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Employment Rights Bill: Our Review of the Key Proposed Amendments

The Employment Rights Bill is currently at the Committee Stage for debate in the House of Commons.

On Wednesday, the government proposed some amendments to the Employment Rights Bill.

In amongst some minor tweaks and amendments are some key proposed changes which would have significant impact on both employers and employees. These include:

An extension of the time limit to bring Employment Tribunal claims from 3 months to 6 months

This doubles the timeframe in which a claim may be brought and extends the period of risk for an employer. However, it will allow additional time for employees and time to take legal advice before considering whether they have grounds to bring a claim against their employer. Whether this would increase the number of Tribunal claims being brought or whether it would reduce the number of speculative claims being filed remains to be seen.

Day one rights

The amendments now make it clear that the ‘initial period of employment’ for the purposes of considering claims of unfair dismissal will be between 3 and 9 months. There is still a lot of detail to be determined regarding this. However, businesses should ensure that their probationary periods are clear and documented and contain appropriate review periods so that an employee’s suitability for a role can be properly and fairly assessed in the first few months of employment.

Support for employees with menstrual problems and disorders

This has been added to the definition of “matters related to gender equality” which employers may be required to produce equality action plans on. This is in addition to the current proposals to provide for increased obligations for larger employers for gender pay gap reporting and supporting employees going through the menopause. This demonstrates the importance of having inclusivity as the heart of your business culture, practices and initiatives.

Prohibiting the use of substitution clauses 

This is intended to restrict the ability of companies to enable suppliers to appoint a substitute to carry out work. This will now doubt be subject to further debate and consideration of the practical implications, however, if implemented in full, it could have an impact on any outsourced services that businesses use.

Conclusion

The introduction of the Employment Rights Bill marks a pivotal moment in the UK labour market. By prioritising the rights of workers while also considering the needs of businesses, the government is laying the groundwork for a more secure, productive, and equitable future. These reforms highlight the UK’s commitment to creating a thriving economy where both workers and businesses can flourish together.

Do you know how these changes will impact your business?

We will follow these changes closely and consider in more detail the implications for both employees and employers, sharing our insights with you as we go.

We know this is a big update but there are a lot of changes likely to come, and some of them very quickly, so don’t forget to sign up to our newsletter or you can book a call with one of our team to help you plan how to navigate these changes effectively on enquiries@thrivelaw.co.uk.

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Disclaimer

Please note this blog is for reference purposes only and is only accurate at which the date it was published. It does not constitute legal advice and should not be relied upon as such. Specific Legal advice about your specific circumstances should always be sought separately before taking or deciding not to take any actions. Please contact us if you have any questions on enquiries@thrivelaw.co.uk.

 

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