What the New Employment Rights Bill Means for Horsham Businesses

Key Takeaways for Sussex Employers

The Labour government's Employment Rights Bill represents the most significant shake-up of UK employment law in years, with major implications for businesses across Horsham and West Sussex. While most changes won't take effect until late 2026, companies need to prepare now to ensure compliance and avoid potentially costly penalties.

This article breaks down what Horsham business owners need to know about the upcoming changes and outlines practical steps to take today.

The Big Picture: What's Changing and When?

First, let's address the timing. Despite the Bill being introduced in October 2024, nothing has changed yet in employment law. Most provisions will come into effect towards the end of 2026, following consultations with business groups.

Here are the headline changes Sussex employers need to prepare for:

1. Day One Unfair Dismissal Rights

Currently, employees need two years' service before they can claim unfair dismissal. Under the new Bill:

• Unfair dismissal protection will apply from day one of employment
• There will be a "light touch" procedure for dismissals during the first 12 months (9-month initial period plus 3 months)
• This lighter procedure will apply to performance and conduct dismissals, but not redundancy

2. The New Fair Work Agency

A new employment law enforcement body will be created with powers to:

• Investigate employers for non-compliance with employment rights
• Issue warnings and financial penalties
• Seize documents in serious cases
• Bring tribunal proceedings on behalf of workers
• Provide legal assistance to employees
• Recover enforcement costs from employers

3. Fire and Rehire Restrictions

The practice of terminating contracts to re-engage staff on less favourable terms will be severely restricted:

• Dismissing an employee for refusing a revised contract will become automatically unfair
• Protective awards for non-compliance could double from 90 to 180 days' actual pay
• Limited defence only if the business would otherwise fail

4. Trade Union Reform

Union recognition will become easier under the new rules:

• Unions will have the right to enter workplaces during working hours
• Employers must give new employees written statements about their right to join a union
• Recognition thresholds will be lowered
• Strike ballots will no longer require 50% of eligible members to vote

5. Flexible Working

While already a day one right, the Bill introduces new requirements:

• Employers must demonstrate that refusals of flexible working are "reasonable"
• Employers with over 250 staff will need equality action plans
• Larger employers will need to create menopause action plans

6. Enhanced Harassment Protection

Building on the Worker Protection Act 2023:

• Employers will need to take "all reasonable steps" to prevent sexual harassment
• Non-disclosure agreements related to harassment will become void
• Sexual harassment complaints could become qualifying disclosures for whistleblowing
• Employers will become liable for third-party harassment (e.g. from customers or suppliers)

7. Other Significant Changes

• Parental leave will become a day one right (though still unpaid)
• Paternity leave will be a day one right
• Tribunal time limits will extend from 3 to 6 months
• Collective redundancy consultation rules may change
• Increased penalties for getting redundancy processes wrong

What Horsham Businesses Need to Do Now?

While the changes won't take effect immediately, there are practical steps Sussex employers should take now to prepare:

1. Update Your Contracts

If you have outdated terms that need changing, do it now before the "fire and rehire" restrictions make this virtually impossible. Review contracts for:

• Outdated bonus schemes
• Company car arrangements
• Working hours structures
• Any terms that may need updating in the next few years

2. Develop Probation Procedures

Create formal probation dismissal processes that will satisfy the upcoming "light touch" requirements:

• Document performance or conduct issues during probation
• Implement probation review meetings with clear documentation
• Train managers on proper probation management
• Prepare templates for giving written reasons for probation dismissals

3. Audit Your Pay Practices

With the Fair Work Agency gaining powers to investigate:

• Review holiday pay calculations (a common area of non-compliance)
• Ensure all National Minimum Wage regulations are being followed
• Double-check sick pay and working time compliance

4. Strengthen Anti-Harassment Measures

Prepare to meet the "all reasonable steps" standard:

• Review and refresh harassment policies with clear examples
• Conduct and document regular staff training
• Implement reporting procedures and publicise them
• Consider staff surveys to proactively identify issues
• Develop anti-harassment policies for clients and suppliers

5. Prepare for Union Engagement

With easier union recognition on the horizon:

• Review your approach to employee relations
• Prepare for potential union access to your workplace
• Consider how you would handle recognition requests

The Bottom Line for West Sussex Employers

These employment law changes represent a significant shift toward greater worker protection and will require Horsham & West Sussex businesses to adapt their HR practices. While most provisions won't take effect until late 2026, the time to prepare is now.

By taking proactive steps, local businesses can avoid potential penalties and ensure a smooth transition when the new rules come into force.

Disclaimer

This guide is for informational purposes only and does not constitute legal advice. Always consult with a qualified legal professional for specific guidance.

Navigating employment law might seem daunting, but with the right approach, you can manage your team effectively, legally, and (relatively) stress-free. Keep learning, stay informed, and don't be afraid to ask for help when you need it!

Need some help? 

Reach out to Steve at Encourager HR here, your local West Sussex HR Consultant based in Horsham.

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