Holiday Pay in the UK: What Employers and Employees Need to Know

When it comes to employment rights in the UK, holiday pay remains one of the most misunderstood, and litigated, areas of the law, and it’s important for both employers and employees to stay informed.

How Holiday Pay Works:

Under the Working Time Regulations 1998, most workers in the UK are entitled to a minimum of 5.6 weeks’ paid holiday pay year. This works out to:

  • 28 days for someone working a five-day week
  • This can include bank holidays, depending on the employment contract (and indeed it is common for most “office-based” jobs to include such a clause). 

Holiday pay should reflect what a worker would normally earn if they were at work. That’s where it starts to get complicated.

What Should Be Included in Holiday Pay:

Holiday pay was often based solely on basic pay, but court decisions in recent years have made it clear that regular additional pay elements must also be included. These may include:

  • Regular overtime (even if it’s not guaranteed)
  • Commission payments
  • Shift allowances
  • Bonuses that are intrinsically linked to the job

If these payments form a normal part of a worker’s earnings, they should be reflected in their holiday pay.

The thinking on this is simply; holiday pay should not be less than normal pay as otherwise an employee or worker would be disincentivised from taking the full entitlement as they would be financially worse off.

Recent Changes: Rolled-Up Holiday Pay and Calculations:

In 2024, the UK government confirmed that rolled-up holiday pay is now permitted for people who work part-year and irregular hours. This means employers can pay an enhanced hourly rate that includes holiday pay that includes holiday pay, but only if it’s clearly stated and itemised on the payslip. This is a positive change for sectors like hospitality and education, where hours can fluctuate.

Employers should now use a 52-week reference period to calculate average pay for workers with variable hours, replacing the old 12-week period. This gives a more accurate reflection of average earnings and prevents “holiday windfalls” or underpayments.

Key Risks for Employers:

Failing to get holiday pay right can lead to:

  • Employment tribunal claims
  • Backdated pay for up to 2 years
  • Penalties and reputational damage

Tips for Employers:

  • Review contracts and pay practices to ensure they reflect recent case law
  • Make sure holiday pay includes regular extras like overtime and commission
  • Be transparent – itemise rolled-up holiday pay clearly on payslips
  • Use software or payroll systems that support accurate tracking and calculations

Employee Rights:

If you’re unsure whether you’re receiving the correct holiday pay, check:

  • Your contract and payslips
  • Whether any regular bonuses or overtime are being included
  • How your employer calculates your average pay

If something seems off, consider raising it informally first or seeking advice from an experienced employment solicitor.

Getting holiday pay right isn’t just about legal compliance – it’s about building trust and fairness into your workplace culture. With clearer rules now in place, employers have a real opportunity to simplify their processes and avoid costly mistakes.   

A comprehensive holiday policy is always advisable in this respect so that all parties know what to expect, when and how to request holiday, rules regarding carry -over as well as how it is calculated.

For employees, understanding how holiday pay should be calculated is a key part of asserting your rights and making sure you’re being treated fairly.

If you need legal advice on holiday pay, contact our experienced employment solicitor Ilinca Mardarescu on imardarescu@astonbond.co.uk or call the office to make an appointment on 01753 486 777.

Don’t Put All Your Eggs in the First Basket: Choosing the Right Conveyancer in Slough

Spring has sprung, and the daffodils are dancing. But while you’re busy filling your Easter basket, it’s also a good time to think about something just as important—where you’re putting your trust when buying or selling a home.

Whether you’re cracking into your first property or looking to sell, choosing the right conveyancer in Slough can make the whole process smooth.

So, before you hop into a commitment, here are some egg-cellent tips to help you choose the right conveyancer this Easter.

1. Don’t Put All Your Eggs in the First Basket

Just like you wouldn’t rely on one chocolate egg to get you through Easter Sunday, don’t settle for the first conveyancer you come across. Take the time to shop around. Look for experienced, well-reviewed professionals who know Slough, and Berkshire, like the back of their hand

Ask friends, family, and estate agents for recommendations—but do your own research too. Remember, every nest is different.

