The Employment Rights Bill shift the balance too far in favour of workers at the expense of bosses, and will strangle job creation as a result, says John Caudwell
As an entrepreneur, I built successful businesses that employed many thousands of people. That experience taught me two things. First, Britain’s prosperity depends on successful employers creating good jobs. Second, common sense in employment law is the glue that can hold that success together.
However, the Employment Rights Bill, now pinging back and forth between the Commons and Lords, risks unravelling that balance. Its backers say they want to protect workers, but the brutal reality is they could strangle opportunity for everyone, employers and employees alike.
My view is that our current labour laws strike a sensible compromise between fairness and flexibility. Employees have extensive rights: paid holiday, parental leave, protection against discrimination, a minimum wage and a clear route to challenge dismissal if they’re treated unjustly. Employers, in turn, retain enough freedom to manage and grow their businesses sensibly and responsibly.
That equilibrium has underpinned decades of job creation, while I believe the proposed shift to ‘day-one rights’ threatens it. The existing two-year qualifying period before full unfair-dismissal protection is not some kind of corporate cruelty – it’s a practical reality.
Managing people isn’t about snap judgments. Good leaders invest months, and often years, coaching, training and giving staff every chance to improve and develop. Sometimes you know within weeks if someone is shining or struggling, but in most cases, performance evolves over time.
Jobs killer
Scrap it and you will see fewer hires, not more. Day-one rights sounds compassionate but, in practice, it’s a potential jobs killer. Businesses will simply play it safe rather than risk a legal minefield from day-two, which will result in freezes in recruitment and encourage greater use of automation and AI.
Zero-hours contracts are another misunderstood target. I’ve never personally used them, but I can see how they can work for both employer and employee. One of my team once told me how invaluable that flexibility was while they were studying: work when you can, say ‘no’ when you can’t.
Abolish that model and you don’t magically create full-time jobs, you risk eliminating part-time opportunities for those who really need them most. After all, some work, even on flexible terms, is surely better than none at all.
If we make employing people too risky or complex, then job opportunities will simply go elsewhere, and it’s already happening. Some businesses are offshoring call-centre and back-office roles to India or South Africa, not because they want to, but because costs, compliance and red tape make Britain uncompetitive.
Personally, I always preferred to keep jobs here: you get better quality control, tighter management and loyal teams. But, if you add more regulatory risk, this tilts the equation further towards outsourcing, and that’s simply the harsh reality.
The Bill also ignores a deeper cultural problem, which is that we’ve become too quick to label every struggle a mental-health crisis. Of course, genuine illness exists and deserves empathy, compassion and support. But somewhere along the line, resilience has become unfashionable.
In my generation, you fought adversity; now too many young people are encouraged to surrender to it. Social media feeds that fragility, with its endless stream of curated perfection making ordinary life look like failure.
Instead of addressing those social pressures – and improving education, skills and access to opportunity – politicians are reaching for more employment law, as if legislation can insulate people from every disappointment at work, which it can’t. What people really need is meaningful work in a growing economy, not the illusion of security delivered by clumsy statute.
We have also seen, painfully, what happens when policy shifts too far away from enterprise. In the 1970s, over-powerful unions and rigid labour laws nearly brought Britain to its knees, crippling productivity, stifling innovation and driving away vital investment.
Now, the Bill proposes measures that would see unions enter businesses of any size in an officially recognised capacity, imposing huge operational burdens whilst limiting growth and productivity.
Meanwhile, the current 50 per cent turnout rule for strike ballots is a minimum safeguard, ensuring that disruption is truly representative. If we dilute that threshold, we risk reviving the paralysis of the past at the very moment we need to be firing on all cylinders.
In a world changing this fast, with rapid advancement in AI technology, we need agile businesses and a nimble labour market, not rigid and potentially stifling new rules.
Parliament may keep batting this Bill back and forth, but the principle is simple: Britain doesn’t need more employment law, it needs more employment.
Support the job creators, encourage enterprise, and protect the truly vulnerable – because a prosperous, compassionate Britain begins with the freedom to work, to hire and to grow.
John Caudwell is a British entrepreneur, philanthropist and founder of Phones 4u. Let him know what you think of his views by joining his conversation on [https://www.linkedin.com/in/johndcaudwell/]