The Employment Rights Bill is back in the spotlight with a newly tabled Amendment Paper, spanning over 53 pages! Several key changes have been proposed by the government, which will impact employers and workplace practices. Below, we break down the most significant updates. Remember this is not yet law, but an indicator of things to come.

• Extended time limits for tribunal claims: a notable change is the proposal to extend the time limit for bringing tribunal claims from 3 months to 6 months.

• Redefining ‘initial period of employment’ for unfair dismissal claims: it is now clear that the initial period of employment (with further details to be set out in future regulations) must be between 3 and 9 months. This is the period where employers are likely to be given more flexibility to terminate employment despite unfair dismissal rights kicking in from day one.

• Shift cancellations and curtailment payments: under the proposal, the tribunal will have discretion over whether to award a payment, and if so, how much to award, depending on the ‘seriousness of the matter’.

• Menstrual health included in gender equality matters: the inclusion of menstrual problems and disorders within the definitions of ‘matters related to gender equality’. Employers may soon be required, under separate regulations, to produce equality action plans addressing menstrual issues.

• Clarification to trade union access: the Bill also brings clarity to the right of trade unions to access workplaces. It will no longer extend to any workplace that is also a dwelling. This clarification will primarily effect businesses that operate from residential locations, so it’s something to consider depending on your work environment.

Additional proposed changes from other politicians include:

• A proposed clause seeks to invalidate any Non-disclosure agreement that restricts a worker from reporting harassment (including sexual harassment).

• A proposed clause would ban substitution clauses in employment, worker, or dependant contractor contracts, which may affect the flexibility of staffing arrangements for some businesses

  
  

The proposed amendments represent significant changes that will, if implemented, affect how employers manage their workforce. While many of these changes are still in the proposal stage, it is important to start preparing for potential updates to policies, contracts and workplace practices.

As always, CG are on hand to assist in developing robust policies and contracts in line with new legislation.

We will continue to monitor the developments closely, and keep you informed of any further changes. If you have any questions or would like to discuss how these amendments might impact your business, please don’t hesitate to contact the CG employment team.