Following consultations last year the government has proposed some changes to the Employment Rights Bill. These will be discussed in the House of Commons in the following days.
It has been reported that the proposed “right to disconnect” has been scrapped. This right would have allowed employees to ignore work related calls and emails outwith working hours. The proposal was to establish a Code of Practice which would require employers to agree expectations regarding out of hours contact. But in the face of criticism from business leaders it appears that the government will no longer be going ahead with this.
The original Bill included restrictions on the use of zero hour contracts with the aim of providing workers with the right to a contract which reflects the hours they actually work and gives guaranteed hours. There are also provisions including the right to reasonable notice and payment for the cancelling of shifts last minute. The most recent change here is that the government has now confirmed that these rights will also be intended to apply to agency workers. Although the framework applicable for agency workers will come from further future regulations, it appears that the requirement to offer guaranteed hours will not apply where the work is truly temporary.
Changes have been proposed to the rules regarding Statutory Sick Pay (SSP). Those earning less than the lower wage limit will now be able to be paid 80% of their wages or the SSP rate, whichever is lower. This is likely to be in force in 2026. The concept of ‘waiting days’ is also going to be removed, meaning SSP will be payable on day one of absence rather than day four.
The Employment Rights Bill still needs to go through a number of stages before it comes into force and will undoubtedly go through more changes and amendments. We will keep providing updates on progress so that employers can be ready for the changes.
If you have any questions on any of the issues raised in this article, please contact Alan Sutherland.