The House of Commons has released an amendment paper on the Employment Rights Bill, which includes a new clause extending the time limit for bringing a tribunal claim from three months to six. This clause was not part of the original draft of the bill but was included in Labour’s pre-election green paper on workers’ rights, titled “New Deal for Working People.”
This extension is likely to raise concerns among employers. However, subscribers to Sapphire HR’s HR Unlimited service can be reassured that, as long as they have followed our advice, they will remain covered by the Employment Practices Liability Cover included in their subscription.
The bill is now moving to the committee stage, where MPs will review the proposed amendments. Most of these amendments have been tabled by Employment Rights Minister Justin Madders, with additional suggestions from other MPs. The amendment paper is 53 pages long.
One of the amendments introduces an “initial period of employment” for the purpose of a day-one right to unfair dismissal, addressing a question raised by many employers when the bill was first published. The proposed initial period ranges from three to nine months.
Several clauses regarding workers’ guaranteed hours and entitlements, if their shifts are changed, have been slightly modified to address issues related to moving or curtailing shifts.
Other notable amendments include a clause that invalidates non-disclosure agreements preventing workers from disclosing sexual or other forms of harassment, proposed by Liberal Democrat MP Layla Moran. Additionally, Conservative MP Nick Timothy has proposed a clause prohibiting the use of substitution clauses in agreements between employers or contractors and employees, workers, or dependent contractors.
The amendment document will now proceed to the Committee for debate. While some amendments may be withdrawn, government amendments are the most likely to be passed.
The team at Sapphire HR is committed to keeping you up to date. Through your subscriptions, we will provide you with the necessary tools and reassurance as the bill progresses.