2. Look for Local Know-How

Slough may not be the Shire, but it has its quirks, property hotspots, and council-specific processes. A local conveyancer will be familiar with the unique details of the area, giving you a golden egg of insight that a generic national firm might miss.

Pro tip: If they’ve dealt with properties on your street or nearby, that’s a big bonus.

3. Beware of Easter Egg Pricing

Cheap quotes can be tempting but dig a little deeper—some conveyancers advertise low prices, only to scramble up extra charges later. Make sure your quote includes everything: searches, bank transfer fees, stamp duty handling, and other legal bits.

Aston Bond’s solicitors offer accurate, transparent quotes—no hidden yolks.

4. Communication is Key (No Bunny Business)

During the buying or selling process, you’re going to have questions. Possibly lots of them. Choose a conveyancer who communicates clearly, responds promptly, and explains things in plain English—not legalese that makes your ears droop.

Our Conveyancing team at Aston Bond Law Firm aim to make the process as stress-free as possible, providing you with journey maps, frequent communication, and even creating a Conveyancing Glossary to guide you through your property transaction with confidence.

5. Reviews Are the Golden Eggs

In today’s digital age, a good reputation is worth its weight in chocolate. Check online reviews, testimonials, and ratings. What are other buyers in Slough saying about their experience?

One or two cracked eggs in the basket? That’s normal. But if you see a pattern of poor service, it might be time to hop away.

Our Reviews

“Thank you, Chris and Natasha, for handling this lease extension. Chris, your communication showed me you were always on top of the whole situation and for that I am very grateful. You were highly recommended to me and provided an excellent service. Thank you.”

“Chris and his team are highly approachable. They have an excellent wealth of knowledge to help with queries and they also responded swiftly.”

“Had a great experience working with Chris Tierney and Nicola Darby. Great communication and handling of the case. They helped make a complex process simple.”

Choose Wisely, Hop Happily

Buying or selling a home is one of life’s big milestones—don’t leave it to chance. The right conveyancer will make sure everything runs smoothly, legally, and on time. So, while you’re hunting for eggs this Easter, make sure you’re also hunting for a conveyancer in Slough you can trust.

For a quick consultation, call 01753 486 777 to speak to our accomplished Conveyancing team. 

Here’s to finding a home—and a legal partner—that’s the perfect fit for your nest.

Understanding the Revised Vento Bands for 2025/2026

Effective from 6 April 2025, the Employment Tribunals has updated the Vento bands.

Vento bands are guidelines used by Employment Tribunals in the UK to determine the amount of compensation awarded for “injury to feelings” (such as humiliation and anxiety) in cases involving unlawful discrimination under the Equality Act 2010.

Vento bands are so called after a landmark case of Vento v Chief Constable of West Yorkshire Police which was decided in 2002.  The case established a framework for calculating an injury to feelings award which has standardised compensatory awards since.

These adjustments (which happen every year) aim to provide fair compensation aligned with current economic conditions.

The Updated Vento Bands:

  1. Lower Band (£1,200 to £12,100): Less serious cases.
  2. Middle Band (£12,100 to £36,400): Cases between less and more serious.
  • Upper Band (£36,400 to £60,700): Serious cases.

These bands replace the previous ranges, which were lower, and will be reviewed annually to ensure they remain consistent with inflation and societal standards. ​

Implications for Employers:

With Vento Bands rising, employers are now at a higher risk of financial liabilities if found guilty of discrimination or harassment.

  • HR teams must ensure that managers and staff understand what discriminatory behaviour means and how to appropriately handle complaints.
  • Employers should proactively improve workplace culture and training programmes, as well as regularly review and update anti-discrimination policies.

Implications for Employees:

With clear and increased compensation guidelines, employees might feel more empowered to report discrimination or harassment.

The 2025/2026 updates to the Vento bands underscore the importance of staying informed about legislative developments that affect workplace rights and obligations. Both employers and employees should proactively engage with these changes to foster fair and compliant employment practices.

For any further guidance, don’t hesitate to contact our skilled Employment Solicitor Ilinca Mardarescu on imardarescu@astonbond.co.uk.

