Why's it so quiet? What am I missing? 

Anyone who has looked after children (either their own or others) will know that often, when things go quiet is when you really need to worry.  That's when the real fun - like drawing on the walls, cutting a sibling's/friend's hair, eating all the chocolates on the Christmas tree and/or everyone's advent calendars happens. But what about the Employment Rights Bill; it's gone very quiet over the last month. Is there mischief afoot? Are we in for a nasty surprise?

House of Lords stages

It's gone quiet as the Bill has progressed to the committee and debate stages in the House of Lords, as per parliamentary practice.  

We know that amendments both by the Government and parties not in government have been proposed. The former have been accepted and the latter rejected, which is no surprise given the current Government's majority. The accepted amendments relate to the first sections of the Bill and the right to a guaranteed hours' contract and compensation for moved, curtailed or cancelled shifts. They all relate to the more detailed aspects of these new procedures and, whilst important, in isolation, don't really require much coverage. Only when we have the draft regulations will all the pieces start to fall into place and, we hope, the still gaping holes in the details be filled.  The opposition continued to raise their concerns as to the practical working of the guaranteed hours offer procedure for sectors which rely heavily on zero-hour workers. The comfort given by government peers was not hugely encouraging for these sectors (health and social care being one of them, with an estimated 16.5% of the workforce on zero-hour contracts).

As I write, the Bill is currently in its third committee stage sitting, and the clauses to be discussed and debated are those relating to protection from harassment.  This has caused a stir recently, with concerns raised that employers will need to ‘police’ private conversations that their employees might hear during their work. Our previous blog will help you on this for further guidance and information. 

Is there need for action?

Not necessarily is our rather caveated answer! Again, we have to reiterate the two statements we have done in our previous blogs; one, the Government has promised to proceed without haste and take up to two years to implement the changes; and two, we have no timeline for the Bill to receive Royal Assent (general feeling is the autumn) and no timeline for the promises consultations or draft regulations.  

We would advise you to watch out for more updates like this one and, should you want to think about preparations,  look back on our previous updates and our practical suggestions.

For any specific advice on the Employment Rights Bill and how it may impact your organisation or any training on its contents, please contact me.