What will Labour's new employment legislation bring for workers and trade unions?

In this insightful episode, Carolyn Jones Vice President of the Institute of Employment Rights is joined by Lord John Hendy KC and Professor Keith Ewing to discuss the imperative need for comprehensive reforms in UK labour laws.

Reflecting on changes since the Thatcher era, they explore critical issues such as sectoral collective bargaining, the establishment of a Ministry of Labour, and alignment with international legal standards.

Key topics include the Labour Party’s new Employment Rights Bill, the impact of weakened trade unions, the controversial nine-month probation period, and specific cases like the P&O Ferries dismissals.

The discussion emphasises the importance of effective enforcement mechanisms, protecting workers' rights, and the political dynamics influencing these legislative changes.

Listeners are encouraged to engage in the debate over these pressing labour law reforms.

About The Institute for Employment Rights

The IER aims to develop modern employment laws and offers publications, briefings, and conference papers.

Supporters can subscribe and receive newsletters at www.ier.org.uk.

Episode Chapters:

00:00 The Employment Rights Bill: A New Era For Workers?

00:37 Introduction

03:01 Why UK Labour Law Needs Revision

05:45 Four Pillars of Robust Employment Rights

07:41 A Ministry of Labour Still Needed

11:50 Sectoral Collective Bargaining

17:15 Collective Action, Collective Rights

20:02 P&O Ferries: A Case Study

22:48 Legal Impunity For Businesses

27:29 Day One Rights Vs Probation Periods

30:28 Amending The Employment Rights Bill

32:07 Conclusion

The IER podcast is supported by Thompsons Solicitors.

For Thompsons resources and advice on Trade Union law visit thompsonstradeunion.law.

This podcast is produced for IER by Creative Kin.

To find out more, visit creativekin.co.uk.

Recorded at Creative Kin's London studios.

Studio Producer and Editor: Jason Caffrey

Theme Music: Daniel Jorgensen

The Institute of Employment Rights (IER) was established in 1989 to combat anti-trade union legislation enacted during the Thatcher era.

It has since created an extensive library of labour law resources with the help of a network of volunteer lawyers, academics, and trade unionists.

The IER aims to develop modern employment laws and offers publications, briefings, and conference papers.

Supporters can subscribe and receive newsletters at www.ier.org.uk.

Chapters:

00:00 Introduction to the Institute of Employment Rights

00:22 IER's Contributions and Resources

00:58 Support and Subscription Information

Credits:

The IER podcast is sponsored by Thompsons Solicitors.

For Thompsons resources and advice on Trade Union law visit thompsonstradeunion.law.

This podcast is produced for IER by Creative Kin.

To find out more, visit creativekin.co.uk.

Recorded at Creative Kin's London studios.

Studio Producer and Editor: Jason Caffrey

Theme Music: Daniel Jorgensen

How can the experience of prior legislation help get the best out of Labour's new Employment Rights Bill?

And will the Care Sector be the new flag-bearer for improved terms and conditions?

Carolyn Jones, Senior Vice President of the Institute of Employment Rights, leads a detailed discussion on Labour's new Employment Rights Bill.

Joined by IER Vice President Professor Lydia Hayes and Executive Committee member Sarah Veale, the panel examines past legislative experiences, challenges in drafting effective employment laws, and the need for precise legal wording.

Special focus is given to the radical shift towards sectoral collective bargaining in adult social care. Emphasis is given to the importance of union involvement, addressing systemic issues like unequal pay and the pitfalls of zero-hour contracts.

Despite challenges, new legislative consultations provide hope for fairer employment practices.

The show closes with a call to reinforce workers' power through unions, balancing collective and individual rights.

About The Institute of Employment Rights

The IER aims to develop modern employment laws and offers publications, briefings, and conference papers.

Supporters can subscribe and receive newsletters at www.ier.org.uk.

Episode Chapters:

00:00 Getting The Bill Right: Lessons From Legislation Past

00:47 Introduction

04:31 Why Legal Language Matters

05:42 Balancing The Long View

06:32 Anticipating Problems With The New Bill

07:59 Rights For Part-Time Workers

09:58 How Employers Are Responding

12:04 Looking Forward: The Care Work Sector

14:46 Collective Bargaining In Adult Social Care

16:18 A New Voice For Care Workers?

20:03 Care work: A Marginalised Bellwether

23:50 Balancing Individual Vs Collective Rights

29:45 Conclusion

Credits:

The IER podcast is sponsored by Thompsons Solicitors.

For Thompsons resources and advice on Trade Union law visit thompsonstradeunion.law.

This podcast is produced for IER by Creative Kin.

To find out more, visit creativekin.co.uk.