Easter Surprises: How to Avoid Family Disputes Over Your Estate

As we embrace the season of renewal and reflection, it’s a perfect time to consider how we can leave a legacy for our families. While we often think of spring as a time for new growth, it’s also an ideal opportunity to review something just as important: our estate planning.

For many, the topic of inheritance and the distribution of your estate is not something you want to dwell on. However, failing to plan properly can cause unnecessary disputes among family members after your passing. In the spirit of new beginnings this Easter, let’s explore how you can ensure your wishes are honoured and your loved ones are protected, avoiding any conflict over your estate.

Make a Valid Will

A well-drafted Will is the foundation of any good estate plan. Without a Will, the intestacy rules will determine what happens with your estate, which may not align with your wishes. The absence of a Will could also open the door for potential disputes, especially when family members may feel overlooked or aggrieved by the distribution. By making sure your Will is legally valid and reflects your wishes, you provide clarity for your loved ones and reduce the chances of disagreement.

Review and Update Your Will Regularly

Marriages, divorces, births, and deaths can all impact your estate planning. A Will that was created many years ago might not consider current circumstances, which could lead to unintended consequences. For example, if you’ve recently remarried or had children from a previous relationship, you’ll want to ensure that all your loved ones are provided for appropriately. A spring clean of your Will ensures that it continues to reflect your true intentions and avoid any surprises down the road.

Consider a Trust to Manage Your Assets

A Trust can be an excellent tool for ensuring your estate is managed according to your wishes. It allows for a more structured approach to distributing your assets, which can be especially useful if you have complex assets or want to delay inheritance for minor children. Trusts also help to protect assets from potential claims by family members who may dispute your Will. By providing clear instructions within a Trust, you create a level of certainty for your beneficiaries and reduce the potential for family conflicts.

Communicate Your Wishes Clearly

One of the best ways to prevent family disputes is to communicate your intentions clearly. Let your loved ones know what you’ve put in place, whether it’s your Will, a Trust, or any other specific arrangements. This is particularly important if you’re making unconventional decisions, such as disinheriting a family member or leaving unequal portions of your estate to your children. Having open and honest discussions can help to prevent feelings of betrayal or confusion after your passing.

It’s also a good idea to involve a trusted professional, such as a solicitor, to explain your plans and help you navigate sensitive conversations. Aston Bond has a highly experienced private client team who can provide reassurance and act as an objective voice in case emotions run high.

Appoint the Right Executors and Trustees

Your choice of Executors and Trustees can have a significant impact on the smooth administration of your estate. Executors are responsible for carrying out the instructions in your Will, and Trustees manage any Trusts you set up. Choose people you trust to act fairly and impartially. It’s often a good idea to appoint more than one person, particularly if you want to avoid any conflicts of interest or if your family dynamics are complex.

Consider professional Executors or Trustees if you feel family members may struggle to manage the responsibilities, or if you have a particularly large or complicated estate. This can ensure that the process is carried out objectively and efficiently, minimising the potential for disagreements.

Be Mindful of Potential Inheritance Claims

In some cases, even a well-drafted Will can be challenged. Under the Inheritance (Provision for Family and Dependants) Act 1975, certain individuals, such as spouses, children, and dependants, may have the right to claim against your estate if they believe they haven’t been adequately provided for.

While it’s impossible to predict every potential claim, there are ways to reduce the likelihood of disputes. For instance, if you choose not to leave anything to a family member or feel that a certain person may not be entitled to part of your estate, it’s important to document your reasons clearly. This can help to demonstrate that your decisions were made thoughtfully and intentionally.

Plan for the Unexpected: Powers of Attorney and Advance Directives

Estate planning isn’t just about what happens after you pass away. It’s also about what happens if you’re unable to make decisions for yourself during your lifetime. Powers of Attorney allow you to appoint someone to make decisions on your behalf if you become incapacitated. There are two types: one for health and welfare decisions, and one for property and financial matters.

