
• Ending fire and rehire practices;
• Extension of the time limits for bringing claims to the employment tribunals;
• A right for home workers to “switch off” out of hours;
• Removing the compensation cap.

Neha says: “I believe these changes will have a massive impact and will likely result in dismissals becoming more complex and expensive due to a potential increase in claims made to employment tribunals. It is worth thinking what the world of work may look like under a new government. Employers may wish to reflect on what impact the election process may have on the workplace.”

Potential impact to workers’ rights under a Conservative government

From within the 80-page manifesto provided by the Conservatives, we’ve pulled out the following key points in relation to employment law changes:

• Cut taxes for working people and support the self-employed (cut NI, abolish main NI rates for self-employed workers and avoid raising tax or VAT);
• Shifting sick note responsibilities from GPs to specialist health professionals;
• Updating the Equality Act with regard to definitions of biological sex;
• Increasing pay for working people to two thirds of median earnings;
• Encouraging small businesses to grow by retaining key tax incentives, to help improve on the number of job opportunities for working people.

Neha says: “The Conservative manifesto is notably light on specific employment law pledges. However, it appears that a Conservative government would almost certainly re-introduce employment tribunal fees, Ultimately, whatever the outcome of the election, it is clear that there will be plenty for employers to consider in terms of managing their workforce.”

Summarising thoughts

It’s clear both parties have included several key points in their manifestos as to how they’ll improve environments for working people. We’ve already seen the changes implemented under our current government with respect to unpaid leave for carers and redundancy protections, among others, but from our perspective what really matters is how employers treat their employees following any changes made by the government following the election.

We help many employees navigate difficult disputes with their employers. We provide legal advice and support to working people who may have been treated unfairly, wrongfully dismissed from their job, unlawfully discriminated against, or who may be leaving their role and are trying to negotiate an appropriate settlement agreement with their employer. Whatever changes are made from whichever governing party in the next few months, one key aim for us is to continue providing that unwavering support for employees who need our help.

Some of the potential employment law changes mentioned may well improve things for many workers, but that doesn’t mean employment disputes will come to an end. That’s where our team can help.