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Today, government launched two consultations on the Employment Rights Act (ERA), one on Trade Union (TU) relations and one on Fire and Rehire, both running for 8 weeks and closing on 1 April 2025. We are expecting further consultations to open by the end of the week, including one on changes to flexible working.

The BRC is planning to respond to both consultations on behalf of retailers - please see below some more information and how to engage with us to inform our response. 

 

  1. Consultation on the revised Code of Practice on Access and Unfair Practices and unfair practices in electronic ballots

Changes to TU recognition and derecognition are coming in force later this year, and Government is consulting on its updates to the Code of Practice on access and unfair practices during the recognition and derecognition process. The consultation seeks views on:

  • Changes made to the code in relation to changes being made to the statutory recognition and derecognition process by the ERA.
  • Changes to the structure of the Code, including making provisions applicable to the full recognition and derecognition process and not just the ballot stage.
  • Other changes have been made to the Code unrelated to ERA, including changes to reflect modern working practices and language

The proposed Code relates solely to the recognition and derecognition process, which is not the same as the new general access provisions in the ERA, which are being consulted on separately.

The second part of the consultation looks at proposed changes to the legislation on unfair practices to facilitate the use of electronic balloting methods for recognition and derecognition ballots.

We are keen to hear from retailers on this, and as always, are available to 121 conversations with members – please contact Luiza (luiza.gomes@brc.org.uk) to arrange a chat. The consultation closes on 1 April, and we welcome written feedback on this by 13 March. We’ll arrange a HR Technical to inform our response (date to be confirmed shortly).

Additionally, ACAS has launched a consultation on the draft Code of Practice on time off for trade union duties and activities, seeking to embed the changes made in the ERA and offer clarity of the law and practical guidance on the new requirements. The consultation seeks views on changes and clarity in guidance and around the new requirement for employers to provide accommodation and facilities for carrying out their duties. BRC will be responding and is seeking members' views - please share your views with Cara (Cara.Shepherd@brc.org.uk) or arrange a call by Friday 27th February.

 

  1. Fire and rehire

The second consultation launched today concerns 'Fire and Rehire: changes to expenses, benefits, and shift patterns. Following extensive representations from the BRC and others (see our 2024 consultation responses on fire and rehire here, government amended its original proposals in this area which specified certain restricted and unrestricted variations - that is, some contractual amendments will now be considered acceptable and fall out of scope of the new provisions. 

The consultation seeks views on the specific types of contractual amendments that should fall in and out of scope of the policy. In particular, it covers two areas: employment expenses & benefit in kind, and changes to shift patterns.

BRC will be responding and are seeking members' views. Please share your views or arrange a call with Luiza (luiza.gomes@brc.org.uk) by Friday 13th March. We will also confirm a member meeting to discuss the consultation in due course.