Having these legal documents in place helps to prevent confusion or disagreements among family members about who should make important decisions if you are unable to do so yourself. This can be particularly important if family members disagree about your care or financial management during a time of illness.

Consider Your Digital Legacy

In today’s increasingly digital world, it’s important to consider how your digital assets will be managed after your death. Including these assets in your estate planning, along with instructions for managing them, can prevent confusion and potential disputes. Make sure that your family members have access to necessary login details or appoint someone to handle these matters for you.

The peace of mind that comes from knowing your wishes will be carried out, and that your loved ones will be cared for, is a gift that lasts long after Easter’s blooms have faded. So, take the first step today toward securing your future and protecting your family from potential disputes over your estate.

Don’t hesitate to contact Aston Bond’s expert private client solicitor Lara Thomas on lthomas@astonbond.co.uk, and our skilled paralegal Stacey Clark on sclark@astonbond.co.uk

Spring into Your New Home: Market Trends & Legal Tips for a Smooth Eastertime Move

As the daffodils bloom and the days grow longer, the UK housing market traditionally springs into action. Spring is one of the busiest times of the year for homebuyers and sellers alike—and if you’re thinking about making a move, now is the perfect time to quack on with it.

Whether you’re a first-time buyer or looking to upgrade your nest, here’s a look at what’s trending this spring and how to navigate the legal side of buying a home smoothly and stress-free.

Spring Market Trends: Why Now’s the Time to Buy

Increased Inventory, More Choice
Sellers tend to list their homes in spring, hoping to move before summer holidays. That means more properties on the market and more options for buyers. You’re more likely to find your ideal home without having to compromise too much.

Homes Show Better in Spring
Houses look their best when bathed in natural light and surrounded by blooming gardens. A property’s kerb appeal can have a strong influence on your decision, and you’ll be seeing it at its most flattering.

Quicker Transactions
With motivated buyers and sellers, and everyone eager to complete before the summer slowdown, transactions often move more swiftly in spring. But this is only true if the legal process is handled efficiently.

Legal Tips for a Smooth Springtime Move

Buying a home isn’t just about falling in love with a cute cottage or stylish flat—it’s a legal transaction that needs care and attention. Here are some tips to keep your conveyancing process as fresh as a spring breeze:

Get Your Legal Ducks in a Row Early

Before making an offer, instruct an experienced conveyancer. Having legal representation in place early can help speed things up once your offer is accepted. Aston Bond has a highly skilled conveyancing team, who are able to streamline and simplify the legal process to leave you 100% stress-free.

Don’t Skip the Survey
Spring sunshine can hide a multitude of issues. Make sure you instruct a professional survey to uncover any potential problems—especially with older properties.

  1. Watch Out for Garden Boundaries
    With gardens in full bloom, it’s easier to spot fences, hedges, and any trespassing. Make sure your solicitor checks that all boundaries are properly documented in the Land Registry.
  2. Understand Any Covenants or Restrictions
    Planning to extend or renovate your new home? Your conveyancer should review any restrictive covenants on the property that could limit what you can do.
  3. Be Ready for the Chain Game
    Spring sales often involve property chains. Ensure your solicitor communicates clearly and regularly with other parties to avoid delays.

Easter Bonus Tip: Check for Seasonal Delays

Remember, Easter Bank Holidays can cause a small slowdown in the conveyancing process. If you’re hoping to exchange contracts or complete around Easter, plan accordingly—and always ask your solicitor to double-check proposed dates for clashes.

Spring is a season of fresh starts—and what better way to celebrate than by finding your dream home? With more properties on the market, longer daylight hours for viewings, and the joy of a blossoming garden, now’s the time to hop into action. Just remember while the market may be moving fast, a well-handled legal process is key to avoiding any nasty surprises in your Easter basket.

If you’re ready to buy or sell this spring, our conveyancing team is here to help guide you every step of the way. Call us today on 01753 486 777.

Happy Easter and happy house hunting!

Understanding Employee Privacy Rights in the UK

Employee privacy rights in the UK are protected under different laws and regulations, ensuring a fair balance between workplace monitoring and individual privacy. Employers must navigate these regulations carefully to maintain compliance and create a respectful work environment.

