Some of the highest profile promised measures - such as the right to switch off - were missing from the Employment Rights Bill ("ER Bill") when it was published in October. However, the UK Government made clear that the ER Bill was only the first stage of the changes they intend to implement. So what can we expect to see going forward and in what timescale?
Right to switch off
Shortly before the ER Bill was published it was confirmed that the right to switch off would be delivered through a statutory Code of Practice. It is expected that a consultation on the Code will take place in 2025, but to find out more about how such a Code might work, see Finding a work/life balance - as easy as flicking a switch? which sets out how one is used to implement a right to switch of in Ireland.
Single "worker" status
The difficulties of defining employment status is an issue that has been rumbling on for a number of years. The Conservative Government consulted on it in 2018 following the Taylor Review recommending a fresh look be taken at legislation with a view to making the determination of employment status simpler and clearer. Four years later the Conservative Government's response to the consultation was published confirming there was to be no legislative response. The current UK Government say they will consult on a simpler framework to differentiate between workers and the genuinely self-employed "ensuring that all workers know their rights". Realistically achieving this is likely to be very difficult but attempts to address the issue should be welcomed. This consultation is also planned to address strengthening protections for the self-employed through a written contract, extending blacklisting protections and extending health and safety protections. There is no timescale for this consultation beginning as yet.
Extension of time limits for tribunal claims
Although not in the Bill as it was introduced, the Next Steps to Make Work Pay document ("the Next Steps document") confirmed that measures to extend time limits for bringing claims to Employment Tribunals would be added to the Bill via amendment. An amendment increasing the limit for lodging all employment tribunal claims from 3 to 6 months was included in an amendment paper at the end of November. This is expected to be passed and appear in an amended version of the Bill as its passage through Parliament continues.
Health, wellbeing and family friendly measures
A number of health and wellbeing proposals, including modernising health and safety legislation, are not included in the ER Bill. Health and safety guidance and regulations are to be reviewed "in due course" with a focus on issues such as neurodiversity awareness in the workplace, dealing with extremes of temperature, dealing with long Covid, and ensuring regulations take account of diversity in the workplace.
Guidance for employers on both menopause and health and wellbeing more generally is to be developed, and it is intended to provide support to terminally ill workers through the Dying to Work Charter.
The ER Bill does make parental leave a day 1 right, however the UK Government believes it does not work effectively, so a full review is to take place. The implementation of Carer's leave is also to be reviewed, including examining the potential benefit of introducing paid Carer's leave. These are described as "longer-term delivery reforms" but it is unclear exactly what that means.
Collective grievances
The UK Government intends to give employees the option of raising collective grievances about conduct in the workplace. Currently they can do so individually. Changing this has been identified as one of the UK Governments longer term aims, and it is intended to consult with ACAS to progress this.
TUPE
The ER Bill does include some TUPE related provisions around avoiding the creation of "two tier" workforces following a transfer. However, in addition, the UK Government intends to launch a Call for Evidence to look at a wide variety of TUPE related issues including how the regulations are implemented in practice.
Public procurement
The Next Steps document confirms that alongside wider reforms of the procurement system that will start with a new National Procurement Policy Statement ahead of the commencement of the 2023 Procurement Act, the Government also intends to ensure "social value is mandatory in contract design", use public procurement to raise standards on employment rights, and ensure public bodies must carry out a "quick and proportionate public interest test". The Procurement Act 2023, which is intended to improve and streamline the way procurement is done, is to commence on 24 February 2025.
Extension of Freedom of Information Act
The intention is to extend the Freedom of Information Act to private companies that hold public contracts, and to publicly funded employers. This is to be taken forward "in due course".
Equality (Race and Disability) Bill
Extension of the pay gap reporting requirements to ethnicity and disability for employers with more than 250 staff and a number of measures related to equal pay - including the extension of equal pay rights to include disability and race related claims and the implementation of a regulatory and enforcement unit for equal pay with involvement from trade unions - is proposed under the Equality (Race and Disability) Bill ("the Equality Bill"). The Next Step document that was published alongside the ER Bill says consultation on the Equality Bill will begin "in due course" and a draft Equality Bill is to be published during this parliamentary session for pre legislative scrutiny. Further consultation is also to take place prior to making the secondary legislation required to implement the reforms in the Equality Bill.
Miscellaneous
Some other commitments can be delivered via existing powers rather than in the ER Bill. These include tightening the ban on unpaid internships - a Call for Evidence is to be launched on that by the end of the year. A working group, including cyber security experts and trade unions is to be launched, again before the end of the year, to look at allowing the use of secure electronic balloting for trade union strike ballots with a full roll out to be implemented following the ER Bill receiving Royal Assent. Enactment of the socio-economic duty under section 1 of the Equality Act 2010 and extending the Public Sector Equality Duty to cover all parties exercising public functions will also be done non-legislatively.
Dual discrimination disappears
Labour has in the past committed to enacting protections against "dual discrimination". Their manifesto stated it would "strengthen protections against dual discrimination". However, this seems to have been set aside for the time being with no recent mention of it.
