The consultation is open until 30 September 2024 and is split out into the following four key topics:
- Terms of employment
- Pay and benefits
- Voice and representation; and
- Work-life balance
The consultation is seeking views on the following areas:
Terms of employment
- Replacing zero hours contracts with contracts that provide flexibility and protect workers' rights. Consideration as to whether there should be an outright ban of zero hours contracts or whether there are circumstances when such contracts should be permitted.
- Where a worker regularly works more hours than their contract states, should they have a right to move to a banded hours contract which more accurately reflects the hours they work?
- Should a worker have the right to request a more stable contract?
- Understanding employment status and addressing bogus self-employment. The consultation seeks views so it can better understand the nature and extent of the challenges around employment status.
- Whether regulation is required regarding the practice of "fire and rehire" to help discourage unscrupulous behaviour and unfair practices. Should a statutory Code of Practice be introduced? Should legislation be introduced?
- Introducing an offence of personal liability for corporate office holders in relation to the redundancy notification process.
- Whether legislation should be made requiring a written statement to be provided to all workers, that it should be a day one right, and stipulate minimum content requirement.
- Proposal to abolish an arrangement that may adversely affect pay parity between agency workers and other workers.
- Proposal to require the production of a key information document providing pay transparency for assignments.
- Whether information sharing should take place between the Employment Agency Inspectorate and other regulatory bodies.
- Proposal to provide the Employment Agency Inspectorate with new enforcement powers.
Pay and benefits
- Proposal to legislate so as to require employers to pass on payments for service in full (aside from any deductions required by law) and requiring that the distribution is fair and transparent.
- Proposal to extend the holiday pay calculation reference period for workers on variable hours from 12 weeks to 52 weeks.
- The consultation is also seeking views on working time record keeping requirements and the right to disconnect.
Voice and representation
- Improving workplace access for trade union officials.
- Consideration is being given to reducing the number of employees required for a trade union to seek formal recognition.
- Opinions are sought in relation to the benefits of sectoral bargaining to the local economy.
- Whether the current system of providing notice of industrial action is fit for purpose.
- Whether protection for trade union officials is fit for purpose and whether the current unfair dismissal protection for workers taking part in official industrial action is adequate.
- Some practical TUPE issues such as whether TUPE provisions including information and consultation should apply to microbusinesses, whether TUPE should apply to workers and removing the concept of split employment contracts following a transfer.
- A whistleblowing proposal to require prescribed person to produce an annual report setting out minimum stipulated information.
Work-life balance
- A proposal to enhance current flexible working rights by making the right to request flexible working available to both new and existing employees, allowing an employee to make two statutory requests in any 12-month period, and removing the requirement for the employee to explain what effect the change would have on the employer and how that might be dealt with.
- A proposal to introduce unpaid carer's leave to create a new right to up to one week of unpaid leave per year for eligible employees who have caring responsibilities.
- A proposal to introduce a new right to statutory leave and pay for eligible employees whose newborn enters neonatal care within 28 days of birth for a period of 7 or more days up to a period of 12 weeks.
- A proposal to create an additional protection period from redundancy during pregnancy which would begin as soon as a person informs their employer of their pregnancy and in cases of pregnancy loss, this would include a further two weeks of protection after the pregnancy ends.
- A further proposal to extend the period of protection from redundancy to 18 months from when the child is born, stillborn, expected to be born, or is placed for adoption. This period of 18 months would include any period of relevant leave taken.
- A proposal to make the right to paternity leave more flexible by enabling the leave to be taken as a single block of two weeks or two blocks of one week within 52 weeks of birth or adoption; reducing the notice period required before the leave can be taken; and making the leave entitlement available from the first day of employment.
Comment
The appetite for change is certainly there, however we will have to wait and see what the outcome is of the extensive consultation. Many of the changes mirror ongoing change in Great Britain, however there is still no mention of a two year back stop for unlawful deduction from wages claims. Further, some of the proposals from Labour's Plan to Make Work Pay are also missing such as making unfair dismissal a day one right.
If you have any queries with regard to the issues raised in this update please contact Rachel Richardson on the details below.
