What do we know about Labour's workers' rights legislation?

Flagship workers' rights legislation is being unveiled on Thursday. Credit: PA

Angela Rayner reassured employers that flagship workers' rights legislation, to be unveiled on Thursday, would include a probation period for new employees, but made clear it would be less than two years in length, according to sources.

They say that a sometimes testy meeting of ministers, trade unions and employers saw bosses raise several concerns about the inclusion of a probation period - asking the deputy prime minister to confirm it would be included in the legislation.

The bill will set out 'day one rights' for workers - but ITV News understands that they will not come into play until Autumn 2026.

Employers at the meeting pressed Rayner to set out what a probation period would look like, to which she responded that there would be a "consultation" on what she hoped was a "reasonable balance". Sources have suggested that a probation period is likely to stretch from six to nine months.

However, in a significant shift from the current situation, workers would still have the rights listed from their first day of work - including the right to avoid 'unfair dismissal'. Currently, workers may not qualify for that for up to two years.

Bosses at the meeting raised questions over the length of the probation period.

But questions have also been asked about the status of the probation period - if a person cannot be sacked more easily.

Instead, the plan is likely to suggest the period is simply to give the employee the ability to see if they like the job, and the employer the ability to assess if the worker is sufficiently capable and qualified, with a fair dismissal if the worker falls short. Employers have argued that a fair dismissal based on capability is allowed after probation as well.

A source claimed that some bosses were being "craven and unreasonable" at the meeting - arguing the government had bent over backwards to include a probation period in the first place, despite union opposition. They claimed there were "bad faith" arguments being made.

The shift on Thursday will also see immediate access to sick pay, parental leave and protection from discrimination - as well as a ban on most fire and rehire practices and "exploitative" zero-hour contracts.


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It is a package that will be warmly welcomed by most trade unions affiliated with Labour, especially those closer to the leadership, despite the two-year delay in implementation.

However, there will be some concerns, particularly over the definition of exploitative zero-hour contracts - and how wide they spread. Sources have suggested the government is planning a complicated definition of what counts as exploitative.

Unions will be delighted with plans to roll back limits on their powers put in place by the Conservative government. Sources suggested the government will also pave the way for online strike ballots - which would hugely reduce the cost of balloting for unions.


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