An Amendment Paper on the new Employment Rights Bill (numbering no fewer than 53 pages!) has been tabled.

The key proposed changes from the Government include:

  • Extending the time limit for bringing all tribunal claims from 3 months to 6 months. This is a big change, and it was missed out of the original Bill, so this is the first time we have heard about it.
  • Changing the definition of ‘initial period of employment’ for the purposes of unfair dismissal becoming a day one right. It is now clear that the initial period of employment, to be set out later in Regulations, must be between 3 and 9 months. We still don’t know whether this can be extended out further than the 9 months or if that time period will be set in stone as the definitive end of the probationary period.
  • Changes to the rules on payments when shifts are cancelled, moved or curtailed at short notice, including giving the tribunal discretion on whether to make an award, and further discretion as to what that payment should be, taking account of the ‘seriousness of the matter’.
  • Adding menstrual problems and menstrual disorders to the definition of “matters related to gender equality” which, under separate Regulations, employers may be required to produce equality action plans on.
  • Clarification that the right of trade unions to access workplaces will not extend to any workplace which is also a dwelling.

The following changes are ‘moved’ (i.e. proposed) by other politicians in the same document:

  • A clause which would render void any non-disclosure agreement insofar as it prevents the worker from making a disclosure about harassment (including sexual harassment).
  • A clause prohibiting the use of ‘substitution clauses’ in employment, worker or dependent contractor contracts.

There are also a vast number of smaller changes, which are presumably because this hugely ambitious piece of legislation was rushed out in the government’s first 100 days. However, at least they are being ironed out now, and not after the Bill has become law.

As always if you have any questions regarding the above or if you’d like to discuss these or any other points further please give one of our expert team a call or get in touch via our Contact Form.