MPs have tabled a 53-page amendment paper on the Employment Rights Bill announced earlier this year by the government. The paper introduces several significant changes which may bring further legislation changes once the Bill is passed.

What Are the Key Proposed Amendments to the Employment Rights Bill?

Time Limit for Employment Tribunal Claims to be Extended

One of the amendments which could have the most impact on employers is the proposal to extend the time limit for bringing all tribunal claims from 3 months to 6 months. This will give employees more time to file claims.

Initial Period of Employment Changes

The ‘initial period of employment’ specified in employment contracts in relation to unfair dismissal claims is set to change. The amendments have specified for this period to be between 3 and 9 months, after which unfair dismissal will become a day-one right.

Guaranteed Hours Provisions Adjustments

Within the amendment paper, there are several adjustments to the guaranteed hours provisions but the adjustments don’t appear to make any meaningful difference to the complexity of the provisions.

Shift Cancellation Payment Rules

The payment rules for shifts that are cancelled, rescheduled, or shortened on short notice are being updated. Tribunals will now have the flexibility to decide on awards and payment amounts, considering the severity of each case.

Menstrual Health Inclusion in Gender Equality

The definition of “matters related to gender equality” will be expanded to include menstrual problems and menstrual disorders. Under separate regulations, some employers will need to produce equality action plans which take into consideration these new inclusions.

Trade Union Access

There will be a clarification on the right of trade unions to access workplaces to explicitly state that the right will not extend to workplaces which are also dwellings.

Additional Adjustments

While those are the main amendments proposed by MPs, others include:

  • Non-disclosure agreements – Including clauses in NDAs to render them void if it prevents a worker from disclosing harassment.

  • Substitution clauses – Including clauses that prohibit the inclusion of a substitution clauses in employment, worker, or dependent contractor contracts.

There are dozens of amendments included in the paper, ranging from minor changes to wording to more complex legislation changes.

There’s still some way to go before the Bill is passed (a third reading in the House of Commons is to come, as well as it passing through the House of Lords) so there will be no immediate changes for employers and employees through this Bill. However, once the Bill has been passed, significant changes to the employment law landscape will be seen so it’s important for employers to keep in mind that changes to their employment contracts, policies and procedures may be needed soon.

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Here at Farleys, we have employment law specialists on hand to advise employers and employees on their rights and responsibilities, including representation at employment tribunals. For a confidential discussion, please call 0845 287 0939, get in touch by email or use the online chat below.