An Amendment Paper on the Employment Rights Bill, spanning over 53 pages, has been tabled, introducing several significant changes.
What are the key proposed amendments and their potential impact?
Extended time limit for tribunal claims
One of the most notable changes is the extension of the time limit for bringing all tribunal claims from 3 months to 6 months. This is a substantial shift, providing employees with more time to file claims, which could lead to an increase in tribunal cases.
Redefining the initial period of employment
The definition of the ‘initial period of employment’ for unfair dismissal claims is set to change. The new regulations will specify that this period must be between 3 and 9 months, making unfair dismissal a day-one right after this timeframe.
Adjustments to guaranteed hours provisions
Various changes have been proposed to the provisions relating to guaranteed hours. However, the adjustments do not appear to make any material difference to the complexity of these provisions.
Shift cancellation payment rules
The rules regarding payments, when shifts are cancelled, moved, or curtailed at short notice, are also being revised. Tribunals will now have discretion on whether to make an award and determine the payment amount based on the seriousness of the matter.
Menstrual health and gender equality
Menstrual problems and menstrual disorders are being added to the definition of “matters related to gender equality”, which, under separate Regulations, employers may need to produce equality action plans.
Trade union access clarification
The right of trade unions to access workplaces will be clarified, explicitly stating that this right will not extend to any workplace that is also a dwelling.
Additional proposals by politicians
Other politicians have proposed further amendments, including:
- Non-disclosure agreements: A clause rendering any non-disclosure agreement void if it prevents a worker from disclosing harassment (including sexual harassment).
- Substitution clauses: A clause prohibiting the use of substitution clauses in employment, worker, or dependent contractor contracts.
Minor adjustments
The Amendment Paper also includes numerous minor changes aimed at refining this ambitious piece of legislation. These tweaks are essential for ironing out issues before the Bill becomes law.
Comment
While some of these changes might seem minor, others have significant implications for both employers and employees. Extending tribunal claim time limits and redefining initial employment periods could reshape employment rights fundamentally. Employers should stay informed and prepare for these potential changes to ensure compliance and maintain fair workplace practices.
For more detailed advice on how these amendments might affect your business or employment rights, please contact our employment team. We’re here to help you navigate these changes effectively.
How can we help?
Rebecca Arnold is an Associate in our expert Employment Law team, providing advice on a wide range of contentious and non-contentious matters including unfair dismissal, unlawful deduction of wages, whistleblowing and discrimination claims.
For advice on or further information in relation to the subjects discussed in this article, please contact Rebecca or a member of our team in Derby, Leicester, or Nottingham on 0800 024 1976 or via our online form.
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