We've likened the Employment Rights Bill 2024 (ERB) to a marathon, not a sprint - if that's the case then it's been a speedy start with four consultations published already.  

I've run a couple of marathons in my time and this speed will be hard to maintain although having spent 14 years training in opposition maybe the Labour Government is fitter and readier than I was! 

Consultation one - Rights for zero-hour workers to be extended to agency workers 

We learned from the ERB that the Government is rolling out new rights to zero-hour workers: the right to be offered a guaranteed hours contract that reflects their actual working pattern and the right to reasonable notice of a cancellation or change to a shift. The ERB does not extend this right to agency workers but gives the Government the option to do so. This consultation is the initial part of the process to extend these rights.

Shall I contribute - We would advise all employers who use agency workers in whatever format to read the consultation with a view to responding.  The Government promises to be pro-business and pro-worker, so it is key in these consultations that they hear from employers and the potential impact these changes will have.  

The consultation closes on 2nd December 2024.

Consultation two - Trade Union (TU) Framework 

This is the lengthiest consultation which seeks views ‘creating a modern framework for industrial relations’. This includes topics such as simplifying the amount of information unions are required to provide in notices for industrial action, enforcing TU's right of access to workplaces, and reducing industrial action notice period.  

Shall I contribute? If there is a noticeable trade union presence in your workforce we would advise you to read the consultation, digest what is being proposed and then possibly respond. The consultation provides a useful indication of the Government's direction of travel and adds some meat to the sparse carcass that is the ERB.  

The consultation closes on 2nd December 2024. 

Consultation three - Collective redundancy and fire and rehire

This consultation addresses the following: 

1) increasing (or removing the cap altogether) on protective awards in collective redundancy situations; and 

2) introducing interim relief for employees bringing a claim for a protective award and/or an unfair dismissal claim under the new ERB right i.e. dismissal for refusing to sign new terms.  

Shall I contribute? This could potentially affect all employees so at the very least we would advise organisations to read it to understand the Government's intentions.

The consultation closes on 2nd December 2024.

Consultation four - Statutory sick pay for workers on less than LEL

The Government announced its intention to extend the payment of SSP to employees who earn less than the Lower Earnings Limit.  These employees would then be paid a percentage of their earnings rather than a flat weekly rate.  This consultation is concerned with what percentage that should be. 

Shall I contribute? The payment of SSP from day one (anther change made by the ERB) coupled with the removal of a lower earnings limit will have financial consequences for most employers.  We would advise organisations to read and contribute to this consultation given the critical nature of these changes.  

The consultation closes on 4th December 2024. 

How can we help?

Mindful of the extent of the ERB and its consultation and draft regulations and passage through parliament, we are developing a tracker service to help you keep up to speed with the developments and announcements that affect your organisation and your sector.  

If you would like more details of this service, please register your interest by emailing lynsey.ford@anthonycollins.com.