A detailed Amendment Paper on the Employment Rights Bill, covering 53 pages, has been introduced, bringing several noteworthy changes. In this article, we explore the key proposed amendments and their potential impact:

Extended Tribunal Claim Time Limit

One of the most significant changes is the extension of the time limit for filing tribunal claims from 3 months to 6 months. This extension gives employees more time to bring forward claims, which could result in a rise in tribunal cases.

Redefining the initial employment period

The definition of the ‘initial period of employment’ for unfair dismissal claims is set to be revised. The new guidelines will specify that this period must be between 3 and 9 months, effectively making unfair dismissal a right from day one after this timeframe.

Changes to guaranteed hours provisions

Several adjustments have been proposed to the provisions related to guaranteed hours. However, these changes do not seem to significantly alter the complexity of these provisions.

Revised shift cancellation payment rules

The rules regarding payments for shifts that are cancelled, moved, or shortened at short notice are being updated. Tribunals will now have the discretion to award and determine payment amounts based on the severity of the situation.

Menstrual health and gender equality

Menstrual issues and disorders are being included in the definition of “matters related to gender equality.” Under separate regulations, employers may be required to develop equality action plans to address these issues.

Clarification on trade union access

The right of trade unions to enter workplaces will be clarified, clearly stating that this right does not extend to any workplace that is also a residence.

Added amendments proposed by politicians

Other politicians have suggested further amendments, including:

  • Non-disclosure agreements: A clause that invalidates any non-disclosure agreement if it prevents an employee from disclosing harassment (including sexual harassment).
  • Substitution Clauses: A clause that prohibits the use of substitution clauses in employment, worker, or dependent contractor contracts.

Minor adjustments

The Amendment Paper also includes numerous minor changes aimed at refining this comprehensive piece of legislation. These tweaks are crucial for addressing issues before the Bill becomes law.

Comment

While some of these changes may seem minor, others have significant implications for both employers and employees. Extending the time limits for tribunal claims and redefining initial employment periods could fundamentally reshape employment rights. Employers should stay informed and prepare for these potential changes to ensure compliance and maintain fair workplace practices.

For more detailed advice on how these amendments might affect your business or employment rights, please contact our employment team. We’re here to help you navigate these changes effectively.

How can we help?

Hannah Steenkamp is a Solicitor Apprentice.

If you are an employer and would like advice on how the new Bill will affect your business or you are an employee with concerns regarding your employment rights, please contact Hannah on 01245 584523 or complete our online enquiry form.