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Category: Employment Law

Yesterday the Government published its responses to five separate formal consultation exercises on elements within the current Employment Rights Bill (which was originally outlined last October).  Luke Menzies summarises the responses.  

  1. Agency workers will be included in Government plans to ban “exploitative” zero-hour contracts.  Reasonable notice will need to be given for shift changes and this responsibility will be shared between the agency and the client.  Where shifts are moved/cancelled/altered at short notice, compensation may be payable.  Agency workers will have the right to request a contract reflecting their usual working hours.
  2. “Fire & rehire” rules will be tightened, with stronger remedies for employers’ abuse of collective redundancy processes (20 or more employees being made redundant in a 90-day period).  These rule changes include doubling of the maximum protective award compensation figure from 90 to 180 days pay per employee (a huge hike in an employer’s financial exposure) and further rules regarding the required consultation processes.
  3. Statutory Sick Pay (SSP) will become a ‘day one’ right.  Those earning below the Lower Earnings Limit (LEL) are currently not eligible for SSP.  The Bill changes that, proposing that employees will either receive SSP or 80% of their weekly pay (whichever is lower). 
  1. Greater protections for umbrella company employees.
  2. A variety of updates to create a more modern framework for industrial relations, including: preventing employers from ‘flooding’ the bargaining unit once a union recognition application has commenced; longer notice for industrial action and significantly extended industrial action mandates (valid now for 12 months instead of 6). 

Separately (and no doubt to the disappointment of many over-worked HR and legal professionals) the much-discussed plan for a right to ‘switch off’ is to be abandoned.  This wasn’t included when the Bill was originally announced last Autumn but was expected to be added in later.  

We can help you with advice on all these or wider questions about the Bill and how it might affect your business.  Please feel free to contact us to find out how we can help. 

Contact Menzies Law

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