A Worker's New Deal and the Employment Bill

A Worker's New Deal and the Employment Bill Presented by: Mrs. Bell Date: 21 October 2024 What I'm Going To Talk About - Why it matters - What the Employment Bill does - How we got here - Where we go next Why It Matters: The Lack Of Labor Protections Has Impacts On People's Lives - My son is 52 has just walked in from work and he's really poorly so I suggested he doesn't go to work tomorrow if he's not well. He said if I don't work I don’t get paid. • He's trying to save to move out but cannot afford this cost of living. He works hard for a pittance and he works for a local authority. Where is fairness for workers? Why doesn't he get sick pay? - I work in hospitality and I am struggling with strict rules around overtime & low pay. Our hours have been massively reduced so none of us are allowed to work overtime, a lot of my team relied on overtime to pay their bills. I really need this job but I am struggling to keep up with the cost of living, I have been trying to find another job for a while now but the job market is so competitive. The hospitality industry is always readily hiring, but the pay is low for the work you put in, and it is very precarious in terms of hours and workers rights (sick pay & holiday pay). It is an industry dominated by very skilled workers, yet the pay never matches, and a lot of us a really struggling with the rising cost of living. - Making the zero hours contact unlawful would help as you dont know what hours you'll be working and can't budget food and heating bills around that. You're living from hand to mouth to try and get by. If you go off sick...and that's a BIG if.. you have no chance to get back on track with bills... Something must change. - I am working as a health care assistant in hospitals and care homes through an agency. Last year I was bitten by a patient and my finger was nearly tear apart. I couldn't work for more than two weeks. I haven't receive any sick pay or other benefits and I was in debt for paying my rent and bills. Fuel for my car to travel from a place work to another was a struggle to get money for it when I started working again. - I've got to budget what I do because I don't know what income I'm going to get each month depending on the hours I get. It's quite difficult because I don't know what I'm going to do on a daily basis so if I want to take my daughter out or pay for shopping or utility bills, I've got to really be careful with what I'm spending as I don't know the hours I'm going to get next month." (Care worker) - "I could get a text now from my boss saying I want you to come in at 8 am tomorrow morning even though I'm not scheduled and if I say no I might not be given any hours next week. - "No one ever wants to raise even a legitimate concern at work because, even if your claim is legitimate, legally your boss can make your hours disappear. They don't need to provide a justification for why you've worked less hours. - "I always try and save money whenever I can because tomorrow I could stop getting hours and I might not know when I'll get them again." (Hospitality worker) - New UK laws to stop repeat of P&O mass sackings scandal go before parliament - Amazon workers narrowly reject union in historic vote The Employment Bill - "The biggest levelling-up of workers' rights in a generation." - Keir Starmer - "Our reforms will raise the floor and end the race to the bottom that saw some compete based on low pay, low standards and insecurity." - Angela Rayner - "...the most significant shift in UK employment law in the last fifty years..." - Alan Bogg and Michael Ford • - ‘...a real moment of hope for working people...’ -Paul Nowak The Employment Bill: Addressing 'One Sided' Flexibility - Zero Hours contracts Workers on ZHCs and (as yet undefined) low hours contracts will gain a right to guaranteed hours which reflect the hours they regularly worked over a 12week reference period. There will be a corresponding duty on employers to offer guaranteed hours. • Workers on ZHCs, contracts that do not specify a working pattern; or workers offered an irregular shift outside of a contractually-specified pattern (including partially) will gain a right to reasonable notice of shifts. • These workers will also gain a right to payment for a cancelled, moved and curtailed shift. - Flexible working • The bill proposes relatively small changes to the law on flexible working. • There are no changes to business reasons for rejection of a flexible working request. • However, an employer must now provide an explanation for why any rejection is reasonable. The Employment Bill - sick pay and tips Statutory sick pay • The bill will remove the provision that means SSP is not payable for the first three qualifying days. It will now be payable when a worker is incapable of work for a single day or longer, as opposed to the current requirement for 4 consecutive days of incapacity. • The bill will remove the requirement to earn at least the Lower Earnings Limit in order to be eligible for SSP (currently £123 per week) • The bill sets the weekly rate of SSP at £116.75 or a prescribed percentage of the employee's weekly earnings, whichever is lower. - Tips and gratuities • The bill amends the existing requirement for employers to have a written tips policy. • It requires employers to consult with unions or worker reps before employers write a tips policy. • It requires employers to review