GCMA members attended a webinar hosted by Golf HR expert Carolyne Wahlen in the wake of upcoming changes to employment law.
Golf HR expert Carolyne Wahlen hosted a webinar this week for GCMA members to provide the latest updates on employment law.
The well-attended session delved into the government’s new employment law reforms following the recent introduction of the Employment Rights Bill.
Carolyne outlined the various impacts the bill will have on the industry and how managers can equip themselves and their clubs to deal with them.
Below are some of the key issues covered in relation to the new bill.
Unfair dismissal
The existing two-year qualifying period for protections from unfair dismissal will be removed, giving day-one rights to employees.
What does this mean?
“This would in effect mean if you want to get rid of somebody, you would have to do a full disciplinary process, restructuring, or a settlement agreement. There remains the possibility of a probationary period of 6-9 months being included, during which there would be an expedited way to dismiss an employee. It is yet to be confirmed what that mechanism would be. This is unlikely to come into effect before April 2026.
“Make sure that within your current probationary period you have a rigorous feedback loop, that you have weekly meetings scheduled in with all new staff proactively and not waiting until there’s an issue.”
Zero-hours contracts
Those on zero-hours and low-hours contracts will have the right to a guaranteed-hours contract if they work regular hours over a defined period.
What does this mean?
“They were originally talking about scrapping zero-hours contracts but that has been toned down. However, they are adamant about giving guaranteed hours, so if you have zero-hours staff who are working the same number of hours every week, they can after 12 weeks working for you ask for guaranteed hours every week.
“You need to be mindful of continuous service. If a seasonal worker starts with you in June and works with you throughout the summer before going off to University, you send them their P45 say, ‘Thank you for your support, see you at Christmas’. That way you keep that continuous service down low.”
Statutory sick pay
Another day-one right, this change to statutory sick pay will see the lower earnings limit for all workers removed, along with the waiting period before sick pay kicks in.
What does this mean?
“They are working out the details of how they’re going to split it down pro rata to actually allow for the fact that somebody might only be doing 10 hours a week, or even less six hours a week, so they shouldn’t then get £223 a week. But you will be paying SSP from day one, and as usual as it has been for the past 10 years, you cannot get that money back from the government.”
Paternity, parental and bereavement leave
Paternity leave, parental leave and bereavement leave are all set to change as part of the Employment Rights Bill, including the provision of day-one rights for all employees.
What does this mean?
“It’s currently only after 26 weeks that men are entitled to paternity leave, but that’s going to change and now be a day-one right. Parental leave is going to change as well. This is currently unpaid and unused, but they’re going to change that. And again, you had to have been there for 26 weeks.
“Bereavement leave is going to change to include all employees from day one. If it’s the death of a child it’s two weeks paid, and if it’s not a child it’s one week.”
Flexible working
In a measure aimed at making the workplace more compatible with people’s lives, flexible working will be made the default where practical.
What does this mean?
“There had been talking about making flexible working a default, meaning if somebody applied for it you had you had to give it to them. They’ve watered that down now to say you just have to give really clear reasons if you’re not going to permit it, which was the case anyway, but it’s actually in law now.”
