A long Amendment Paper on the Employment Rights Bill has just been tabled.
The key proposed changes from the Government include:
1. Extending the time limit for bringing all tribunal claims from 3 months to 6 months. This is a significant change and we have no idea why it was missed out from the original Bill.
2. Changing the definition of ‘initial period of employment’ for the purposes of unfair dismissal becoming a day one right. It is now clear that the initial period of employment, to be set out later in Regulations, must be between 3 and 9 months.
3. Various changes to the provisions relating to guaranteed hours which don’t appear to make any real difference to the complex way in which these provisions are currently structured.
4. Changes to the rules on payments when shifts are cancelled, moved or curtailed at short notice, include giving the tribunal discretion on whether to make an award and further discretion as to what that payment should be, taking account of the ‘seriousness of the matter’.
5. Adding menstrual problems and menstrual disorders to the definition of “matters related to gender equality” which, under separate Regulations, employers may be required to produce equality action plans on.
6. Clarification that the right of trade unions to access workplaces will not extend to any workplace which is also a dwelling.
The following changes are ‘moved’ (i.e. proposed) by other politicians in the same document:
(a) A clause which would render void any non-disclosure agreement insofar as it prevents the worker from making a disclosure about harassment (including sexual harassment).
(b) A clause prohibiting the use of ‘substitution clauses’ in employment, worker or independent contractor contracts.
There are also some other minor changes proposed which are presumably as a consequence of the new legislation being rushed out in the government’s first 100 days (as they had committed to do before the election). Perhaps we should all be thankful that they are being ironed out now and not after the Bill has become law (when it’s too late)!
Good luck digesting all of this new information, but it is stuff all employers are going to need to have an understanding and working knowledge about.
Once it all becomes law next year or in 2026, we will of course be able to provide more detailed guidance.