A headline change is the day one right not to be unfairly dismissed. This is expected to be subject to an initial period of employment, when a lighter touch procedure for dismissal can be used. The details of the process and the period haven’t been confirmed, but nine months has been suggested. For companies who hire in crew and talent for specific productions or projects, this could mean significant change is needed in practices for recruitment and terminations.
The Bill outlines further updates to workplace harassment laws. Employers are already under a positive duty to take “reasonable steps” to prevent sexual harassment and must implement measures to assess and mitigate the risk of sexual harassment. The Bill strengthens the law to require employers to take “all reasonable steps” ( “all” being the key word) and introduces liability for third party harassment. Many production companies are already thinking ahead to this duty, with risk assessments that extend to third party harassment, but this will be one to revisit as the detail emerges. What is clear is that solely relying on the roll out of ED&I training is no longer enough.
Other changes of significance include: the introduction of day one rights in respect of statutory sick pay, paternity leave and parental leave; a right to bereavement leave; and enhanced maternity protections. Dismissals of employees who are pregnant, on maternity leave or during a six month return to work period, would be prohibited, other than in specific circumstances. New flexible working rights are also proposed, meaning that an employer can only refuse flexibility requests where it has a “reasonable” basis to do so. As expected, these changes move the law towards stronger rights and protections, and work life balance, for working people.
Far reaching changes are also expected in respect of restrictions on zero-hours contracts (including the right to request guaranteed hours and reasonable notice of work schedules) and the practice of ‘fire and rehire’. For some sectors these will mean huge upheaval; for those in film and TV it will depend on their current use of such practices. The Bill also bolsters collective rights, including introducing changes to the trade union recognition framework and the ability of unions to take industrial action, developments which could be very significant for the media industry.
And what of the anticipated single status of worker? The Government originally proposed to remove the (often confusing) distinction between ‘employees’ and ‘workers’, which would mean that if someone was not a genuinely self-employed freelancer, they must be an employee. Again, this would be particularly relevant to production companies, who may be in the practice of engaging crew as workers. For now, this change does not appear in the Bill, but further consultation is expected in 2025.
So, what next? Most legal changes won’t come into force until 2026, but it’s never too early to start preparing and thinking especially about recruitment and dismissal processes, and how this might need to change in your organisation. In the meantime, we’ll watch this space as the Bill moves through Parliament and the devil in the detail comes into sharper focus, with further updates to come.
Lucy works with a wide range of businesses, from startups to multinationals, and has particular industry experience advising companies in the film, TV and entertainment sectors. She additionally supports individuals at a senior level on workplace complaints and exit arrangements.
Lucy frequently handles complex disputes and employee relations issues, including sensitive grievance and disciplinary processes. As well as supporting employers with such matters, Lucy manages complex employment tribunal claims and has acted as an independent investigator for employers on several high level disciplinaries. Her experience allows her to offer a full range of employment legal support to a business, from day to day queries and providing training, handbooks and policies, through to strategic advice on redundancies, restructuring or business sales.
Alongside her work for the firm, Lucy is a member of the Employment Lawyers Association (ELA). She has sat on ELA working parties responding to Government proposals for employment law reform and volunteered for several pro-bono projects, including Maternity Action.