Recent tabled amendments to the Employment Rights Bill

By Alex Jones, Managing Director of 365 Employment Law.

In March, a series of significant amendments to the Employment Rights Bill were introduced, aiming to enhance protections for workers while promoting a more equitable balance between employees and employers. The proposed amendments come in the wake of a rapidly changing labour market, heightened awareness of workplace rights, and an ongoing commitment to supporting vulnerable workers. These changes reflect evolving societal norms and the government’s recognition of new challenges that both workers and employers face.

Domestic abuse support measures: a new standard for employee protection

Among the most notable amendments tabled were measures designed to provide greater support for victims of domestic abuse.

•  One of the key proposals is the establishment of statutory leave for victims of domestic abuse. The amendment proposes a minimum of ten days paid leave for employees who are victims of domestic violence, ensuring they have time to escape unsafe living situations, attend medical appointments, or seek legal protection without fear of losing their jobs.

• The amendments also include specific protections against detriment or dismissal for employees who are victims of domestic abuse. These protections would prevent employers from firing or penalising employees solely because they are dealing with the effects of domestic violence. This could include factors such as absenteeism, mental health issues, or performance impacts resulting from trauma.

• The proposed amendments would require employers to take all reasonable steps to prevent workers from experiencing domestic abuse, especially in cases where the abuse takes place in the workplace or during work-related events. These responsibilities would extend to workers on temporary or contract assignments, ensuring protections are extended beyond permanent staff. Employers with a workforce of five or more employees would also be required to have a policy in place to support employees who disclose domestic abuse, including offering access to counselling, flexible work arrangements, or safety plans.

These measures represent a significant shift in how the legal system recognises and supports employees who face domestic violence. The aim is to create a more supportive and understanding workplace culture.

Reintroduction of discrimination questionnaires

Another key amendment to the Employment Rights Bill involves the reintroduction of discrimination questionnaires under the Equality Act 2010. It seeks to restore a valuable tool that was previously available to employees, allowing them to challenge discriminatory practices in the workplace more effectively.

• Discrimination questionnaires were once a key part of employment law, allowing workers who believed they were victims of discrimination to formally request information from their employer about the alleged discriminatory actions. The information provided could then be used to help build a case for discrimination claims in an employment tribunal. These questionnaires helped increase transparency in workplaces and served as a means to resolve disputes before they escalated into legal proceedings.

•  By providing workers with a formal mechanism to inquire about potentially discriminatory actions, this amendment could help prevent issues from escalating and lead to better working conditions for all employees.

• The return of discrimination questionnaires will empower workers to challenge unlawful practices more readily, thus promoting workplace equality. It will also give employees greater confidence in coming forward, knowing they have the legal tools to hold their employers accountable.

A holistic approach to worker rights

Beyond these two major amendments, other changes were tabled to address evolving challenges in the workplace. These provisions demonstrate a commitment to improving employment rights in a comprehensive and forward-thinking manner.

• With the rise of the gig economy and the continued prevalence of zero-hours contracts, the government has proposed additional protections for workers in these vulnerable employment situations. The amendments aim to provide greater job security by ensuring that employers cannot terminate workers’ contracts without just cause or exploit them without providing proper pay and benefits.

• In response to feedback from workers and health advocates, the amendments also include provisions for expanded sick leave and better support for workers who suffer from long-term illness. A notable amendment is the expansion of statutory sick pay (SSP) provisions to include a larger percentage of weekly earnings for lower-paid workers. This is a crucial step in addressing concerns about the financial strain faced by employees when they are unwell.

Conclusion: a step towards fairer workplaces

These tabled amendments to the Employment Rights Bill signify a landmark shift toward greater protections for vulnerable workers in the UK. By addressing issues like domestic abuse, discrimination, and sick leave, these changes aim to create fairer workplaces for all employees, regardless of their background or circumstances.

As these amendments move through Parliament, they will likely undergo further debate and refinement. However, the fundamental goal of the amendments remains clear: to empower workers and ensure that the workplace is a place where rights are respected, and individuals can thrive without fear of discrimination or exploitation.

If you need confidential advice on any of these changes, or any employment related issues contact Alex Jones at ajones@365employmentlaw.co.uk

www.365employmentlaw.co.uk