Employment Rights Bill Edges Closer

Where are We Now and What Does this Mean for Occupational Health in Your Business?

To become law, the proposed Bill must pass through several stages before becoming enshrined in legislation.

So far, the proposed Bill has already been through multiple days of Committee Stage in the House of Lords, where it was examined line by line. See progress here →

Today marks the next stage as the proposed Bill moves to the report stage. What is the Report Stage? →

So far numerous amendments have been tabled – eleven pages of them in fact. Some of which are minor, and others have significant relevance to challenges which businesses will face. For those with time to spare the amendments can be found here: Browse the amendments →

What’s the timeline?

Parliament’s summer recess is scheduled for 23^rd July meaning that Royal Assent for the Bill will be delayed until Autumn. Thereafter the road map looks something like:

Starting in 2026

• Unfair dismissal as a “day 1” right
• “Lighter touch” process for dismissals in the statutory probationary period (likely to be 9 months) – and by the way “lighter touch” apparently means that compensation awarded for claims will be “lighter”…

What does this mean for you?

Pre-Employment Health checks are a MUST.

With the extended probationary period you can not afford to have an employee matched to a role which their health cannot sustain, or which adversely affects their health – either physically or mentally. This means understanding:

1. Past medical history
2. Current health problems
3. Medication
4. Conditions, diagnosed or suspected which are covered by the Equality Act such as ADHD or Autism
5. Musculoskeletal conditions (the leading cause of sickness absence in the UK)
6. Mental health screening

This is a quick and cost-effective way to obtain a baseline assessment of your employees’ health and give essential guidance to your decision making.

Phase 2

Proposals Include:

• Reform of fire and rehire
• Changes to zero hour contracts
• Bereavement leave
• Rights for pregnant workers

What does this mean for you?

Managing the existing and evolving health needs of your staff, regardless of how large or small your business may be can be difficult at the best of times.

When you need independent professional medical advice, you need to commission our Occupational Health Management Referral which includes:

1. Lead by specialist Occupational Health doctors
2. Virtual or in person 1:1 doctor consultation
3. A clear, bespoke report answering your management questions
4. Guidance on issues such as pregnancy risk assessment, bereavement reactions and work-related stress – it is likely that all of these will come more into focus.

Phase 3

This involves changes to:

• Collective redundancies
• Flexible working – employees can request this from day one

What does that mean for you?

In this new era of employment law, you’ll need to involve Occupational Health more often. That’s because many decisions you make about employees – such as flexible working, capability, or dismissal – may require medical input. Getting expert advice helps protect your business and ensures your decisions are fair and legally sound. Don’t forget: the deadline to bring an Employment Tribunal claim is increasing from 3 to 6 months, so making informed choices matters more than ever.

Time to Rethink Your OH Strategy?

Occupational Health should provide you with specialist advice so that you can make management decisions in the best interests of your business, this is just as essential as your accountant, lawyer or health and safety consultant.

Going forwards and with more frequent touchpoints likely, we are preparing to assist clients in procuring better value by switching from ad hoc instructions to a subscription offer.

Ready to future-proof your workplace? Explore our ad hoc and subscription-based Occupational Health services – designed to support your business through every legislative shift.

About D4Health

At D4Health, our leadership team combines medical and legal qualifications – a powerful combination that gives our clients unmatched value in occupational health strategy, compliance, and care.