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This week, the government has published several amendments proposed to the bill on employment rights, some with support, others still uncertain. Although it remains to be seen what proposals will be underway, the changes suggested may have a major impact on the way companies manage the rights of employees, workplace driving and contractual agreements.

Experts from the compliance of employment heroes closely follow developments to help employers remain informed and prepared.

Below, we describe the main proposed modifications, including NDA prohibitions for harassment cases, extended protections of denunciators and more.

1. Prohibit NDAS / Confidentiality agreements in cases of discrimination and harassment

The government has introduced an amendment which will mean confidentiality clauses in employment contracts, settlement agreements and NDAs will be inapplicable when they relate to discrimination or harassment. This will apply to current and old employees.

In addition to having to update standard documents, employers will have to walk even more carefully when they deal with discrimination or harassment at work. It will no longer be possible to agree with employees that they will not discuss these questions in the future, even if they agree to delete legal complaints against the employer and / or to leave employment (which are usual terms in the settlement agreements).

Given this, the importance of preventing discrimination and harassment at work will be more vital than ever.

2. Limits in fire and rehiring: not as strict as originally planned

The bill on employment rights initially proposed a total ban on the prohibition and reception practices. This means that it would be an automatic automatic dismissal when an employee was dismissed to re -enter them on a varied employment contract and / or where he was dismissed for refusing any modification of his contract.

However, the new amendment of the bill softens this approach. By carrying out an automatic automatic dismissal only applicable to certain “limited variations” to an employment contract, including changes in remuneration, hours, holidays, pensions or a change which inserts a variation clause in the employment contract (that is to say that which allows the employer to modify the provisions of the employment contract without the consent of the employee).

As before, there will always be a limited exception of a conclusion of automatic unjust dismissal where the employer can show that the modifications are absolutely necessary to avoid bankruptcy. Which will always be a very difficult test to meet.

For other changes to the contract, the employer must follow a strict consultation process with the employees affected, but will always be able to argue that any dismissal was just overall.

This relaxation on the prohibition of fire and rehiring can offer a certain flexibility necessary to employers who sail on real commercial needs, although the practice remains subject to strict conditions.

3. Workers at zero-hour / hours: right for the worker to ask for guaranteed hours, rather than the employer’s duty to offer them

As currently written, the bill on employment rights obliges employers to offer guaranteed hours to workers and employees on zero hours / low -hour contracts, depending on the hours they end up working.

The new proposals to modify the bill (although not supported by the government currently) want to change this so that workers have the right to requestGuaranteed hours, rather than putting an obligation for the employer to offer guaranteed hours.

If this change passes, it will be good news for employers, as if the employee did not make this request, workers can be engaged without guaranteed hours indefinitely.

The right to request guaranteed hours will only apply if a worker has worked on average 8 hours or more per week over a period of 26 weeks. This is an important concession to employers who wish flexibility in the workplace, because in many occasional arrangements, employees will not work as many hours.

There are also modifications proposed to reduce the obligations concerning the guaranteed hours for the workers of the agency currently proposed in the bill.

4. Hours / Hours Support

The bill currently proposes that workers and employees can be awarded compensation if their quarter of work is canceled without reasonable notice.

A new amendment to the bill (and not supported by the government) proposes to limit this remuneration, so that the remuneration will only be triggered if the cancellation is carried out less than 48 hours before the start of the quarter work.

5. major changes to denunciation laws

A number of amendments have been proposed, which will considerably change the law around denunciation. The laws of denunciation protect people who raise problems of reprehensible acts from their employers or certain other people.

These changes have not (yet) received the government’s support, it is therefore not clear whether or not they will go to the final version of the bill on employment rights.

The changes propose to do the following:

• Simplify and widen the definition of “protected disclosure” (that is to say a disclosure which is protected by denunciation laws) to include “mismanagement of public funds” and “abuse of authority”.
• Demand that disclosure must actually be in the public interest (while the current requirement is that the denunciator “reasonably believes” that disclosure is in the public interest).
• The creation of a “Bureau of the Denunciator” who can:
  • Set minimum standards for employers’ denunciation policies.
  • Provide an independent hotline to the denunciators to report the problems.
  • Have powers of application for violation of denunciation laws.
• A new obligation for employers with more than 50 employees, a turnover of 10 million pounds sterling or certain sectors appointed to take reasonable measures to investigate any protected disclosure.
• A new offense to intentionally or recklessly submit a denunciator to the damage (for example, treating them unfavorably, reducing services, dismissal, etc.), the employment courts being able to issue a maximum fine of up to 10% of the global turnover of a company.

6. parental mourning leave extended to early pregnancy

The government has announced a new amendment to the bill on employment rights which is currently before parliament. The amendment will allow families to suffer a loss of pregnancy of new rights to a time of leave.

Currently, parental mourning leave is only available for parents who lose a child under the age of 18 or know the mortinity after 24 weeks of pregnancy. There is no specific right right for parents who are loss of pregnancy earlier during pregnancy.

The current law is that each parent has the right to leave up to two weeks, which is a right available from the first day of employment. However, the leave is only paid when the parent has at least 26 weeks of continuous employment with his employer.

The rate of remuneration is either £ 187.18 per week, or 90% of the average weekly income of the employee (depending on the eventualities).

How will the law change?

The government wants to change the law so that families who suffer a loss of pregnancy for 24 weeks, whether by miscarriage or otherwise will also be entitled to parental mourning leave.

The proposal is that employees will be eligible for at least a week off, but the exact amount will be confirmed in subsequent regulations as a result of a public consultation. However, it currently seems that the leave will not be paid.

Stay at the top of compliance with the hero of employment

The changes proposed to the bill on employment rights may have a significant impact on how your company manages the contracts, driving and rights of employees. Ready to navigate these changes with expert advice? Find out how the HR advice for heroes can guide you through compliance updates, policy changes and employee complex problems.

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