UK: Government launches first consultations on possible amendments to Employment Rights Bill

Following publication of the Employment Rights Bill, the Government has wasted no time in progressing its plans.  On 18 October it published ten factsheets (here) summarising key provisions of the Bill and confirming some additional areas of consultation; yesterday it launched four of the early consultations signposted (here).  These will inform possible amendments to the Bill as it progresses through Parliament.  They cover: 

• how the zero hours provisions could be applied to agency workers, in terms of the division of responsibility between end-user and agency; 
• beefing up the remedies for breach of collective redundancy consultation rules, including potentially removing or doubling (to 180 days per affected employee) the cap on the protective award and introducing interim relief, together with the possibility of interim relief for dismissals which are automatically unfair under the proposed new hire and rehire/replace rules in the Bill;
• updating trade union legislation in relation to (i) unfair practices during the statutory recognition process, (ii) political funds rules, (iii) rules regarding industrial action ballots, notice and scope of protection, and (iv) the enforcement framework for access agreements;
• the appropriate percentage of salary to be paid as statutory sick pay for lower earners (with illustrations using 60-80%). 

The consultation documents note that there will be further consultations on:

• the zero hours provisions generally;
• strengthening the collective redundancy framework, including on doubling the minimum consultation period when an employer is proposing to dismiss 100 or more employees from 45 to 90 days (views will be sought in 2025);
• modernising trade union law, including proposals for further reform to the recognition process, union access rights and stronger protections for union reps and members (to take place once the Bill has received Royal Assent).

The Government has also recently laid draft legislation in Parliament to enable employment tribunals to adjust a protective award for breach of collective redundancy consultation obligations by up to 25% where there has been an unreasonable breach of a relevant Code of Practice (such as the Code of Practice on dismissal and re-engagement).  The draft proposes bringing the change into force on 20 January 2025. (A similar draft order was introduced prior to the General Election but failed to make it into law during the short wash-up period.)  

Employers may also have seen the recently published HMRC employer update suggesting that neonatal care leave and pay rights might be brought into force in April 2025.  However, within days, that section of the update was removed, without explanation.  Perhaps this timing remains an aspiration rather than an expectation, given the number of detailed regulations that are needed.  

Please do get in touch with your usual HSF contact if you would like a copy of our briefings on the Employment Rights Bill or would like to discuss any of the consultations further.