Key Privacy Protections

General Data Protection Regulation (GDPR) & Data Protection Act 2018
Employees have the right to know how their personal data is collected, stored, and processed. Employers must obtain explicit consent before processing sensitive information and ensure strong data security measures.

Monitoring in the Workplace
Employers can monitor communications, internet usage, and activities, but this must be justified, proportionate, and communicated clearly to employees. Covert monitoring is only permitted in exceptional circumstances, such as preventing criminal activity.

CCTV and Workplace Surveillance
The use of CCTV in the workplace should be necessary, proportionate, and clearly communicated. Employees must be informed about its purpose, and footage should be stored securely.

Email and Internet Use
While companies may implement policies on acceptable internet and email usage, they cannot access personal communications without valid reasons. A transparent IT policy should be in place outlining expectations and monitoring procedures.

Employee Medical and Personal Data
Employers must handle health records with strict confidentiality and only process them when necessary for workplace health and safety. Employees have the right to access and request corrections to their data.

Best Practices for Employers

  • Clearly communicate data collection and monitoring policies.
  • Ensure transparency and obtain necessary consents.
  • Implement strong security measures to protect employee data.
  • Regularly review privacy policies to align with legal updates.

By understanding and respecting employee privacy rights, businesses can foster trust, ensure legal compliance, and create a fairer workplace for all. For further advice, don’t hesitate to contact our experienced employment solicitor on imardarescu@astonbond.co.uk.

Unfair Dismissal: Hewston v Ofsted.

In a judgement delivered on the 14th of March 2025, the Court of Appeal agreed with the Employment Appeals Tribunal that an Ofsted inspector was unfairly dismissed after brushing water of a child’s head during a school inspection.

In doing so, they restated important principles applying to conduct dismissals. These are important for both employers and employees alike when considering a case of potential misconduct and unfair dismissal.

1: Would an employee reasonably regard an action as misconduct?

Examples of gross misconduct are normally listed in disciplinary policies, though since these lists are not exhaustive, an employer may dismiss an employee for an action not listed.

However, in such cases, it should be considered whether the employee could have reasonably regarded their behaviour to amount to misconduct.

In the case of Hewston, the Claimant argued that there was a lack of disciplinary rules clarifying that his conduct would lead to dismissal, an argument accepted by the Court of Appeal.

2: How does an employee’s failure to reflect on their actions relate to unfair dismissal?

The dismissal letter sent to the Claimant states his ‘concerning lack of contrition’ as the reason the Claimant’s arguments could not affect the outcome of the hearing.

However, bearing in mind the dynamics of a particular situation, an individual’s temperament, and the stress of a disciplinary hearing, Underhill LJ stated that, as a general proposition, it is difficult to see how this could be enough to ‘bump up’ the seriousness of conduct.

In other words, the conduct in of itself should amount to misconduct, regardless of whether they reflected on their conduct or showed contrition.

This was particularly true where the Claimant’s conduct is not of a kind to imply ‘a real risk of serious misconduct in the future.’

3: Dismissal for misconduct based on loss of trust and confidence in an employee, or the risk of reputational harm.

Loss of trust and confidence, and the risk of reputational harm were recognised as relevant factors, but by themselves are not sufficient to justify dismissal.

This was recognised by the Court of Appeal in Hewston, who described the Employment Tribunal’s references to trust and confidence as ‘possibly misleading’ in the context of dismissal for misconduct. The reason being loss of trust and confidence cannot justify dismissal for misconduct in of itself.

The same is true for the risk of reputational harm: though a significant factor, it ‘cannot be a stand-alone basis’ for a disciplinary decision.

4: Employees’ need to be provided with all relevant documents.

The Claimant questioned the fairness of the dismissal procedure, claiming that he had been shown neither the complaint from the school nor the incident report recording the pupil’s complaint.

This was accepted by the Employment Appeals Tribunal and Court of Appeal, with the Court of Appeal’s judgement re-iterating that employees should be provided with copies of all documents relevant to anything in dispute in the disciplinary process before any decision is reached.

