We set out the full details of the Employment Rights Bill in October as drafted by the government, but at the end of November, the government tabled a 53 page document with proposed amendments. It was always an ambitious plan to release the draft bill within the first 100 days of coming into office, and a number of the proposed changes are to iron out or correct errors. 

Extended time limit for bringing of tribunal claims

The biggest proposed change is the time limit for employees to bring all tribunal claims. The proposed amendments indicate a new schedule be introduced by which the time limit will be extended from three months to six months. This is a significant change to the current three months for most claims (current exceptions are statutory redundancy pay claims, equal pay claims, unfair dismissal claims related to strike action and certain claims relating to trade unions and armed forces). 

Although it is no doubt intended to give parties a longer period in which to come to a satisfactory agreement, it is likely that this doubling of the time in which employees can consider matters and gather evidence could result in a greater number of claims being made. Employers will be required to mitigate the extended risk as well as keep records and evidence for longer.

Other proposed changes and amendments 

Other changes include the definition of ‘initial period of employment’ to make it a day one right for the purposes of unfair dismissal. These amendments make it clear that this period will be set out by later Regulations but must be between three and nine months.

The other changes relate to guaranteed hours, rules on payments when shifts are cancelled, moved or curtailed at short notice, making additions to the definition of “matters related to gender equality” (these are the ones which employers may be required to produce equality action plans in relation to) and have had menstrual problems and menstrual disorders added. 

Clarification that the right of trade unions to access workplaces will not extend to any workplace which is also a dwelling is also included in the proposed amendments.

The proposed amendments also include new clauses proposed by various MPs, including one rendering void any non-disclosure agreement “insofar as it prevents the worker from making a disclosure about harassment (including sexual harassment)” and a second prohibiting the use of substitution clauses in contractor contracts.