11 weeks to chaos? Time to prepare for Employment Rights Bill 

With just 11 weeks to go until the introduction of the new Employment Rights Bill, hailed as the ‘biggest upgrade to workers’ rights in a generation’, bosses are being warned they must get ‘organised to the hilt’ or face a major threat to business performance.

Toma Pagojute, chief HR officer at workforce management experts Quinyx, welcomes the bill – which includes a ban on zero-hours contracts and the introduction of flexible working and sick pay from ‘day one’ – but warns its impact will be bigger than many retailers realise, “until it’s too late”.

Quinyx data from its global State of the Frontline Workforce report – which has annually monitored the attitudes and behaviours of tens of thousands of deskless employees worldwide since 2020 – shows that a third of UK frontline staff (33%) have gone into work when ill due to a lack of sick pay – and this rises to 43% of UK hospitality workers. The introduction of immediate sick pay for all employees could see absences rise significantly, leaving some businesses severely understaffed.

Companies must be prepared for these changes, knowing that some of the new laws will mean more admin and greater staffing challenges. Businesses stand to lose custom if they can’t staff shifts due to increased absences, for example, or they may find themselves facing legal challenges for breaking the new laws, perhaps unknowingly.

‘The right to switch off’ – not just for office workers

Another element of the bill, the ‘right to switch off’, aims to prevent ‘blurring’ between work and home life, stopping ‘homes turning into 24/7 offices’. While this sounds like it’s geared more towards office staff, it’s a big problem in frontline industries too – employers mustn’t overlook the issue.

Toma explains:

88% of non-office-based UK employees continue to think about work when they’ve clocked off. Furthermore, 55% of deskless staff use WhatsApp as their primary workplace communication channel to receive messages from bosses, making the ability to switch off when not at work more difficult. In the hospitality sector, WhatsApp usage between management and employees rises to 75%.

Toma Pagojute, chief HR officer at Quinyx

More clarity needed

Businesses will need clearer guidance to put ‘flexible working from day one’ into practice.

Data consistently shows that frontline staff often value flexibility in a role as much as other factors like career progression and salary. However, the bill states the intention to provide flexibility ‘except where it is not reasonably feasible’ – which is ambiguous and open to interpretation. There are greater logistical considerations for flexibility in industries such as retail and hospitality, but it would help If the government could provide clear examples of where requests may be accepted or denied.

Toma concludes:

It will also be interesting to see if – and how – ‘one-sided flexibility’ will be eradicated.  While zero-hours contracts have been rightly criticised for a lack of worker protection, the so-called gig economy suited some employees. I hope the bill will lead to fairer agreements that give everyone – including parents, carers and others with additional responsibilities – true flexibility that works for them.

Joanne Swann, Content Manager, WorkWellPro
Editor at Workplace Wellbeing Professional | Website | + posts

Joanne is the editor for Workplace Wellbeing Professional and has a keen interest in promoting the safety and wellbeing of the global workforce. After earning a bachelor's degree in English literature and media studies, she taught English in China and Vietnam for two years. Before joining Work Well Pro, Joanne worked as a marketing coordinator for luxury property, where her responsibilities included blog writing, photography, and video creation.

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