Recorded at Creative Kin's London studios.

Studio Producer and Editor: Jason Caffrey

Theme Music: Daniel Jorgensen

Will the Employment Rights Bill 2024 pave the way to reform of employment status for workers? Or will it leave open a trap door for worker rights to fall through?

Institute of Employment Rights Director James Harrison examines the gaps in the Labour Party's Employment Rights Bill with Keith Ewing, Professor of Public Law at King's College London, and Nicola Countouris, Professor of Labour Law at University College London.

These distinguished experts explore the troubled issue of employment status and delve into the significant elements of the bill aimed at improving workers' rights.

They examine the urgency of implementing new rights, the concept of day one rights and the value of probationary periods for new hires.

Digging into zero-hour contracts, the potential for employee coercion, and the impact of sectoral collective bargaining on wages and inequality, James, Keith and Nicola shed light on the bill’s potential impact on workers and the challenges it faces in addressing systemic problems within the employment landscape.

Chapters

00:00 Worker Status, Worker Rights: Closing The Gaps In The Employment Rights Bill

00:01 Welcome

01:33 Five Questions The Bill Must Address

03:27 Protecting Workers from Unfair Dismissal

06:22 Day One Rights In Perspective

09:01 Probation Periods And Short-term Contracts

10:18 Why Worker Status Needs Reform

16:27 A Two-Part Framework for Employment Status

18:00 Case Study: Supreme Court Ruling On Deliveroo Riders

22:19 Zero Hours Contracts: People As Commodities

26:15 Lord Hendy's Status Of Workers Bill

28:12 Collective Bargaining Beyond The Adult Social Care Sector

29:42 Thank You for Listening

Credits:

The IER podcast is supported by Thompsons Solicitors.

This podcast is produced for IER by Creative Kin.

To find out more, visit creativekin.co.uk/ier

Recorded at Creative Kin's London studios.

Studio Producer and Editor: Jason Caffrey

Theme Music: Daniel Jorgensen

"Having a Proactive duty on employers to keep their workplace free of sexual harassment is, in principle, a very good step forward.

The way in which it's formulated is that the employer must take on all reasonable steps to prevent sexual harassment, and the key issue is what are all those reasonable steps?"

In the sixth episode of the Institute of Employment Rights podcast, equality and discrimination experts Professor Sandy Fredman and Dr. Joe Atkinson analyse the Labour Party's proposed changes to equality legislation and their impact on workers through the Employment Rights Bill, the Equality Race and Disability Bill, and other forthcoming legislation.

The discussion, hosted by IER director James Harrison, covers new proactive duties on employers to prevent sexual harassment, the implications of extending paternity leave, the impact of mandatory pay gap reporting for ethnicity and disability, and the socioeconomic duty on public bodies.

The episode also explores the challenges posed by AI in the workplace, including the need for regulatory measures to ensure compliance with employment laws and equality standards.

Chapters;

00:00 Welcome

07:33 Equality Action Plans

10:25 Including outsourced workers in pay gap reporting

12:52 Changes to paternal leave

23:12 AI and equality in the workplace

28:05 Socio-economic duty - will it finally be enacted?

32:59 Thank you for joining the debate

Credits:

The IER podcast is sponsored by Thompsons Solicitors.

For Thompsons resources and advice on Trade Union law visit thompsonstradeunion.law

This podcast is produced for IER by Creative Kin.

To find out more, visit creativekin.co.uk.

Recorded at Creative Kin's London studios.

Studio Producer and Editor: Jason Caffrey

Theme Music: Daniel Jorgensen

Unmasking the weaknesses in Labour's plan to tackle fire and rehire and zero-hours contracts.

"This is not ending fire and rehire, this is facilitating fire and rehire." - Professor Keith Ewing

In this episode of the Institute of Employment Rights podcast, we delve into the Labour Party's proposed Employment Rights Bill with labour law experts Professor Keith Ewing and Neil Todd.

Topics discussed:

Zero-hours contracts: Do the bill's provisions offer genuine job security and prevent exploitation for workers on these contracts?

Fire and rehire: Does the bill truly ban this practice or does it inadvertently provide a roadmap for employers to continue using it?

Loopholes and limitations: Ewing and Todd highlight potential weaknesses in the bill, including vague definitions, limited enforcement mechanisms, and a lack of compensation for workers who lose their jobs due to fire and rehire.

International examples: The episode explores how other countries, like Australia, have successfully tackled fire and rehire and what lessons the UK can learn.

The role of unions: The experts emphasize the need for stronger unions and greater worker involvement in decision-making processes to prevent exploitative practices.

Key takeaways:

While the Employment Rights Bill offers some positive steps, it falls short of providing comprehensive protection for workers.

