Employment Rights Bill 2024-26 Amendments

Date	Debate
Tuesday 28th October 2025	Consideration of Commons amendments and / or reasons
Monday 15th September 2025	Consideration of Lords amendments

Date	Debate
Wednesday 3rd September 2025	3rd reading

Date	Debate
Monday 21st July 2025	Report stage part two
Monday 21st July 2025	Report stage part one
Wednesday 16th July 2025	Report stage
Monday 14th July 2025	Report stage part two
Monday 14th July 2025	Report stage part one

Date	Debate
Wednesday 18th June 2025	Committee stage part two
Wednesday 18th June 2025	Committee stage part one
Monday 16th June 2025	Committee stage: Part 2
Monday 16th June 2025	Committee stage: Part 1
Tuesday 10th June 2025	Committee stage part two
Tuesday 10th June 2025	Committee stage part two
Thursday 5th June 2025	Committee stage
Tuesday 3rd June 2025	Committee stage part one
Tuesday 3rd June 2025	Committee stage part two
Wednesday 21st May 2025	Committee stage
Monday 19th May 2025	Committee stage part two
Monday 19th May 2025	Committee stage part one
Tuesday 13th May 2025	Committee stage: Part 2
Tuesday 13th May 2025	Committee stage: Part 1
Thursday 8th May 2025	Committee stage
Tuesday 29th April 2025	Committee stage part two
Tuesday 29th April 2025	Committee stage part one

Date	Debate
Wednesday 12th March 2025	Report stage (day 2)
Tuesday 11th March 2025	Report stage (day 1) continued
Tuesday 11th March 2025	Report stage (day 1)

Date	Debate
Thursday 16th January 2025	Committee stage: 21st Sitting
Tuesday 14th January 2025	Committee stage: 20th sitting
Tuesday 14th January 2025	Committee stage: 19th sitting
Thursday 9th January 2025	Committee stage: 18th Sitting
Thursday 9th January 2025	Committee stage: 17th Sitting
Tuesday 7th January 2025	Committee stage: 16th Sitting
Tuesday 7th January 2025	Committee stage: 15th Sitting
Tuesday 17th December 2024	Committee stage: 14th Sitting
Tuesday 17th December 2024	Committee stage: 13th Sitting
Thursday 12th December 2024	Committee stage: 12th Sitting
Thursday 12th December 2024	Committee stage: 11th Sitting
Tuesday 10th December 2024	Committee stage: Tenth Sitting
Tuesday 10th December 2024	Committee stage: Ninth Sitting
Thursday 5th December 2024	Committee stage: 8th Sitting
Thursday 5th December 2024	Committee stage: 7th Sitting
Tuesday 3rd December 2024	Committee stage: 6th Sitting
Tuesday 3rd December 2024	Committee stage: 5th Sitting
Thursday 28th November 2024	Committee stage: 4th Sitting
Thursday 28th November 2024	Committee stage: 3rd Sitting
Tuesday 26th November 2024	Committee stage: 2nd sitting
Tuesday 26th November 2024	Committee stage: 1st sitting

Type	Description
	Black center indicates Government or Bill Sponsor amendment
	Front Bench Amendment from any Opposition Party indicated by party colour
	Back Bench Amendment from any MP - Outline Colour indicates party

Bill Content
List of Amendments

11 New Clauses Proposed

Page 1

Part 1

Employment rights

Zero hours workers, etc

Show Explanatory Text

"Right to guaranteed hours"

Source Bill 011 EN 2024-25

63. This clause amends Part 2A of the Employment Rights Act 1996 (zero hours workers). It inserts a new heading for the existing provisions at Part 2A and categorises them into a new Chapter 1 (Exclusivity Terms and other restrictions). It then inserts a new Chapter 2 into Part 2A of the Act, consisting of Section 27BA

Right to guaranteed hours

(1)

Part 2A of the Employment Rights Act 1996 (zero hours workers) is amended

as follows.

(2)

In the Part heading, at the end insert “and similar”.

Page 2

(3)

Before section 27A insert—

Chapter 1

Exclusivity terms and other restrictions

(4)

After section 27B insert—

Chapter 2

Right to guaranteed hours

27BA

Right for qualifying workers to be offered guaranteed hours

(1)

An employer must make a guaranteed hours offer to a worker in

accordance with section 27BB after the end of every period—

(a)

that is a reference period in relation to that worker and that

employer, and

(b)

in relation to which the worker is a qualifying worker of the

employer.

(2)

Section 27BD makes provision for exceptions to this duty, including

in certain cases where the worker ceases to be employed by the

employer.

(3)

A worker is a qualifying worker of an employer in relation to a

reference period if—

(a)

during the reference period the worker was employed by the

employer under one or more worker’s contracts (whether or

not continuously) and either—

(i)

the worker’s contract was, or the worker’s contracts

were, a zero hours contract or entered into in accordance

with a zero hours arrangement, or

(ii)

the worker’s contract, or the worker’s contracts (taken

together), required the employer, or were entered into

in accordance with an arrangement that required the

employer, to make work available to the worker during

the reference period for a number of hours (“the

minimum number of hours”) not exceeding a specified

number of hours,

(b)

during the reference period the worker worked under the

worker’s contract or the worker’s contracts (taken together)

for a number of hours (the “reference period hours”),

(c)

where paragraph (a) (ii) applies, the reference period hours

exceeded the minimum number of hours,

(d)

the reference period hours satisfy such conditions (or, where

paragraph (a) (ii) applies, such further conditions) as to number,

regularity or otherwise as are specified, and

Page 3

(e)

when the worker worked the reference period hours, it was

not as an excluded worker or an agency worker (but see section

27BV for power to make provision about agency workers).