The Risks of Using an Unregulated Will Writer in the UK

When planning for the future, ensuring your assets are passed on according to your wishes is essential. A well-drafted Will provides peace of mind that your loved ones will be taken care of and that your estate is handled correctly. However, the rise of unregulated Will writers in the UK has introduced significant risks that can jeopardise the validity and execution of your will.

What is an Unregulated Will Writer?

Unlike solicitors, who are regulated by the Solicitors Regulation Authority (SRA), many Will writers operate without any legal oversight. These individuals or companies offer Will-writing services without the same level of legal training, client protection, or professional accountability.

The Risks of Using an Unregulated Will Writer

Lack of Legal Knowledge and Expertise

Writing a Will involves more than just listing your assets and naming beneficiaries. It requires an understanding of complex legal principles, such as Inheritance Tax laws, Trusts, and Estate Planning. Unregulated Will writers may lack the necessary knowledge, leading to errors that can make a Will invalid or create unintended consequences for beneficiaries.

No Regulatory Protection

Regulated solicitors must adhere to strict professional standards and are required to have insurance in case of negligence. If an unregulated Will writer makes a mistake, there is usually little possibility for compensation, leaving families to deal with costly legal disputes.

Risk of Fraud and Mismanagement

Without regulation, there is no assurance that an unregulated Will writer will act ethically. There have been cases where Will writers have disappeared with clients’ money, charged excessive fees for storage, or even named themselves as executors to exploit estates for personal gain.

Invalid or Poorly Drafted Wills

A Will must meet strict legal requirements to be valid in the UK. Simple errors, such as incorrect witness signatures or ambiguous language, can result in a Will being contested or deemed invalid. This could lead to assets being distributed according to Intestacy Laws, rather than the deceased’s wishes.

No Legal Duty to Act in Your Best Interest

Unlike solicitors, unregulated Will writers are not bound by a code of conduct that prioritises clients’ best interests. This lack of accountability increases the risk of mis-selling, where clients are pressured into unnecessary or unsuitable products, such as expensive Will storage services or complicated trusts.

For any further guidance with Wills, do not hesitate to contact Aston Bond’s qualified and trustworthy Private Client team on lthomas@astonbond.co.uk and sclark@astonbond.co.uk for a complimentary initial consultation.

The Employment Rights Bill: Where are we now and what does this mean for employers? 

Following recent discussions and consultations, the UK Government have announced significant amendments to the Employment Rights Bill that could have financial and legal implications for employers and their business.

The most important changes have been listed below including what they mean for employers.

Important changes

Protection from unfair dismissal:

  • The most significant change proposed has been to introduce protection against unfair dismissal from day one (compared to the current 2-year period).
  • The government has proposed an ‘initial period of employment’, which would define the first nine-month period.  This allows for 6-month probation period with an extension if needed.
  • Employers could rely on performance or conduct issues for dismissal; however, this cannot be applied to redundancies in this initial period.
  • This will change the hiring process for employers and highlight the crucial need for performance monitoring from day one.
  • A meeting would also be required before dismissal, where employees can bring trade union representation.

Fire & Rehire:

  • Although the reforms do not aim to remove fire & rehire practices entirely, it would severely restrict the employer from using loopholes or exploiting the practice.  It would be unfair to dismiss an employee if;
  • They decline an alteration of their original employment contract; or
  • The employer intends to replace the employee under an amended contract to perform the same duties as before.
  • However, if the business can show that they were acting due to financial difficulties or the employer could not have reasonably avoided this, dismissal would not be automatically unfair.

Fair Work Agency:

  • A new government body to be established which will have the power to bring claims on behalf of employees.
  • an employee does not have to choose to bring a claim forward themselves anymore and instead can rely on the Fair work Agency to bring forward their claims to the employment tribunal.
  • The 3-month period where employees could bring their claims forward has also been increased to 6-months.
  • Therefore, employers could be subject to legal proceedings brought by a well-funded government body representing employees.