Stronger enforcement mechanisms, clearer definitions, and greater union involvement are crucial to ensure fair labour practices.

The UK can learn from international examples to create a more robust and equitable legal framework for workers.

Chapters:

00:35 Welcome

01:28 The Rise of Zero-Hours Contracts: A Backward Step for Workers

12:05 Fire and Rehire: Lessons from the P&O Scandal

18:33 Accountability and Remedy: Where the Bill falls short

22:41 Employment Law Long View: Historical and International Perspectives

29:19 Empowering Unions: The foundation of Workers' Rights Protection

30:00 Thank You

Credits:

The IER podcast is sponsored by Thompsons Solicitors.

For Thompsons resources and advice on Trade Union law visit thompsonstradeunion.law

This podcast is produced for IER by Creative Kin.

To find out more, visit creativekin.co.uk/ier

Recorded at Creative Kin's London studios.

Studio Producer and Editor: Jason Caffrey

Theme Music: Daniel Jorgensen

"This is the first realistic chance we've had to revise the industrial relations structure of this country since Mrs. Thatcher came to power in 1979."

- Lord John Hendy KC

Will the Employment Rights Bill improve pay and conditions for British workers?

Leading labour law experts Lord John Hendy KC and Prof. Keith Ewing address the absence of sectoral collective bargaining from the Labour government’s new Employment Rights Bill.

These two industrial relations law heavyweights argue that the Bill leaves UK workers vulnerable to exploitation from companies hostile to collective agreements.

"The minimum wage is the ceiling, and there's nothing above it."

- Professor Keith Ewing

They expound Britain’s historical sectoral bargaining arrangements, their evisceration under Conservative Prime Minister Margaret Thatcher, and the urgent need to reinstate trade union powers to negotiate effectively across entire industries.

Hosted by Institute of Employment Rights Director, James Harrison.

Topics & Questions:

Sectoral Bargaining: Why is it crucial for improving wages and working conditions?

Legislative Limitations: Does the Bill adequately address the need for sectoral bargaining?

Government Responsibility: Should the government take a more active role in promoting sectoral collective bargaining?

Chapters:

00:04 Welcome

02:16 Sectoral Collective Bargaining: Why It Matters

05:19 Britain's Low Collective Coverage

06:50 Minsters Control Bargaining

08:39 Stable Labour Costs And Higher Tax Revenues

11:28 Now Or Never For Collective Bargaining

14:16 US Vs European Model

16:27 Successful Economies Use Sectoral Bargaining

19:43 Recognition Procedures: A Fatal Weakness

24:51 The Outlook for Terms And Conditions

28:49 Thank You For Joining Us

Takeaways:

Sectoral collective bargaining is essential for achieving fair wages, better working conditions, and a more equitable society.

The Employment Rights Bill misses a generational opportunity to strengthen workers' rights by failing to adequately support sectoral bargaining.

Without reform, the UK risks continued wage stagnation and deteriorating working conditions.

Credits:

The IER podcast is sponsored by Thompsons Solicitors.

For Thompsons resources and advice on Trade Union law visit thompsonstradeunion.law

This podcast is produced for IER by Creative Kin.

To find out more, visit creativekin.co.uk/ier

Recorded at Creative Kin's London studios.

Studio Producer and Editor: Jason Caffrey

Theme Music: Daniel Jorgensen

"Having the right to strike doesn't mean you have to exercise it. The point is to have the right in order that workers ultimately have leverage in negotiations."

- Lord John Hendy KC

Without improved support for workers’ right to strike, will Labour’s new Employment Rights Bill leave British workers over-exposed and under-protected?

In conversation with Institute of Employment Rights Director, James Harrison, leading labour law experts Lord John Hendy KC and Prof. Keith Ewing address the failure of the Bill to meet the UK's obligations under international employment law.

They question if the new bodies created under the Bill have the teeth to fill the void left by a properly resourced Ministry of Labour - Britain is one of only a handful of developed nations that do not have a Labour Minister running their own department.

" Businesses, employers will be laughing at unions all the way through the process, because they know that at the end of the day, they can keep the union out."

- Professor Keith Ewing

Pointing to the shortcomings in the Bill regarding the right to strike, union access to workplaces and adequate enforcement agencies, these two industrial law heavyweights raise the prospect that - even under the new legislation - there could be a repeat of the P&O case, where almost 800 sailors were summarily dismissed.

Topics & Questions:

The Right To Strike: Is the UK violating international law by restricting workers' right to strike?

Still No Ministry Of Labour: Will the new Fair Work Agency be strong enough to truly protect workers?

