On Wednesday 27 November, the Government published amendments to the Employment Rights Bill. The proposed changes include:
- Extending the time limit for bringing all Employment Tribunal claims from 3 months to 6 months.
- For the purposes of unfair dismissal, confirming that the “initial period of employment” must be between 3 and 9 months.
- Changing the rules of payments when shifts are cancelled, moved or curtailed at short notice, including giving the tribunal discretion on whether to make an award and further discretion on what the payment should be taking into account the “seriousness” of the matter.
- Adding menstrual-related conditions to the definition of “matters related to gender equality” and therefore potentially widening the scope of employer’s equality action plans.
- Clarifying that the right of trade unions to access workplaces will not extend to any workplace which is also a dwelling.
The following proposals have been made by various politicians:
- Rendering void any non-disclosure agreement in so far as it prevents a worker from making a disclosure about harassment (including sexual harassment).
- Prohibiting the use of “substitution clauses” in employment, worker or dependent contractor contracts.
Whilst we await further detail as to what the Bill will look like in practice when it becomes law, if you have any questions about how the proposed changes may affect you please contact our Employment Team on 0345 646 0406 or fill in our online enquiry form and someone will be in touch.