In October, the Government published its landmark Employment Rights Bill. See our article on this topic: “New Employment Rights Bill: Key Implications for Employers”. Seven weeks later, the Government has released an Amendment Paper, containing proposed updates to the Bill. The proposed amendments are wide ranging, including some Government amendments and some non-Government amendments.
Key government-proposed amendments
The Amendment Paper includes a range of Government proposals designed to update employment law and address current gaps in workplace protections. These amendments are considered to be more likely to progress.
- The extension of the time limit for bringing claims in the Employment Tribunal - the limit has been stretched from 3 months to 6 months for all Tribunal Claims (including discrimination, unfair dismissal and whistleblowing claims) giving employees much more time to enforce claims against their employers. This change will provide employees with significantly more time and flexibility to bring a claim and it may also allow both parties greater opportunity to explore internal procedures and resolution without the same time pressure as there is now. On the other hand, it could open claims to a whole raft of employees who would have otherwise fallen foul of the relatively tight 3 month deadline - it will be interesting to see how the already strained Tribunals deal with an even more demanding case load.
- Cap on compensatory awards - empowering the Secretary of State to impose a cap on compensatory awards for employees unfairly dismissed during the initial employment period established under the Bill.
- Guaranteed hours to zero-hours and low-hours workers - requiring employers to inform workers about their rights to guaranteed hours during an "initial information period" and formally notify them of exceptions. Tribunal claims may be brought for breaches.
- Payment for shift cancellations – there is clarity over short notice cancellation or curtailment of shifts, including giving the Tribunal discretion over whether to order compensation and the amount payable.
- Trade union access - it is confirmed that access rights will not extend to workplaces which are also dwellings.
Non-government amendments
There are also reforms put forward by individual politicians, rather than the Government itself. These amendments are thought to be less likely to be adopted, some of which include:
- Initial period of employment - for unfair dismissal to become a day-one right, the ‘initial period of employment’ must now be defined. This period will be between 3 to 9 months during which a less onerous procedure for dismissal is anticipated. The Government intends to pass secondary legislation in respect of this ‘probationary’ period, lessening the obligations on employers when making dismissals during that time.
- Gender equality - the definition of “matters related to gender equality” is expanded to include menstrual problems and menstrual disorders. These will now need to be included in any equality action plans required by large employers.
- Non-disclosure agreements - this is a reform put forward by Liberal Democrat MP Layla Moran and it makes a non-disclosure agreement invalid if it tries to stop a worker from making a disclosure about harassment (including sexual harassment). See our article on this topic: “Duty to Prevent Sexual Harassment at Work.”
- Prohibition on substitution clauses - this aims to prohibit the use of substitution clauses in employment or worker contracts.
- Statutory family leave and pay - : Liberal Democrat MPs have proposed doubling statutory family pay rates, extending paternity leave to six weeks (to be taken within 52 weeks of birth), and introducing kinship care leave. Another amendment would require employers with 250 or more employees to publish information about their parental leave and pay policies.
It now remains for the Public Bill Committee to debate the Bill, as amended, over the next 2 months. The Committee will hear evidence from a number of academics, industries, and trade unions during that time, with a view to reaching a conclusion on the Bill on 25 January 2025.
How we can help
Though we are currently unsure exactly when the new timescales will apply in the extension of time limits to bring a claim in the Employment Tribunal, we can help you to keep up to date with the evolving landscape.
Please don’t hesitate to get in contact for assistance or support in complying with the new changes being proposed.
For assistance or support in complying with the new changes being proposed, please don’t hesitate to contact christine.caffrey@salaw.com, or by calling 01727798021.
