Further changes to employment law announced

Yesterday my colleague Andrew Maxwell outlined the major reforms to UK employment law announced by the UK Government. The new Employment Rights Bill does not include everything that Labour had promised in its election manifesto that we previously featured in our updates.  The UK Government has now also published a document entitled ‘Next Steps to Make Work Pay’ which details measures announced in the new Employment Rights Bill, and those which will come later in this Parliament.  The UK Government has said that it is dedicated to fulfilling its manifesto promises through the ‘Plan to Make Work Pay’, utilising existing powers and non-legislative means where possible – and which explains their exclusion from the Employment Rights Bill.

Key initiatives include tightening the ban on unpaid internships and allowing electronic balloting for trade union ballots. The ‘Fair Payment Code’ will address late payments for the self-employed, whilst a statutory Code of Practice will support the ‘Right to Switch Off’. Additionally, reforms will ensure a living wage for all adult workers and support for those with terminal illnesses through the Dying to Work Charter.

Other key measures announced were:

Equality (Race and Disability) Bill

Measures will be pursued through the Equality (Race and Disability) Bill, which aims to extend pay gap reporting to ethnicity and disability, enforce equal pay rights, and prevent outsourcing from undermining equal pay. Consultations on this legislation will begin soon, with a draft Bill expected during this parliamentary session.

Parental leave review

The current parental leave system is under review to better support working parents. The Employment Rights Bill aims to provide parental leave rights from the first day of employment, but there will also be a review of the parental leave system.

Carer’s leave review

A review of carer’s leave will be conducted to assess the benefits of introducing paid carer’s leave. This review will consider the potential impact on employers, with a particular focus on smaller businesses.

Surveillance technologies

There will be a consultation on implementing measures regarding workplace surveillance technologies. This will involve negotiations with trade unions and staff representatives to ensure fair and transparent practices.

Single ‘worker’ status

A simpler framework will be proposed to clearly differentiate between workers and the genuinely self-employed. This aims to ensure that all workers “understand their rights and feel protected at work”.

Protections for the self-employed

Strengthening protections for the self-employed is a key focus. This includes introducing the right to a written contract, extending blacklisting protections, and broadening health and safety protections. These measures will be part of the single ‘worker’ status consultation.

Transfer of Undertakings (Protection of Employment) (TUPE) review

A “Call for Evidence” will be launched to examine a range of issues related to TUPE regulations and their practical implementation. This holistic review will aim to address various stakeholder concerns.

Health and safety guidance review

Health and safety legislation and guidance will be reviewed with a focus on modernisation. Areas of particular interest include neurodiversity awareness, extreme temperatures, and support for long Covid symptoms. This review aims to ensure health and safety standards reflect the diverse workforce we now see in modern society.

Collective grievances

Consultations with ACAS will explore enabling employees to collectively raise grievances about workplace conduct. This initiative aims to provide a unified voice for employee concerns.

What should you do next? 

These wide-ranging proposals and the different proposed methods of introduction will require careful scrutiny. Some may be more readily introduced and adopted; some may have more difficulty in providing meaningful change; and some changes may be watered down or not be as strong as workers may have hoped.  Businesses will need to assess how these proposals may affect their practices and plan accordingly. Whilst there are various in lead-in times for the changes proposed, such is the breadth and depth of some of the changes proposed, careful advanced planning will be essential.

Our popular Employment Matters webinar returns later this month for a special edition, ‘Labour’s first 100 days in power: What has changed in employment law?’. The webinar will have a focus on the details of the new Employment Rights Bill, and will discuss the changes in more detail – including timelines and actions to help in preparing for what will be the biggest change in laws and practice affecting the workplace for decades.

Our webinar takes place on Wednesday 23rd October 2024 from 8:45 – 10:00 and will be held online via Teams.

Join us and many of our clients and contacts who have already signed up by registering via the following link: https://hubs.la/Q02GWNJm0.

Can we help?

Please get in touch if we can help you on any of the topics outlined in this update.