Today (Thursday 10th October) the Government published the draft Employment Rights Bill. It is claimed to be ‘the biggest upgrade to rights at work for a generation’ and stems from one of Labour’s key manifesto commitments. So what are the highlights?
- Employers will have a legal duty to take all reasonable steps to prevent sexual harassment and will be fully liable for sexual harassment committed by third parties.
- Refusal of flexible working requests will have to be reasonable and be refused on a ground or grounds from a specified list. The explanation for refusal must be provided in writing.
- Dismissing an employee who does not agree to a contract change (fire and rehire) will be automatically unfair. There is a very limited exception if the business is facing severe financial difficulties.
- There is now an obligation for collective consultation when redundancies affect 20 or more people in the business (formerly this was in the establishment).
- Employees on zero and low-hours contracts will have the right to a guaranteed-hours contract if they work regular hours over a defined period.
- Employers must give reasonable notice for shift changes and pay for shifts that are cancelled at short notice.
- Bereavement leave will be available to anyone when a dependant dies, not just to parents who lose a child.
- The qualifying period for employment rights will be removed, although there will be a probationary period of some kind (nine months has been suggested, but is subject to consultation).
The 158-page text of the bill is on the gov.uk website. There is much detail to be worked out as it progresses through its Parliamentary stages. We will of course let you know about anything that we think is important when it happens.
