9 key amendments to the draft Employment Rights Bill:
- Guaranteed hours
There are various changes to the provisions relating to guaranteed hours, but sadly they don’t simplify the complex way in which these provisions are currently structured. - Payments for shift cancellations / changes
The tribunal can use their discretion to make an award when an employer has failed to make a payment. They can also decide what that payment should be, taking account of the ‘seriousness of the matter’. - Extended time limits for tribunal claims
The addition of a new Schedule will have the effect of extending the time limit for all tribunal claims from 3 months to 6 months - Clarification of the ‘Initial Period of Employment’
The original draft Bill made unfair dismissal a Day One right but left some wriggle room by allowing for different rules to apply during an ‘initial period of employment’ (IPE). Notably, it didn’t clarify how long the IPE might be. A provision is now included stating that the IPE will be not less than 3 months and not more than 9 months. - Menstrual health added to equality planning
Menstrual problems and disorders will be added as a defined aspect of “matters related to gender equality.” This means employers may need to include them in equality action plans. - Limits on trade union access
The right of trade unions to access workplaces doesn’t include any workplace which is also a dwelling.
Additional changes have been proposed by MPs:
- No more gagging on harassment
A proposed clause would void any non-disclosure agreement (NDA) that tried to stop workers from reporting harassment, including sexual harassment. - Banning substitution clauses
Substitution clauses allow workers to send someone else to do their job. If this change passes, these clauses will need to be removed from employment, worker, or dependent contractor contracts.
It remains to be seen how many of these changes will stick as the Bill continues its progress through the House of Commons. That said, the extension of time limits are likely to be here to stay, as they occupy an entire Schedule and reflect one of the Government’s election pledges.
Useful reading
- The Amendment Paper can be accessed here.
- Employment Rights Bill – Top 8 significant changes – Hunter Law
- Employment Rights Bill: factsheets – GOV.UK
- Post General Election update – How will a Labour Government impact your workplace? – Hunter Law
If you enjoyed this blog then perhaps you’d like to sign up to our monthly newsletter. We’ll keep you updated on what’s new in employment law.
The team at Hunter Law is here for you. We can handle your HR issues, finesse your policies, and keep you up-to-date on evolving legislation. Please get in touch with our legal team, we’d love to help.
