From Legislation to Reputation: What the Employment Rights Bill Means for Employer Brand Communications

The Employment Rights Bill 2024 is being heralded as the most comprehensive shake-up of workplace protections in decades. For law firms and their clients – whether employers, trade unions or individual workers – the Bill presents not just a legal turning point, but a reputational one.

Handled well, it offers a chance to reaffirm values, rebuild trust in work and align internal culture with public purpose. Handled poorly, it risks backlash, confusion and a widening gap between policy and practice.

As an integrated communications agency that is working with the Institute of Employment Rights (IER) to help strengthen the Bill, we believe now is the moment for employers and legal professionals alike to take stock of their messaging and match it with meaningful action.

Political context of Employment Rights Bill

The Employment Rights Bill UK is part of the current government’s wider labour policy agenda, including its “Plan to Make Work Pay.” It aims to introduce day-one protections against unfair dismissal, ban exploitative zero-hours contracts, enforce fairer flexible working practices and strengthen sick pay, parental and carer leave and trade union rights.

Yet while the headlines sound promising, the IER – a legal think tank supported by academics, trade unions and lawyers – warns that the Bill in its current form contains loopholes that could render it ineffective. Fire and rehire, for instance, is not truly outlawed, as employers can still dismiss staff under the vague pretext of ‘likely financial difficulties’ – with no requirement for independent verification.

As IER Director James Harrison puts it: “If P&O were to happen under this new legislation, it would all happen in exactly the same way. There is nothing in the new law to stop a company from replacing workers with agency staff on lower pay and worse conditions.”

This tension – between promise and reality – sets the backdrop for what employers, workers and law firms say and do next.

Communications as compliance and credibility

Many employers will approach the Employment Rights Bill 2024 as a compliance issue. Update contracts. Review policies. Train managers. Move on.

But for those who care about employer brand, that won’t be enough.

In today’s climate, how you communicate change matters just as much as the change itself. Employees want clarity. The public wants transparency. And clients – whether employers or workers – want to see values backed up with action.

Here’s how law firms and the organisations and individuals they represent can respond, credibly and confidently.

1. Internal communications: explaining, not just complying

This is not a moment for HR jargon or opaque legalese. Employers will need to:

• Translate the Bill into plain English for employees
• Set out what’s changing, when and why
• Acknowledge any uncertainty or gaps in the legislation
• Provide forums for questions and concerns

Tone is everything. The right internal comms strategy can foster trust and reduce confusion – especially where expectations (eg over employee rights like predictable hours or dismissal protection) outpace legal reality.

2. For law firms: practise what you advise

Law firms advising clients on employment legislation in the UK – whether employers, unions or individuals – should expect scrutiny of their own workplace practices. Clients and prospective hires alike will be watching how firms treat their people, communicate change and engage with trade union rights.

This is a prime opportunity to:

• Strengthen your own employer brand through transparent messaging
• Share your stance publicly, especially if you support improvements to collective bargaining or union recognition
• Use thought leadership content to help clients navigate the gap between legal obligation and moral leadership

3. Employer brand: aligning values with practice

The Employment Rights Bill will become a litmus test for organisations claiming to value fairness, dignity and inclusion. In particular:

• Public messaging must reflect internal reality – especially for businesses operating in the UK with publicly stated ESG (Environmental, Social and Governance) values
• Language must strike the right tone: proactive, not performative
• Leaders must be prepared to speak with honesty about challenges and commit to closing the gap between legal minimum and best practice

This is as much about reputation management as it is about policy.

A Freshwater case in point

Freshwater has been supporting the IER through a strategic media campaign that highlights the Bill’s shortcomings and advocates for stronger worker protections.

By aligning activity with key parliamentary stages and media interest, the campaign has secured national coverage in The Daily Mail, The Daily Express and Personnel Today. It has helped the IER challenge narratives from business lobby groups and call for bolder action on issues such as fire and rehire, zero-hours contracts and collective bargaining.

The work shows how communications, used strategically, can shift public discourse and ensure progressive voices are heard.

Whether or not the Employment Rights Bill UK delivers on all its promises, it’s already shifting expectations – from Westminster to the workplace.

For employers, the challenge is to demonstrate they’re not waiting for regulation to do the right thing. For law firms, the challenge is to lead with clarity and consistency – both in client work and internal culture.

And for all of us working in communications: this is our brief. To explain change. To hold space for debate. And to make sure that, as workers’ rights develop, so too does the story we tell about the workplace.

If your organisation needs support communicating the impact of the Employment Rights Bill 2024 – internally or externally – please email us at hello@freshwater.co.uk or call 029 20 30 40 50. Let us help you prepare, so you can respond with confidence when it matters most.