Earlier this week the government launched a number of consultations, to help inform their plans from the Employment Rights Bill (click here to read our latest analysis of the Bill).

Some of the consultations might have a direct impact on the retail sector, and we are seeking member’s views to inform an industry wide position and response. Please find more information below, including instructions on how to submit your views.

1. Zero-hour contracts and agency workers

The government is seeking views on the application of measures to tackle one-sided flexibility in zero hours contracts to agency workers.

As part of the Employment Rights Bill, Government is planning to introduce a right to guaranteed hours reflecting the hours qualifying workers have worked during a reference period, anticipated to be 12 weeks and enshrining into the law the right to reasonable notice of shifts and a right to payment for shifts cancelled or curtailed at short notice.

This consultation considers how these rights should apply to agency work.

What is being considered:

  • Government is considering whether agency workers should be offered guaranteed hours by the employment agency, or by the end hirer
  • If end hirers should be required to pay a transfer fee or use an extended hire period if they are required to offer guaranteed hours to an agency worker
  • If both employment agency and the hirer should have responsibility for providing an agency worker with reasonable notice of shifts
  • Where a tribunal finds that unreasonable notice was given, if apportion liability should be shared according to the extent that the agency and the hirer are each responsible for the unreasonable notice
  • If legislation should prescribe how the end hirer should notify the agency that they have a shift available and of changes to these and when notification should be deemed to be received
  • If agencies should be responsible for short notice cancellations and curtailment payments
  • If agencies should be able to recoup costs from end hirers to the extent that the hirer is responsible for the short notice, and if government should legislate on that

The consultation closes on 2 December, and the BRC is seeking members feedback to inform our response. Please make sure to share your views, concerns and unintended consequences by 15 November with Luiza (luiza.gomes@brc.org.uk).

Click here to read the full consultation papers

2. Fire and rehire and collective redundancy consultation

The government is seeking views on strengthening remedies against abuse of rules on collective redundancy and fire and rehire, looking at measures to strengthen the collective redundancy framework and protections for employees against fire and rehire practices.

The first part of the consultation seeks views on increasing the maximum period of the protective award for failing to adhere to collective consultation requirements, currently capped at the equivalent of 90 days’ pay.

What’s being considered:

  • Increase the protective award that a tribunal can award from 90 to 180 days;
  • Remove the cap on the protective award entirely. This would leave it to the discretion of the employment tribunal to decide the penalty of the employer.

On fire and rehire:

  • Government is considering whether an employee who makes a claim for unfair dismissal in a fire and re-hire scenario, under the new right which will be introduced by the Employment Rights Bill (clause 22), should be able to make an application for interim relief to the Employment Tribunal

The consultation closes on 2 December, and the BRC is seeking members feedback to inform our response. Please make sure to share your views, concerns and unintended consequences by 15 November with Lucy (lucy.whing@brc.org.uk).

Click here to read the full consultation papers

 

3. Statutory Sick Pay consultation 

This consultation forms part of government’s commitment to strengthen Statutory Sick Pay, and it looks at the percentage replacement rate for those earning below the current rate of Statutory Sick Pay.

The consultation aims to achieve the right balance to ensure employees are paid a certain percentage of earnings up to the flat weekly rate, so that those earning below the Lower Earnings Limit that also earn less than £116.75 per week do not receive more in sick pay than through their normal earnings.

Government is proposing that to introduce a taper to the current SSP rate, whereby an employee is entitled to a certain percentage of their average weekly earnings or the current SSP flat rate, whichever is lower

What’s being considered:

  • What should be the percentage rate

The consultation closes on 2 December, and the BRC is seeking members feedback to inform our response. Please make sure to share your views, concerns and unintended consequences by 15 November with Lucy (lucy.whing@brc.org.uk).

Click here to read the full consultation papers

4. Modernise the legislative framework for trade unions relations

Seeking views to modernise the legislative framework that underpins trade unions relations, including:

  • simplifying the amount of information unions are required to provide in industrial action notices
  • strengthening provisions to prevent unfair practices during the trade union recognition process
  • removing the 10-year ballot requirement on political funds
  • securing a mandate for negotiation and dispute resolution
  • extending the expiry of the strike mandate
  • reducing the industrial action notice period
  • updating the law on repudiation and prior call
  • the enforcement mechanism for right of access

The consultation closes on 2 December, and the BRC is seeking members input to understand if there are overarching concerns to inform an industry-wide position. Please make sure to share your views, concerns and unintended consequences by 15 November with Luiza (luiza.gomes@brc.org.uk).

Click here to read the full consultation papers.