However, the headline changes are:
Zero Hour / Casual Worker contracts
- Guaranteed hours provisions for workers (horribly complex) with a three month period for workers to bring claims before an Employment Tribunal if the rules are breached (expect lots of litigation on this).
- The obligation on employers to give workers “reasonable notice” of shifts (what constitutes reasonable notice is not specified and will probably depend upon the circumstances and emerging industry practice).
- The requirement on employers to pay workers for a shift if they the employer has not given reasonable notice of cancellation, movement or curtailment of a shift (again, what is reasonable is not further defined).
Flexible Working
Workers may apply for flexible working and the employer must consider and may only reject on one or more grounds as at present but there is a further requirement on employers that they can only “reasonably” refuse requests.
Statutory Sick Pay
This will apply from day one (previously the first three days did not count in certain circumstances)
Parental and Paternity Leave
Removal of previous qualifying period before entitled to take parental leave
Parental Bereavement Leave
This has become substantially wider following the removal of “Parental” from “Bereavement Leave (essentially those who are not parents become entitled in similar circumstances)
Protection from Harassment
- Employers will have a positive duty to take “all reasonable steps” to prevent sexual harassment. This is a major change affecting nearly all employers.
- Employers will be liable if third parties harass their employees. This is also a major further liability on employers.
- Employers will be liable if they do not protect employees who have made allegations of sexual harassment.
Removal of the two year unfair dismissal qualifying period
Employees will have “day 1” rights if they are unfairly dismissed. The only saving provision is that it will not apply to employees already employed before the Act comes into force.
Pregnant Employees
Pregnant employees will have greater rights if dismissed during pregnancy.
Dismissal where Employees Fail to Agree Contract Changes
Employees who are dismissed where the sole or principal reason for dismissal is that they have not agreed to a contract change will be automatically unfairly dismissed (another major change)
Collective Redundancy Consultation
Collective Redundancy Consultation requirements where 20 employees or more are affected will be to employees across the business and not from each establishment of the business (essentially much more likely to be required)
Equality Action Plans
Regulations may require gender equality action plans
Enforcement
There will be a new enforcement agency for a range of employment rights.
For more information on how the new Employment Bill might affect your business contact Jon Dunkley, partner and employment specialist on 01271 341021.
For more information on how the new Employment Bill might affect your business contact Jon Dunkley, Partner and employment lawyer at Wollens, on 01271 341021.
Please contact us if you need employment advice.
Jon Dunkley, Partner and Head of Employment Law
Email us : [email protected]
call one of our offices:
South Devon 01803 213251
Exeter 01392 274006
North Devon 01271 342268
You can also complete an online enquiry form. One of the Wollens team will contact you as soon as they are available.
