The Government’s Approach to Employment Changes
Here we take a more detailed look at how the new Labour government may seek to legislate in the employment jurisdiction to tackle what they perceive to be ‘exploitative practices’ while also ‘improving stability’ and ‘generating economic growth’. From previous Labour pronouncements as well as other regulatory sources, we look at four potential measures that the government may legislate for:
- A right to request a more stable and predictable contract
One likely option that the government may pursue is to provide a right for individuals (employees and likely workers) to request a more stable and predictable contract. Crucial to the impact of this right will be how any legislation addresses issues like what if any reference period for such a right is appropriate, whether there should be a minimum qualifying period and whether certain industries, due to their nature, should be exempt?
- A right to have reasonable notice of a work schedule
To provide more certainty for workers another measure that the government may pursue is to give workers the right to have reasonable notice of their work schedule. For example, a worker will have a right to reasonable and recordable notice of their working shifts, such as by printed document, email, or text. In terms of practicality, businesses will be keen for any legislation to consider industry specifics as well as the uncertain nature of the temporary work sector.
- Shift cancellation compensation
Linked to the above measure, the government may try to impose compensation for shift cancellation or curtailment without reasonable notice. Consultation on any such measure will be crucial, particularly with regards to the circumstances in which compensation will come due and the level of any compensation.
- An enhanced written statement of particulars
Given the nature of the above potential measures being founded on workers being provided with better information, we would expect that they are consolidated with a general requirement for the right to an enhanced written statement of particulars. The temporary labour market is no stranger to responding to increased information requirements and how any new requirements mesh with existing ones will be crucial.
In approaching what’s next for employment law, the new government will be treading a fine line between increasing stability for workers and ensuring any new measures work for businesses. For businesses, be on guard and as always, we’ll be ready to advise on the changes as they emerge.
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