Employment Reforms Consultation UK | Consensus HR in Herts, Beds
Latest blog: Employment Reforms Consultation UK.
The UK government has announced an open invitation for public comments on proposed employment reforms. This initiative is aimed at gathering diverse perspectives to shape policies that will affect the labour market. The proposed reforms could include changes in areas such as worker rights, gig economy regulations, flexible working arrangements, and measures to ensure fair pay and conditions.
Full details are Available here, the deadline for responding is 11 July 2024.
“These proposals take advantage of our new regulatory freedoms having left the EU,” the Government explains, “and have the potential to deliver simpler, clearer regulations. This benefits businesses, workers, and the wider economy.”
The TUPE regulations implemented the EU’s Acquired Rights Directive in order to protect employees’ employment rights when the business or undertaking for which they work transfers to a new employer.
Proposed changes to TUPE
The Government notes that it was previously accepted that the TUPE regulations cover employees only and not “limb (b) workers”. However, the 2019 judgment of the employment tribunal in the case of Dewhurst v Revisecatch Ltd t/a Ecourier concluded that TUPE applies to limb (b) workers as well as employees.
People with limb (b) worker status are entitled to core employment rights (such as holiday pay and a minimum wage) but have increased flexibility in the way they carry out their work and therefore do not have all the rights available to employees.
Limb (b) workers are often referred to simply as “workers”.
The Government is proposing to amend the definition of “employee” in the TUPE regulations to clarify that they are not protected by the regulations. It believes that this will provide helpful clarity for businesses undertaking TUPE transfers where workers are involved.
It is also proposing to amend the TUPE regulations to clarify that an employment contract should only be transferred to one employer and should not be split between multiple employers.
Proposed changes to rules on European Works Councils
European Works Councils (EWCs) are consultative bodies that represent the European workforce of multi-national organisations. They are required under EU law where a company has 1000 employees operating over two or more European Economic Area (EEA) countries (EU Member States, plus Norway, Iceland and Liechtenstein) or 150 employees in two separate Member States.
The Government proposes removing this legacy of the UK’s membership of the EU by repealing the legal framework for EWCs in the UK, which will include a repeal of the current requirement to maintain existing EWCs.
Key Areas of Focus:
- Worker Rights and Protections:
- Enhancing job security and protection against unfair dismissal.
- Strengthening rights for temporary, part-time, and gig economy workers.
- Flexible Working:
- Promoting flexible working arrangements to support work-life balance.
- Considering the impact of remote work and hybrid models on employment contracts and workplace policies.
- Fair Pay and Conditions:
- Ensuring fair wages and addressing wage disparities.
- Improving conditions in sectors with high rates of low pay and insecure employment.
- Training and Development:
- Encouraging lifelong learning and skills development to meet changing labour market demands.
- Supporting retraining programs for workers affected by technological advancements.
- Workplace Equality:
- Tackling discrimination and promoting equality in the workplace.
- Implementing measures to close gender and ethnicity pay gaps.
Public Participation:
The government is seeking input from a wide range of stakeholders, including:
- Employees and Workers: Sharing personal experiences and views on current employment practices and potential improvements.
- Employers and Business Organisations: Providing insights on the practical implications of proposed reforms and suggesting feasible solutions.
- Trade Unions and Worker Advocacy Groups: Representing collective interests and advocating for worker rights and protections.
- General Public: Offering perspectives on how employment policies impact communities and broader societal well-being.
How to Participate:
- Online Submissions: Individuals and organisations can submit their comments and suggestions through an online portal set up by the government.
- Public Consultations: A series of public consultations and forums will be held across various regions to facilitate in-person discussions and feedback.
- Written Submissions: Written submissions can be sent to designated government offices or email addresses specified in the consultation document.
Timeline:
The consultation period will be open for several weeks, allowing ample time for stakeholders to prepare and submit their contributions. The government will review all feedback before finalizing the proposed reforms.
Our HR comment:
Our HR comment: Employment Reforms Consultation UK | Consensus HR in Herts, Beds
Matthew Chilcott, Owner of Consensus HR comments: “This consultation process represents a significant opportunity for the public to influence the future of employment laws and policies in the UK. By participating, individuals and organisations can help create a fairer, more resilient labour market that benefits all parties involved.”
