Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+

Personnel Today

Register
Log in
Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+

Zero hoursLatest NewsEmployment contractsFlexible workingTrade unions

Labour proposes day-one unfair dismissal protection

by Ashleigh Webber 14 Sep 2021
by Ashleigh Webber 14 Sep 2021 PA Images / Alamy
PA Images / Alamy

A Labour government would give all workers protection against unfair dismissal from their first day in employment, ban zero hours contracts, increase the national minimum wage and extend statutory sick pay to all workers.

Speaking at TUC Congress 2021, Labour leader Sir Keir Starmer said a government under his leadership would “strive for better prospects and dignity for all workers” by bolstering workers’ rights and by supporting industries that create “quality” jobs.

He said: “A job that you can raise a family on must offer security and certainty… Labour will provide that security, ensuring rights for all workers from their first day of the job, including holiday pay, protection against unfair dismissal and guaranteed sick pay.”

He said that if the Labour party gained power at the next general election, it would:

  • immediately increase the minimum wage to at least £10 an hour, which would mean a pay rise of around £2,500 per year for those on the minimum rate
  • give workers day one rights including holiday pay, protection against unfair dismissal, paid parental leave, flexible working and guaranteed sick pay
  • increase statutory sick pay
  • ban zero hours contracts and require employers to give staff a contract that reflects their normal working hours
  • outlaw “fire and rehire” practices, where workers are dismissed and rehired on new contracts with new less favourable terms

TUC general secretary Frances O’Grady said that Labour’s policies would benefit millions of workers.

Everyone deserves to be treated with dignity at work.

Great to hear @Keir_Starmer speak about Labour’s new deal for working people:

? Day one rights for all
? £10 minimum wage
? Decent sick pay
? A ban on zero-hours contracts

These policies would benefit millions! #TUC21 pic.twitter.com/cqcDOo5ekg

— Frances O'Grady (@FrancesOGrady) September 14, 2021

However, giving workers protections from unfair dismissal from their first day of employment could cripple organisations, said Elena Cooper, an employment law consultant at Discreet Law.

“Imagine the scenario where you employ someone, and on day three, they display appalling attitude to colleagues, an unwillingness to carry out their role to the correct standards, and they are late attending work and consistently take 90 minute lunch breaks. Instead of simply bringing their employment to an end, to avoid an unfair dismissal claim, you would need to go through a lengthy performance improvement plan and full disciplinary procedures. The employee can then still bring a claim against the employer,” she said.

Dismissal cases

Teacher unfairly dismissed after ‘locking’ pupil in ‘haunted’ cupboard

Waiter who was burped at by boss wins dismissal claim

Banker unfairly dismissed after ‘unjustifiable’ delays in investigation

“The situation is wholly unworkable, employers would deal with mounting legal costs and the tribunals would be overwhelmed.”

Increasing sick pay would likely encourage further periods of sickness absence and add to employers’ costs, added Cooper.

“With respect to the Labour Party, surely they should be trying to introduce policies which reward good performance rather than the reverse.”

Starmer said that fire and rehire practices “cheat workers out of the pay and conditions they have earned”. Labour has so far been unsuccessful in its campaign to get such procedures banned.

“We’ve arranged opposition day debates; we’ve put down amendments; and Labour MPs have fought to introduce the legislation in Parliament to ban fire and rehire. But neither our party, nor our movement, has yet been successful in defeating it outright,” said Starmer.

“Because the truth is until we have a Labour government, Congress, our ability to deliver the transformational change that we all know is necessary will be frustrated.”

A Labour government would also invest £30bn in creating 400,000 new green manufacturing and low carbon jobs.

“I see no conflict between tackling the climate crisis and protecting and delivering more well-paid, skilled jobs,” he said.

“Cutting our carbon emissions is an urgent necessity, and it can spark the level of job creation and training programmes that our economy needs.

Sign up to our weekly round-up of HR news and guidance

Receive the Personnel Today Direct e-newsletter every Wednesday

OptOut
This field is for validation purposes and should be left unchanged.

“And trade unions have a key role to play in building and delivering on the national retraining strategy we need to fill those new roles.”

HR business partner opportunities on Personnel Today


Browse more HR business partner jobs

Ashleigh Webber

Ashleigh is a former editor of OHW+ and former HR and wellbeing editor at Personnel Today. Ashleigh's areas of interest include employee health and wellbeing, equality and inclusion and skills development. She has hosted many webinars for Personnel Today, on topics including employee retention, financial wellbeing and menopause support.

previous post
Morrisons to slash sick pay for unvaccinated workers
next post
Staff shortages no excuse for health and safety issues

You may also like

Black security manager awarded £360k after decade of...

20 May 2025

Union rep teacher awarded £370k for unfair dismissal

15 May 2025

Tribunal finds need for degree in redundancy selection...

14 May 2025

NHS worker awarded £29k after Darth Vader comparison

8 May 2025

Employment tribunal backlog up 23% in a year

7 May 2025

Lincolnshire doctor awarded £250k in race discrimination case

2 May 2025

Top 10 HR questions April 2025: increases to...

2 May 2025

M&S unfairly dismissed pregnant bakery worker

29 Apr 2025

Recruiter who returned to empty office after maternity...

23 Apr 2025

Accountant wins maximum payout for unfair dismissal

14 Apr 2025

  • 2025 Employee Communications Report PROMOTED | HR and leadership...Read more
  • The Majority of Employees Have Their Eyes on Their Next Move PROMOTED | A staggering 65%...Read more
  • Prioritising performance management: Strategies for success (webinar) WEBINAR | In today’s fast-paced...Read more
  • Self-Leadership: The Key to Successful Organisations PROMOTED | Eletive is helping businesses...Read more
  • Retaining Female Talent: Four Ways to Reduce Workplace Drop Out PROMOTED | International Women’s Day...Read more

Personnel Today Jobs
 

Search Jobs

PERSONNEL TODAY

About us
Contact us
Browse all HR topics
Email newsletters
Content feeds
Cookies policy
Privacy policy
Terms and conditions

JOBS

Personnel Today Jobs
Post a job
Why advertise with us?

EVENTS & PRODUCTS

The Personnel Today Awards
The RAD Awards
Employee Benefits
Forum for Expatriate Management
OHW+
Whatmedia

ADVERTISING & PR

Advertising opportunities
Features list 2025

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2025 DVV Media International Ltd

Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+