Employment Rights Bill amendment paper – what do employers need to know?
In November, the government published a paper was published listing all the tabled amendments to the Employment Rights Bill as part of its progress through Parliament. These amendments are designed to fine-tune some of the legislation – so what’s outlined in it and what do you need to know about? We’re here to break down some of the most substantial changes and how they might affect your business.
Guaranteed hours and shift management
One of the headline changes focuses on guaranteed hours offers, critical for workers with unpredictable schedules or different short-term contracts. Amendment 10 gives a bit of clarity for cases where employees work under multiple contracts or arrangements with the same employer. It simplifies regulations, asking employees to only consider the latest contract when considering eligibility for guaranteed hours offers.
Along with this, Amendments 24-30 propose more specific rules around shift notices. Employers have to specify when shifts both start and end to make sure workers get the right information. Short-notice changes like cutting shift hours unexpectedly would face stricter rules and have more downsides for employers, such as entitling affected workers to compensation under fair payment provisions . These changes are designed to root out last-minute unpredictability, which would especially benefit workers in sectors where schedules change often.
Finally, Amendment 13 would require employers to actively tell employees about their potential right to guaranteed hours and maintain transparency. Clearer instructions like this improve accountability and empower employees with better awareness of their rights.
Time limit extensions for tribunal claims
Another key section of the paper proposes extending the time limits for workers to bring employment-related claims to a tribunal. While most claims are set at three months, this new timeline will expand this to six months. This extension recognises that employees sometimes need more time to gather evidence, consider their options, get legal advice or prepare their cases.
For business owners like you, this means you need to be even more vigilant when it comes to documentation and policies, as disputes might come up long after the incident that triggered them.
Clarification on the “initial period of employment”
Another important change in the paper is clarifying the “initial period of employment” or the probation period in relation to the new day-one unfair dismissal right. Amendment 54 confirms this should be a period between three and nine months, and Amendment 55 would allow the government to set different rules and compensation levels for an unfair dismissal award coming from an unfair dismissal within this probation period.
Strengthened protection in outsourcing
Outsourcing is becoming bigger and bigger in today’s economy – and Amendment 59 introduces more protections for those affected by it. When public sector services shift to private providers, workers who move to the new employer – called “transferring workers” – are guaranteed certain rights not to be treated less favourably as a result of the transfer.
A new Code of Practice will give more detailed guidance for managing outsourced staff fairly, to make sure outsourcing isn’t used as a loophole for reducing pay or working conditions.
A few amendments propose redefining the rights and roles of trade unions, making sure the new right for unions to have more access to workplaces stays fair and recognises employer considerations. Amendments 72-79 limit certain rights to unions certified as “independent”, reducing conflicts and protecting impartiality during union engagements. Plus, workplace access rights have been clarified – giving trade officials the right to interact with workers but excluding workplaces that also constitute private residential spaces.
Another improvement involves extending the time frame for lodging union-related complaints to six months.
Ensuring fair enforcement and privacy
Amendment 88 protects personal privacy during workplace inspections – proposing that enforcement authorities have to get a warrant before going into personal spaces used as workplaces. This shows a more balanced approach to compliance monitoring.
So, what’s next for workers and employers?
This set of amendments shows a bigger shift towards transparency, fairness and flexibility in employment practices, especially for more vulnerable workers. You need to make sure your policies are compliant and updated, especially if you’re in a sector with high staff turnover, irregular hours or outsourced contracts.
If you’d like to chat with someone about this or any other HR & Employment Law matter, call your 24/7 HR & Employment Law advice line* on 0345 844 4848.
*Applicable for all clients who’ve purchased Citation’s HR & Employment Law and/or Health & Safety core service, including H&S and HR Workplace Expert. Please note that our H&S and HR Virtual Assistance clients have access to our advice line Monday to Friday 9am-5pm.
