Labour has been warned its plan for workers' rights could overwhelm employment tribunals by granting day-one protections to millions of employees.
The opposition's plan to introduce the biggest overhaul of workers' rights in a generation will include providing employee protections from unfair dismissal from the first day of employment.
The plans also include the right to switch off and a ban on zero-hours contracts.
Current laws mean an employee needs to have worked for a company for two years to claim for unfair dismissal.
Labour has been warned its plan for workers' rights could overwhelm employment tribunals by granting day-one protections to millions of employees
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Ben Smith, a lawyer at GQ Littler, warned that the changes could "potentially open up a lot of claims", noting that the system is already suffering from backlogs.
Starmer's plans include the creation of a single body to oversee the enforcement of protections. The party said the body would be able to deal with disputes "before the escalate".
But it is thought that many cases, including unfair dismissal, will still be handled by employment tribunals.
There are currently around 50,000 unresolved cases waiting to be handled at tribunals, with approximately a 49-week wait for a preliminary hearing.
Smith told the Times: “I think the risk is the tribunal is slow, there’s a big backlog, it’s getting better but it’s still slow.
"So if you’ve got that influx of new cases from people who previously wouldn’t have a claim, I think it will take us back to the very very big backlogs, very slow process for claims, just because there is not the resource, and then it’s a lose-lose.
"What often happens is that employees will drop claims or just won’t bring claims at all because it takes a long time, and then employers with good cases, if they’ve got a good defence, they will feel pressure just to settle just to get it out of the way rather than wait two years.”
He added: "There is little or no further capacity in employment tribunals across the country — a spike in claims would cause even longer backlogs."
But a Labour spokesman said: “Labour’s new deal for working people will update employment regulations so they are fit for the future, benefiting working people and employers alike by raising standards across the economy.
“Key to this will be enabling employment disputes to be resolved before they escalate, including through the creation of a new single enforcement body to uphold rights in the workplace.
“This body will stop the race to the bottom on workers’ rights and give business the support they need to follow the law, with the right support, we know that many employers want to work with us to harness the benefits of a more level playing field.”
Labour's plans also involve the extension of the time limit for bringing an unfair dismissal claim, increasing it from three to six months.
The aim of the increase is to try and give more time for disputes to be resolved in another way and reduce the number of cases that end up in a tribunal.
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Smith said some businesses would find the measures a "shock" but said it also allows for an opportunity to "create a more agile workforce with employees more willing to move between jobs if length of service becomes less tied to employment protections".
He added: "This may prove to be bother a blessing and curse for employers, making it easier to attract talent but more difficult to retain it."
