The Employment Rights Bill sets out wide range of changes that will impact on the running of practices, including Day One Rights for Employees, covering protection from unfair dismissal, with a mandatory probation period set to last nine months. Whilst the unfair dismissal rights from day one may seem an unnecessary hurdle, secondary legislation is likely to set out a process to dismiss new staff fairly during their probation period without following a full disciplinary process. Even so, as all staff have protection from unlawful discrimination, we usually suggest to practice owners that they do not dismiss new staff without following some procedure.
Statutory Sick Pay will be payable from the first day of sickness absence, rather than the fourth day. This is likely to increase practice costs. Our advice team is happy to help members who have difficulties with short term sickness absence.
The Bill is also set to take appropriate steps to repeal anti-trade union legislation passed under the previous government, including unfair ballot thresholds and reduced strike mandate periods.
None of these changes will have an immediate effect, however practice owners may wish to familiarise themselves with the “next steps” document to prepare. Most of the changes set out in the Bill, once it has received parliamentary approval, require secondary legislation.
For General Dental Practitioners, a significant aspect is a likely future change to worker and employee status. The distinction between being self-employed and a "worker" (a middle ground category that includes certain rights like holiday pay) is set to be reassessed. Depending on the outcome of a future government consultation, this could lead to many associate dentists having greater employment protection.
Some members may have heard of a recent Supreme Court judgment HMRC v Professional Game Match Officials Ltd. This judgment has changed the way employment and self-employment status is determined, both for tax and employment protection purposes. We are currently assessing whether this case could impact the dental industry. The judgment found referees contracts operated within a sufficient framework of control to be classified as a contract of employment. Members may wish to speak to their accountants if they have immediate concerns, particularly those operating to contracts with a high NHS commitment.
The Government expects to start consulting about reforms in 2025 and anticipates that the majority of changes will take effect no earlier than 2026, following a “substantial” transition period.
We will take every opportunity to spell out the implications of changes here to a largely self-employed workforce.
