Employment Rights Bill
“My Government is committed to making work pay and will
legislate to introduce a new deal for working people to ban
exploitative practices and enhance employment rights”
- This Government's Plan to Make Work Pay will create a new
partnership between business, trade unions and working people and
is fundamental to our growth mission. The Employment Rights Bill,
to be introduced within the first one hundred days, is a
significant step towards delivering this ambition and represents
the biggest upgrade to workers' rights in a generation.
- In addition to this Bill, we will deliver a genuine living
wage that accounts for the cost of living and we will remove the
discriminatory age bands to ensure every adult worker benefits.
These changes will improve the lives of working people across the
country.
- We will work in close partnership with trade unions and
business to deliver our New Deal and invite their views on how
best we can put our plans into practice.
What does the Bill do?
- The Government is committed to delivering its New Deal for
Working People in full. The Bill will deliver on policies as set
out in the Plan to Make Work Pay that require primary legislation
to implement. The Plan includes commitments to the
following:
-
banning exploitative zero-hour contracts,
ensuring workers have a right to a contract that reflects the
number of hours they regularly work and that all workers get
reasonable notice of any changes in shift with proportionate
compensation for any shifts cancelled or curtailed. This will
end ‘one sided' flexibility, ensuring all jobs provide a
baseline level of security and predictability.
-
ending the scourges of ‘Fire and
Rehire' and ‘Fire and Replace' by reforming the law
to provide effective remedies and replacing the previous
Government's inadequate statutory code.
- making parental leave, sick pay and protection from unfair
dismissal available from day 1 on the job for all
workers. We will continue to ensure employers can
operate probationary periods to assess new hires.
-
strengthening Statutory Sick Pay by removing
the lower earnings limit to make it available to all workers
as well as the waiting period.
- making flexible working
the
default
from
day-one for all workers,
with employers required to accommodate this as far as is
reasonable, to reflect the modern workplace.
-
strengthening
protections
for new mothers by making
it unlawful to dismiss a woman who has had a baby for six
months after her return to work, except in specific
circumstances.
-
establishing a new Single Enforcement Body, also
known as a Fair Work Agency, to strengthen
enforcement of workplace rights.
-
establishing a Fair Pay Agreement in the adult social
care sector and, following review, assess how and to
what extent such agreements could benefit other sectors.
-
reinstating the School Support Staff Negotiating
Body, to establish national terms and conditions,
career progression routes, and fair pay rates.
-
updating trade union legislation so it is fit for a
modern economy, removing unnecessary restrictions on
trade union activity – including the previous Government's
approach to minimum service levels – and ensuring industrial
relations are based around good faith negotiation and
bargaining.
-
simplifying the process of statutory
recognition and introduce a regulated route to
ensure workers and union members have a reasonable right to
access a union within workplaces.
Territorial extent and application
- The Bill will extend and apply to Great Britain.
Key facts
- The UK typically ranks highly in international indicators of
labour market flexibility and there are around 4 million more
people in work than in 2010. However, there has also been an
increase in the number of people in less secure forms of work,
including the number of zero hours contracts rising to over 1
million over the last decade. The Bill will provide additional
security and predictability for these workers.
- Extending protections to workers from day one will encourage
more workers to switch jobs, which is associated with higher
wages and productivity growth. Wage rises are around usually
three-times higher for those who move jobs compared to those who
do not.
- High employment and low unemployment have not coincided with
increasing productivity, or wages. UK productivity growth since
the global financial crisis has been slow, and lower than the G7
average.
- The UK typically ranks highly in international indicators of
labour market flexibility and there are around 4 million more
people in work than in 2010. However, there has also been an
increase in the number of people in less secure forms of work,
including the number of zero hours contracts rising to over 1
million over the last decade. The Bill will provide additional
security and predictability for these workers.
- Real wage growth has been flat, with real average weekly
earnings only just returning to 2008 levels. Much of our recent
economic growth has come from growth in the size of the labour
market itself (e.g. through increased migration), while GDP per
capita has flatlined.
- The Bill will help to ensure industrial relations are based
around good faith negotiation and bargaining with the Government
committed to implementing a genuine living wage for workers.
- The number of workers inactive due to long-term sickness is
at a historic high (around 2.8 million). Statutory Sick Pay is
complex, outdated and fails to adequately support those who need
it. Currently 1.5m people earn below the lower earnings limit
(£123 per week) and people do not currently receive any payment
for the first three days of a sickness absence,
disproportionately affecting the lowest paid workers working part
time, or in low paid multiple jobs.
- The national gender pay gap still stands at 14.3 per cent.
There are effective actions employers could be taking but in
2018/19 only an estimated 52 per cent of employers published an
action plan. One in ten women who worked during the menopause
have left a job due to their symptoms. In addition, a quarter of
reported sexual harassment in England and Wales takes place at
work.