An Amendment Paper on the Employment Rights Bill was published at the end of November. Key proposed changes include the following proposals from the Government:

  • Extended time limits for tribunal claims: The addition of a new Schedule which will have the effect of extending the time limit for bringing all tribunal claims from 3 months to 6 months.
  • More information on the ‘Initial Period of Employment’ (IPE): The draft Bill makes unfair dismissal a Day One right but leaves some wriggle room by allowing for different rules to apply during what is termed the ‘initial period of employment’ (IPE). There was nothing in the original draft Bill about how long the IPE might be, although the accompanying ‘Next Steps’ document indicated it might be 9 months. A provision is now included stating that the IPE will be not less than 3 months and not more than 9 months.
  • Guaranteed hours: Various changes to the provisions relating to guaranteed hours which don’t appear to make any wholesale change to the complex way in which these provisions are currently structured. 
  • Shift cancellation payments: Changes to the rules on payments when shifts are cancelled, moved or curtailed at short notice, include giving the tribunal discretion on whether to make an award where an employer has failed to make a payment required in such circumstances, and further discretion as to what that payment should be, taking account of the ‘seriousness of the matter’.
  • Menstrual health added to equality planning: Menstrual problems and disorders are set to become a defined aspect of “matters related to gender equality.” This means employers may need to include them in equality action plans under separate regulations.
  • Trade union access clarified: Clarification that the right of trade unions to access workplaces will not extend to any workplace which is also a dwelling.

Additional changes have been proposed by MPs:

  • No more gagging on harassment: A proposed clause would void any non-disclosure agreement (NDA) that tried to stop workers from reporting harassment, including sexual harassment. 
  • Banning substitution clauses: These clauses allow workers to send someone else to do their job. If this change passes, they’ll be off the table in employment, worker, or dependent contractor contracts.

It remains to be seen how many of these changes will ‘stick’ as the Bill continues its progress through the House of Commons. The provisions relating to extension of time limits are likely to be here to stay (given they occupy an entire Schedule and reflect one of the Government’s election pledges). The Amendment Paper can be accessed here. 

Speak to Jon Dunkley

Jon is a Partner at Wollens and can advise you. Contact Jon via email jon.dunkley@wollens.co.uk or call 01271 341021.

You can also complete an online enquiry form. One of the Wollens team will contact you as soon as they are available.