According to recent polling by Opinium on behalf of IPPR, the TUC and Persuasion UK, three-quarters of employers back the Labour Government’s proposed plans to strengthen employment rights, with many believing that improved job security and better rights can lead to higher productivity, healthier employees, and improved retention.

While few would disagree that workers with greater job security are more likely to perform better, this one-sided approach misses a crucial point. Namely, protecting employers from unscrupulous employees.

You should be aware by now that Labour’s proposed legislation aims to introduce a variety of new rights for employees, including the ability to request flexible working from day one, strengthened protections against unfair dismissal, and sick pay from the first day of employment.

These measures are undoubtedly aimed at curbing the actions of rogue employers, who exploit loopholes in existing laws to the detriment of their workforce. In this sense, the legislation serves a worthy purpose: no one wants to see employees mistreated or unfairly dismissed.

However, by tarring all employers with the same brush, this legislation risks alienating good employers who already strive to maintain fair and safe workplaces. Just as the entire landlord sector in the UK seems been demonised by the actions of a rogue few, this proposed legislation assumes all employers are guilty of malpractice unless proven otherwise.

While the focus on workers' rights is commendable, the legislation does little to address the reality that some employees take advantage of the current system, making it difficult for employers to manage them effectively. Good employers face challenges when dealing with employees who consistently abuse absence policies, perform poorly, or demonstrate insubordinate behaviour. And we should know; we take calls from clients with these issues nearly every day.

Under existing laws, the process of dismissing an underperforming employee is already a lengthy and complicated one, and Labour’s proposed changes may make it even more difficult for employers to deal with troublesome staff.
For example, nobody should be unfairly dismissed, but introducing “day one rights” for protection against unfair dismissal will give rogue employees a reason to pursue a resource hungry tribunal claim, unwilling to admit their own performance or misconduct is at fault.

Instead of fostering an environment of accountability, the new rules could shield employees who are underperforming or taking advantage of workplace policies.

Furthermore, with policies like sick pay from the first day of absence, good employers may be left vulnerable to abuse from employees who take advantage of these rights without legitimate cause.

Strengthening worker protections is an admirable goal, and according to the survey by Opinium, most of the 1,000 employers questioned are in favour of giving their employees greater job security and improved rights. However, it’s important to strike a balance between protecting workers and providing businesses with the flexibility they need to deal with problematic employees.

There needs to be an acknowledgment that not all employees act in good faith, just as not all employers engage in exploitative practices. Legislation that protects workers without giving employers the tools to deal with underperformance or misconduct risks creating a system where good employers are punished and unscrupulous employees are shielded from accountability.

Whilst Labour’s proposed legislation represents a step forward in protecting workers, it falls short in addressing some of the common challenges that arise, just for being an employer.

While the focus on curbing the actions of rogue employers is important, it should not come at the expense of leaving businesses vulnerable to those employees who exploit the system. As the debate continues, it’s crucial that lawmakers find a way to protect both employees and employers, ensuring a fair and equitable workplace for all.

For support and advice with any employee related matters call us on 01452 331331 or contact us throurh our contact page.