Employment law shake-up: Lawyers prepare to be the hottest call in town
As the government gears up for a monumental overhaul of employment laws, lawyers in the sector are bracing for an unprecedented surge in work.
Employment laws are set to undergo what could be the biggest shake-up in decades, after the Bill was revealed in last week’s King Speech. Employment lawyers are preparing to be inundated with inquiries on how it will work for businesses. So what queries are they receiving so far?
Robbie Sinclair, an employment partner at A&O Shearman, described the current climate: “Employers are navigating through a fog of uncertainty, grappling with the broad strokes of the new employment package while the finer details remain elusive.”
“The anticipation of the Employment Bill and its accompanying consultation papers is palpable,” he added.
While Paul McGrath, partner at McDermott Will & Emery stated they are seeing a lot of interest from employers wanting to understand the details, adding “we don’t yet have but are expecting by the early Autumn.”
With the Employment Bill and the Equality (Race and Disability) Bill yet to be fully detailed, Sinclair noted, “without the specifics, preparation is a shot in the dark.” This ambiguity is pushing businesses into a state of anxious waiting, and lawyers are fielding a rising number of queries from clients desperate for guidance.
The imminent changes are set to impact every corner of employment law. “We are receiving an increasing number of queries about the removal of the two-year qualifying period for unfair dismissal claims,” said Tim Gilbert, head of the employment group at Travers Smith. “This is already affecting termination negotiations and will require a review of internal processes.”
Simon Fennell, partner at Shoosmiths emphasised the broader impact on various sectors. “Clients in seasonal sectors and the gig economy are particularly anxious about the abolition of zero-hours contracts and how changes to worker status will affect their business models.”
Gilbert added that he anticipate that the proposals for flexible working by default will lead to an increase in flexible working requests, “which employers may need legal advice on”, as he noted “the circumstances in which these requests can be refused will be narrower than previously.”
While A&O Shearman partner Vicky Wickremeratne highlighted another area of concern: “The Equality (Race and Disability) Bill will introduce mandatory pay reporting for large employers, which is likely to be a major headache, much like the gender pay gap reporting journey.”