their policy regularly, at least every three years. And that they should consult with workers before reviews. • It also requires employers to publish a written summary of responses to their consultation with workers. The Employment Bill - Better Equalities Protections - Family leave • The bill removes qualifying periods for parental leave and paternity leave. • Removes the requirement to take paternity/adoption leave before parental leave, allows paternity/adoption leave to be taken following shared parental leave and ends the restriction on paying paternity pay after shared parental pay. • It introduces bereavement leave, rather than parental bereavement leave which will give more workers access to the right. • The Bill also contains proposals to strengthen dismissal protections for pregnant employees and returning mothers. - Protection from harassment • The bill imposes direct liability for employers if they fail to take "all" reasonable steps to prevent harassment by third parties, which is a more robust requirement and will encourage employers to report the proactive actions they have taken. • It also amends the Equality Act to change the preventative duty from an obligation to take reasonable steps to prevent sexual harassment to an obligation to take 'all' reasonable steps to prevent sexual harassment. • Whistleblowing protections are extended to apply to disclosures relating to sexual harassment The Employment Bill - Day One Rights - Unfair dismissal • The two-year qualifying period for unfair dismissal protection will be removed. Employees will have the right to claim unfair dismissal from day one, as long as they've started work. They won't be able to claim if a signed contract is withdrawn before the start date. • A new statutory probationary period, called an 'initial period of employment', will be introduced. The length is not set out in the bill but the government has stated in the 'next steps to make work pay' that its preference is for a maximum of nine months. • Even if the dismissal does take place during the initial period of employment it will still be possible for the employee to claim unfair dismissal. • The employer will have to show that the reason for dismissal is either related to the employee's conduct or capability, is because the employee is subject to a statutory ban or is 'some other substantial reason related to the employee'. Importantly, a dismissal for redundancy is not included in this list. The Employment Bill - job loss protections Fire and rehire • The bill proposes making it automatically unfair if someone is dismissed for refusing to agree to the variation of contract, or to enable the employer to recruit someone else under new terms but with substantially the same duties. • There is a very limited exception, where the employer is in dire financial straits and about to collapse. • Gov will consult on lifting the cap of the protective award if an employer is found to not have properly followed the collective redundancy process and consider the role of role interim relief. - • Collective redundancy Collective consultation will be triggered when an employer plans 20 or more redundancies, regardless of the size of the workplace. • • Where ships are UK registered or foreign flagged, providing a service within Great Britain or call at a port in Great Britain 120 times a year, employers have to inform the Secretary of State of their plans where they are proposing to make collective redundancies of 100 or more across ships' crew. The Employment Bill - Tougher Rules On Outsource And Pay Gap Reporting Outsourcing • Ministers are instructed in the Bill to produce a code of practice (the two-tier workforce code) containing guidance to contracting authorities in relation to relevant outsourcing contracts - Pay gap reporting • Regulations are to be introduced which may require employers with over 250 staff have to publish a plan to address gender pay gap and support employees through menopause The Employment Bill New Sectoral Bodies Fair Pay Agreement in social care • The bill gives significant powers to the secretary of state to establish a system for a fair pay agreement i in social care. • Unions and employers are to be represented in equal numbers • The Secretary of State is given considerable powers to set the terms of reference for the new body - School staff negotiating body • The bill establishes a school support staff negotiating body for England. • The body will consider pay; terms and conditions of employment; training; and career progression of school support staff in England. The bill also allows the Secretary of State to include within or exclude matters from the School Support Staff Negotiating Body's remit by regulations. The Employment Bill - Stronger Trade Union Rights New provisions around access to workplaces • The bill provides for unions who are on the Certification Officer's list and employers to enter into 'access agreements' • This will enable "union officials" to enter workplaces to meet trade union members, recruit new trade union members, support a trade union member with an employment related matter, or to facilitate collective bargaining - but not to organize industrial action • - Range of powers for the CAC to determine when requests are to be granted. Trade union recognition • The bill scraps the requirement for a union to have 10 per cent membership in a workplace to seek recognition. • It is to be replaced