Workplace Access: Can unions overcome the obstacles in Labour's new bill to effectively advocate for workers?

Chapters:

00:00 Welcome

01:26 The Right To Strike: A Fundamental Human Right

02:51 Britain's International Obligations On The Right To Strike

05:15 Electronic Ballots For Strike Action

08:03 Labour Party Commitments Dropped

15:28 Workplace Access Rights For Trade Unions

19:51 Remedies For Unions Vs Employers: A Legal Mis-Match

21:21 Union Access: How It Works Outside The UK

23:21 New Agencies, Limited Powers, No Labour Ministry

28:08 Inadequate Enforcement On Behalf Of Workers

32:28 Thank You For Joining Us

Takeaways:

Workers’ Rights: 

The UK's restrictive strike laws, particularly compared to international standards, undermine workers' bargaining power.

This imbalance makes it harder for unions to negotiate fair wages, secure better working conditions.

It also makes it harder to protect against unfair dismissal, ultimately leaving workers vulnerable to exploitation. 

Inadequate Enforcement: 

Despite the promise of a new Fair Work Agency, its limited powers and narrow focus raise serious doubts about its ability to protect workers. 

Without the ability to prosecute employers or address a wider range of labour violations, the agency may struggle to prevent future mass dismissals and other abuses.

This situation will leave workers reliant on lengthy and costly legal battles to defend their rights - without much confidence of adequate compensation should they win.

Unions Blocked: 

Although Labour's bill offers some positive changes, like simplifying ballot procedures, it falls short of addressing key obstacles to union organising and strike action. 

Unions will still need to navigate complex legal hurdles and employer resistance to gain workplace access and effectively exercise their right to strike.

This highlights the need for strategic planning and continued advocacy for stronger worker protections.

Credits:

The IER podcast is sponsored by Thompsons Solicitors.

For Thompsons resources and advice on Trade Union law visit thompsonstradeunion.law

This podcast is produced for IER by Creative Kin.

To find out more, visit creativekin.co.uk/ier

Recorded at Creative Kin's London studios.

Studio Producer and Editor: Jason Caffrey

Theme Music: Daniel Jorgensen

Welcome to the new 2nd season of the Institute of Employment Rights Podcast. In this episode, Prof Nicola Countouris (UCL & IER) and Lord John Hendy KC (UCL & IER), discuss the implications of the Government's new Employment Rights Act (2025).

Topics covered are:

- Worker Status

- Sectoral bargaining

- Industrial Action Legislation

- Effective remedies for workers

- Could P&O happen again after the Act?

In the latest episode of ‘Working Life’, IER Chairperson Lord John Hendy KC discusses the right to strike in the UK with Professor Tonia Novitz, a leading academic in labour law at the University of Bristol Centre for Law at Work. She sits on the advisory board of the International Lawyers Assisting Workers (ILAW) and is co-editor of ‘The Right to Strike Reimagined’ (Bloomsbury 2026,) as well as co-author of ‘The Right to Strike in International Law’ (Bloomsbury 2021). 

In this second instalment of the Working Life Podcast, Lord Hendy KC and Professor Novitz begin with a historical discussion of the first recorded instances of strike action in Ancient Egypt, and what we mean today by calling for an enshrined positive ‘Right to Strike’. The Employment Rights Act 2025 took the necessary step of repealing contemporary anti-union legislation such as the majority of the Trade Union Act (2016) and the MSL (Strikes) Act 2023, and our speakers discuss how far this will go to address the restrictions that have been placed on workers’ ability to strike over the past 40 years. 

Chapters:

00:00 Introduction to the Right to Strike and its History

07:37 What is meant by exercising the ‘Right to Strike’

13:06 Contemporary attempts at restricting the power to take industrial action

14:40 The Employment Rights Act 2025 and the right to strike omission

18:30 The P&O Ferry dispute 

21:17 New changes to balloting, picketing law and strike mandates

25:40 The extension of protection from dismissal and detriment for taking industrial action

28:00 International Labour Standards and the Right to Strike

35:20 The Role of the International Labour Organization

Key quotations:

“The architecture and framework of very coercive [anti-union] legislation has been retained. This Government has modified and repealed aspects of the TU act 2016, and more importantly that terrible piece of legislation the Minimum Services Levels (Strikes) Act 2023, but that requirement of a ballot, those requirements of notification to the employer, though they have been tinkered with and are not as cruel and stringent as they were, they do basically remain the same”. (Professor Novitz)

 “Without some kind of solidarity action being possible […] you had no way to place adequate pressure on the employer to adhere to their collective agreements and to pay workers a reasonable sum for their labour or even to comply with the law” (Professor Novitz on the P&O Ferry dispute)