Following the new workers’ rights proposed in the Employment Rights Bill in October, the Government have produced an amendment paper which contains a few more changes.
In this article, Trainee Solicitor Justine Mears outlines what those proposed changes are.
What changes are proposed in the amendment paper?
Within the 53-page paper, the Government made quite a few proposed changes. The biggest ones are as follows:
Time limits for bringing a claim
The time limit for bringing all tribunal claims to be increased from 3 months to 6 months.
Unfair dismissal
The definition of the ‘initial period of employment’ has been altered. This refers to the suggested time under two years when an amended procedure to dismissal could apply.
This ‘initial period of employment’ looks like to be between 3 and 9 months.
Guaranteed Hours
The Government also proposed changes to guaranteed hours provisions. However, these do not seem to significantly alter how these provisions are currently structured in the draft Bill.
Shift cancellation payments
The proposed rule on payments when a shift is cancelled, moved or cut short at short notice has been changed.
Under this amendment, the Tribunal will have discretion to decide whether to make an award and what the payment should be, considering the ‘seriousness of the matter’.
Menstrual health inclusion
Matters related to gender equality have been amended to include menstrual problems and disorders.
The paper suggests that employers may need to create equality action plans on this.
Trade union access
Under the proposed changes, trade unions will not have the right to access workplaces that are also used as dwellings.
What other changes were included?
The paper also contains other changes that are proposed by other politicians. These include:
- A clause which would void any non-disclosure agreement that prevents workers from disclosing harassment (including sexual harassment).
- A clause prohibiting the use of substitution clauses in contracts for workers, employees or dependent contracts.
In case you missed the first iteration of the Bill, sexual harassment was, and still is, a big theme. Employers now need to take ‘reasonable steps’ to prevent sexual harassment from occurring in the workplace.
At Frettens, we’ve put together two comprehensive sexual harassment training videos, one for employees and one for management staff, that are designed to ensure that you’re training is up to date following the new harassment duty. They cost £250+VAT each.
Watch a preview of the training for managers below:
And a preview of the training for staff below:
To purchase one or both of these videos, please email us at events@frettens.co.uk.
Alternatively, we do deliver these training sessions in person. If this is something you’d like to explore, please contact us on 01202 499355.
What does this mean for employers?
“The draft Employment Rights Bill had already made significant proposed changes to employment law.” said Justine Mears.
“The fact the Government has had to produce such a lengthy set of amendments and additions demonstrates just how much was not included in the first draft and perhaps indicates the level of debate that is likely to take place before any of this actually becomes law.
Employers do not need to take immediate action on many of these proposals, but if you do have any questions, feel free to pick up the phone and speak to us. We’ll be keeping a close eye out for any further changes and will update you as and when needed.”
Any questions?
If you have any questions following this article, around the Employment Rights Bill or anything else, please don’t hesitate to get in touch with us.
You can call us on 01202 499255 or submit a question using the form at the top of this page.
We offer a free initial appointment for all new clients.
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