EMPLOYMENT RIGHTS BILL

Nick Babington explains what the new Employment Rights Bill covers

NICK BABINGTON

Nick Babington has been an executive board member for several group businesses for 16 years. Currently with Croner Group Ltd, he delivers client-based solutions to businesses of all sizes and advises on employment law, health and safety legislation, mental health, and good commercial practice. His main objective is to demonstrate the necessity of keeping your business up to date with the constant changes in employment law and business safety, whilst unravelling the potential pitfalls that can catch out all employers, however well-meaning their intentions.

On June 13, ministers revealed their plan to “make work pay”. The Employment Rights Bill is designed to deliver economic security and growth to businesses, workers, and communities. In full, 28 changes have been proposed.

END FIRE AND REHIRE SCHEMES

The new Employment Rights Bill will put a stop to the use of ‘fire and rehire’, or ‘fire and replace’ schemes, that left employees and workers at the mercy of bullying threats.

Labour’s plans are to reform the law and provide remedies against the inadequate statutory code, with a strengthened code of practice.

Removing these schemes will leave workers safe in the knowledge that they will have to negotiate their terms and conditions, instead of having them changed under the threat of dismissal.

BAN ON EXPLOITATIVE ZERO-HOUR CONTRACTS

Labour has proposed banning exploitative zero-hour contracts and one-sided flexibility to ensure that all jobs have a baseline level of security and predictability.

As of this, employers will be obligated to offer regular hours and give reasonable notice and compensation for shift changes or cancellations.

INTRODUCTION OF BASIC WORKER RIGHTS FROM DAY ONE

One of the proposals has included ensuring employees have access to basic rights on day-one of employment. These include sick pay, parental leave and protection from unfair dismissal.

However, this bill doesn’t remove the ability to dismiss an employee fairly, for reasons of capability, conduct, redundancy, or probation periods with fair and transparent rules.

EXTEND PROBATION PERIODS

Probation periods for new starters are set to be extended. This will allow employers to carry out proper assessments to see the employee’s suitability for the role, and reassure them of their day one rights.

IMPROVE SICK PAY RIGHTS FOR WORKERS

Labour has proposed plans to remove the Lower Earning Limit (LEL) and the waiting period. The new system they are planning to put into place will provide a fair earning replacement for individuals who earn below the current rate of Statutory Sick Pay (SSP).

IMPROVED FLEXIBLE WORKING ARRANGEMENTS

Labour has proposed to further enhance flexible working arrangements making these the default position from day one of employment where practical.

PROMOTE THE RIGHT TO SWITCH OFF

The right to switch off offers the opportunity to promote better worklife balances for employees. This isn’ t currently in the Bill but is proposed as part of plans for next steps and future reform. Employers won’t be able to make unnecessary communication with their employees outside of their work hours or shift patterns.

Not only will this help improve the work-life balance, but it will ensure that employees are taking proper breaks inbetween their shifts.

LEGAL PROTECTION FOR PREGNANT WOMEN

Labour has proposed strengthening legal protections for pregnant women. The change will make it unlawful to dismiss a pregnant woman during their pregnancy and in the six months following her return (unless there are specific circumstances).

BETTER PAY IN ADULT SOCIAL CARE

Labour has proposed establishing a new ‘Fair Pay Agreement’ for the adult social care sector. This will help individuals and trade unions to negotiate for better pay and work conditions. It is hoped that it will help tackle the recruitment and retention issues the sector experienced.

REINSTATE SCHOOL SUPPORT STAFF NEGOTIATING BODY

Labour has proposed reinstating the school support staff negotiating body. Its main responsibility will be to create a national terms and conditions handbook, training, career progression routes and fair pay rates for support staff. The effects of this will allow schools to hire and retain more staff.

UPDATE TRADE UNION LAWS

The employment rights bill will update the trade union legislation and aims to align it with the current economic needs. The update will help to improve industrial relations that are based on good faith, negotiations and bargaining.

If you need support or advice on how the new government is going to affect employment law, get in touch by emailing nick.babington@croner.co.uk or calling 07977 806902