Harassment

  • The bill introduces a new liability on all employers in relation to protection against harassment for all staff.
  • Employers will be liable if they don’t take all reasonable steps to prevent third-party harassment in the workplace.
  • It is clear that this goes way beyond any reasonable steps – and standard, off-the-shelf, policies alone will not help. 
  • Employers will need to provide industry and workplace specific training alongside properly drafted policies if they want to avoid a claim.
  • Employers will need to act now to be ready in time.

Zero-hour contracts

  • If zero-hour or agency employees meet a certain criteria, they will be offered regular hours after a review of their 12-week reference period. However, it remains the worker’s choice if they wish to stay on a zero-hour contract.
  • Workers will also have the right to reasonable notice of shifts and are entitled to compensation if given short notice when a shift is cancelled or rescheduled.
  • The government is yet to confirm what is meant by ‘regular hours’ and ‘short/reasonable notice’.

Flexible working

  • Labour has proposed that flexible working become the default for employees.
  • Employers can only deny flexible working if they can prove it is unreasonable; currently there are eight reasons to prove flexible working is unreasonable, which remain on the proposed bill.

Statutory sick pay (SSP):

  • The waiting period required for SSP will be removed so that employees are entitled to SSP from the first day of sickness and those who are under the Lower Earning Limit (an estimated 1.3 million employees) will now also be eligible for SSP.

The above are just some of the many changes which will be enacted by the Bill.  Collective redundancy consultation requirements will also be increased, and Trade Union Reforms will lessen restrictions on trade union activity and increase trade union rights.

The Confederation of British Industry (CBI) estimates that the reforms could add £5 billion to business costs, which could have a damaging effect on investments, hiring decisions and overall business growth.

What’s next?

The Bill has passed its third reading and is now being sent to the House of Lords for debate.  If they propose further amendments, they will be sent back to the House of Commons.  But the Bill is likely to receive Royal Assent soon, potentially before the summer break.

This means the changes could come into force as early as autumn.

It is crucial that employers start considering how best to tackle some of the upcoming changes and putting things into place now in order to mitigate the risk factors.

For any advice in relation to this, or to request a meeting to review your current position, please contact our Head of Employment, Ilinca Mardarescu on imardarescu@astonbond.co.uk or call us on 01753 486 777.

Employment Rights Bill: Unfair Dismissal

The new Employment Rights Bill was introduced this year to protect workers. The Bill proposes significant changes in granting employee’s protection against unfair dismissal from the very first day of their employment. This marks a substantial move from previous laws where you had a qualifying period (currently 2 years) before unfair dismissal rights were given.

Understanding Unfair Dismissal

Unfair dismissal happens when an employer terminates an employee’s employment without fair reason or following the correct process.  Currently, employees need to have worked for a minimum period of two years before they could challenge their dismissal as unfair in the Employment Tribunal.

Day-One Rights

The new Employment Rights Bill proposes to eliminate the two-year qualifying period, ensuring that all employees are protected against unfair dismissal from their very first day on the job. This change aims to provide immediate job security and promote fair treatment across workplaces, but employers have criticised it and argued for a lengthy probationary period to be in-built to avoid an unnecessary burden on small businesses in particular.

Implications for Employees

Enhanced Job Security – New employees can now feel more secure, knowing they have legal protection against unfair dismissal from the start of their employment.

Empowerment – Employees may feel more empowered to voice concerns or report unethical behaviour without the fear of immediate dismissal.

Implications for Employers

Review of HR Practices – Employers will need to ensure that their dismissal procedures are robust, transparent, and compliant with the new regulations to avoid potential legal challenges.

Training and Development – There may be more emphasis on training managerial staff to handle dismissals appropriately and in line with the updated legal framework.

While the Employment Rights Bill for day-one unfair dismissal rights promises protection and fairness for employees, it also means that employers need to adapt to a more regulated workplace.

There are many more changes being proposed by the Bill, which could ultimately change employment law in this country. 

For any further guidance, please don’t hesitate to contact Aston Bond’s Employment Solicitor at imardarescu@astonbond.co.uk, or call our office at 01753 486 777.