Government Introduces a Series of Amendments to Employment Rights Bill

By Katie Harris

Associate

The Government has proposed a number of amendments to the Employment Rights Bill to be considered this week, at the House of Commons report stage.

1. Zero-hours contracts measures for agency workers

The Government has confirmed that it is tabling amendments to the Bill to set out the framework for agency workers regarding zero-hours contracts:

  • Agency workers will be granted the right to be offered guaranteed hours by the end user.
  • Both the end user and agency will be responsible for providing an agency worker with reasonable notice of shifts.
  • Agencies will be responsible for making payments to workers which result from short-notice cancellations.
  • Agencies and hirers will remain free to negotiate terms which may allow these costs to be recouped from the hirer where the hirer was in fact responsible for the change.

2. Remedies in collective redundancy consultation cases

The maximum period for the protective award for failure to collectively consult is to be doubled from 90 to 180 days.

3. Trade union legislation

The Government is tabling the following amendments concerning trade unions:

  • Strengthening protections against ‘unfair practices’ during the statutory recognition process
  • Removing the ten-year requirement for unions to ballot their members on the maintenance of a political fund
  • Simplifying the current information requirements for industrial action ballots and notices
  • Extending the expiry of a trade union’s mandate for industrial action from 6 to 12 months
  • Providing for digital right of access to the workplace for collective bargaining purposes, in addition to the physical access that is already covered by the Bill.

4. Statutory sick pay

The Bill contains provisions making all employees eligible for statutory sick pay (SSP) by removing the lower earnings limit. However, the Bill allows for lower earners to be paid less than the statutory rate. The Government has now said that employees will either receive 80% of their average weekly earnings or the current rate of SSP, whichever is lower.

To find out more about how the Employment Rights Bill could effect you, please contact our Employment Team on 0345 646 0406 or complete an online enquiry form, and a member of the team will be in touch.