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Employment Rights Act could drive rise in insecure work, research suggests

The study from Employment Hero found that one in five (20%) small businesses plan to increase their use of contractors or temporary staff in response to the reforms.

Employment Rights Act could drive rise in insecure work, research suggests
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Upcoming changes under the Employment Rights Act could lead to an increase in temporary and contract-based roles, potentially creating a more precarious labour market, according to research from Employment Hero.

The study found that one in five (20%) small businesses plan to increase their use of contractors or temporary staff in response to the reforms, which are set to come into effect in April.

The company said this could result in a two-tier workforce, with more individuals working outside the scope of employment protections such as sick pay, guaranteed hours and other benefits.

Employment Hero’s platform data, based on more than 120,000 employees across around 4,500 businesses, suggested shifts in hiring patterns may already be emerging.

Month-on-month employment growth in part-time roles fell by 0.3% in February, including a sharper decline of 3.6% among Gen Z workers.

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In contrast, full-time roles saw growth of 0.9% over the same period.

The findings indicate a labour market becoming more polarised between secure full-time employment and more flexible, but less protected, forms of work.

The survey also found that businesses are considering a range of measures to manage rising costs.

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Around 30% said they are considering increasing prices, while 29% are reviewing salaries and benefits.

Business confidence around the reforms appeared mixed, with 84% of small business leaders expecting to make changes in response to the legislation and 78% anticipating a financial impact.

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Flexible working requests (35%) and changes to Statutory Sick Pay, including it becoming a day-one right (25%), were among the most commonly cited concerns.

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The National Minimum Wage increase was identified as the leading wider legislative pressure, cited by 40% of respondents.

However, the research suggested a lack of understanding around the reforms.

Only 28% of those surveyed said they understood the specific requirements of the legislation, while 26% reported having little to no knowledge.

Kevin Fitzgerald, UK managing director at Employment Hero, said: “The Employment Rights Act was designed to deliver more security for workers.

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“But our data suggests it could have the opposite effect for a significant number of people.

“Businesses may rationally respond to added complexity by shifting toward contractor and temporary employment models, but that shift could come at a cost to workers who end up outside the system entirely.

“The conversation so far has focused on what the reforms mean for businesses. We think it’s time to ask what they mean for the people they were supposed to help.”