by a percentage between 2 per cent and 10 per cent to be confirmed • Trade unions will no longer be required to show that a majority of workers are likely to support union recognition to start the recognition process. • In a ballot a simple majority of workers will need to support it removing the requirement for 40 per cent of those eligible to vote to support recognition. The Employment Bill - Repealing The 2016 Trade Union Act - Removes the Trade Union Act 2016 provision so that members are automatically optedin to contribute to a political fund where a union has one, unless they expressly opt-out. - Repeals hurdles to 'check off' of subscriptions in the public sector - Strengthens provisions on facility time - Removes ballot thresholds for industrial action that, 50 per cent of those entitled to vote had to turn out and a majority to vote in favor. In 'important public services', 40 per cent of those entitled to vote must support industrial action for it to go ahead. - Removes complex information requirements on ballots for industrial action - Removes requirement to undertake an independent review before moving to e-balloting - Returns the notice period for industrial action to 7 days (from 14) - Removes requirements for union supervision of picketing - Removes 2016 act powers for the Certification Office - including reporting on industrial action and political expenditure, and CO investigatory powers The Employment Bill - Further Trade Union Powers - Statutory duties for equality reps • The bill provides for union equality reps to have paid time off for carrying out or preparing for union work related to equality. - Strengthened protections against blacklisting - Further protection against detriment for taking industrial action - Repeal of the Minimum Services Legislation And more to come… - - Consultations published today: • Sick pay - rate for those on low earnings • Applying ZHC provisions to agency workers • Strengthening remedies against fire and rehire 'A modern framework for industrial relations' • Potential to: Strengthen recognition provisions Simplify industrial action ballots Update the law on repudiation and prior call Strengthen access provisions Are there any wider modernizing reforms relating to trade union legislation that you would like to see brought forward by the government? If yes, please state these and why. And more… - A review of the parental leave system. - A review of paid carers' leave. - A consultation on ensuring the introduction of surveillance technologies requires negotiations with trade unions and staff representatives. - A framework for a single status of worker. - Strengthen protections for the self-employed through a right to written contract; extending blacklisting protections and extending health and safety protections. This will be considered in the single 'worker' status consultation. - A call for evidence on Transfer of Undertakings (Protection of Employment) regulations and process. - A review of health and safety guidance and regulations. - A consultation with Acas on enabling employees to collectively raise grievances about conduct in their place of work. - Action on procurement including a new National Procurement Policy Statement ahead of the commencement of the 2023 Procurement Act in February 2025. - Extension of the Freedom of Information Act to private companies that hold public contracts and publicly funded employers. - Delivering a right to switch off outside working hours through a statutory Code of Practice Change in the academic/elite consensus - Economists' enthusiasm for technical change as the instrument of universal enrichment is no longer tenable (if it ever was)." (Angus Deaton, in the IMF review) • "Like most of my age cohort, I long regarded unions as a nuisance that interfered with economic (and often personal) efficiency and welcomed their slow demise. • But today large corporations have too much power over working conditions, wages, and decisions in Washington, where unions currently have little say compared with corporate lobbyists. Unions once raised wages for members and non members, they were an important part of social capital in many places, and they brought political power to working people in the workplace and in local, state, and federal governments. Their decline is contributing to the falling wage share, to the widening gap between executives and workers, to community destruction, and to rising populism....the direction of technical change has always depended on who has the power to decide; unions need to be at the table for decisions about artificial intelligence. What comes next? - There's a long way to go before the Bill becomes law - we need to keep campaigning • Most of the costs would represent "a transfer from businesses to their workers", according to an assessment document released on Monday. "At this stage we believe the direct cost to business would be in the low billions of pounds per year." - - Including to strengthen the Bill • Access rights • Union recognition • Anti-avoidance on zero hours contracts • Unfair dismissal protection • Simplifying industrial action legislation • Decent sick pay • Widening sectoral bargaining • And more… We have to use the rights we get to grow trade union membership and workers' power - And start planning for where else we need to expand workers' rights • Expanding sectoral bargaining • Responding to artificial intelligence and new technology