(4)

In relation to a worker and the worker’s employer, each of the

following is a “reference period”—

(a)

the initial reference period, and

(b)

each subsequent reference period.

(5)

“The initial reference period”, in relation to a worker and the worker’s

employer, means the period—

(a)

beginning with—

(i)

where the worker is employed by the employer on the

day on which subsection (1) comes into force (“the

commencement day”), the commencement day, or

(ii)

where the worker is not so employed, the first day after

the commencement day on which the worker is

employed by the employer, and

(b)

ending with the specified day.

(6)

A “subsequent reference period”, in relation to a worker and the

worker’s employer, means a period beginning and ending with the

specified days.

(7)

For the purposes of this Chapter—

(a)

references to a “qualifying worker” are to a worker who is a

qualifying worker of an employer in relation to a reference

period by virtue of subsection (3) , and

(b)

the reference period in relation to which the worker is a

qualifying worker of the employer is referred to as “the relevant

reference period”.

(8)

Nothing in this Chapter prevents an employer from making one or

more other offers to a qualifying worker, to vary the worker’s terms

and conditions of employment or enter into a new worker’s contract,

at the same time as making a guaranteed hours offer.

(9)

Regulations made under subsection (3) (d) , (5) or (6) may, in particular,

include provision to take account of time when a worker does not

work for a specified reason.

(10)

In this section, “excluded worker” means a worker who is of a specified

description.

27BB

Requirements relating to a guaranteed hours offer

(1)

An offer by an employer to a qualifying worker is a guaranteed hours

offer for the purposes of this Chapter if it is an offer—

(a)

to vary the worker’s terms and conditions of employment (but

see subsection (5) ), or

Page 4

(b)

to enter into a new worker’s contract,

and the terms and conditions as varied or (as the case may be) the

new worker’s contract will require the employer to make work

available to the qualifying worker for a number of hours that reflects

the reference period hours in the relevant reference period.

(2)

The Secretary of State may by regulations provide that an offer by an

employer to a qualifying worker is a guaranteed hours offer for the

purposes of this Chapter only if it also satisfies the condition in

subsection (3) .

(3)

The condition referred to in subsection (2) is that—

(a)

the offer sets out—

(i)

the days of the week, and the times on those days, when

the employer is to be required to make work available

to the qualifying worker for the offered number of

hours, or

(ii)

a working pattern of days, and times of day, by

reference to which the employer is to be required to

make work available to the qualifying worker for the

offered number of hours, and

(b)

those days and times reflect, or that pattern reflects, when the

qualifying worker worked the reference period hours in the

relevant reference period.

(4)

The Secretary of State may by regulations make provision about how

it is to be determined—

(a)

whether an offer reflects the number of hours worked by a

qualifying worker during a reference period;

(b)

where regulations are in force under subsection (2) , whether

an offer reflects when hours were worked by a qualifying

worker during a reference period.

(5)

A guaranteed hours offer may take the form of an offer to vary a

qualifying worker’s terms and conditions of employment (as opposed

to an offer to enter into a new worker’s contract) only if—

(a)

the qualifying worker worked for the employer under a

worker’s contract at the beginning of the relevant reference

period, and

(b)

the qualifying worker is still working for the employer under

that worker’s contract on the day the offer is made.

(6)

A guaranteed hours offer that takes the form of an offer to vary a

qualifying worker’s terms and conditions of employment—

(a)

must propose the removal of any term that provides for the

contract to terminate by virtue of a limiting event unless, if the

contract were entered into on the day the offer is made, it

would be reasonable for it to be entered into as a limited-term

contract;

Page 5

(b)

may not propose any other variation of the worker’s terms and

conditions of employment (other than what is required by or

under subsections (1) and (2) ).

(7)

A guaranteed hours offer that takes the form of an offer to enter into

a new worker’s contract—

(a)

must not propose a new worker’s contract that is a limited-term

contract unless it is reasonable for it to be entered into as such

a contract, and

(b)

must (in addition to what is required by or under subsections

(1) and (2) ) propose terms and conditions of employment—

(i)

that, taken as a whole, are no less favourable than the

terms and conditions of employment relating to matters

other than working hours and length of employment

that the qualifying worker had when working for the

employer during the relevant reference period, or

(ii)

where section 27BC applies, that comply with subsection

(2) of that section.

(8)

For the purposes of this section it is reasonable for a worker’s contract

of a qualifying worker to be entered into as a limited-term contract

only if—

(a)

it is reasonable for the qualifying worker’s employer to consider

that the worker is only needed to perform a specific task and

the contract provides for termination when the task has been

performed,

(b)

it is reasonable for the qualifying worker’s employer to consider

that the worker is only needed until the occurrence of an event

(or the failure of an event to occur) and the contract provides

for termination on the occurrence of the event (or the failure

of the event to occur), or

(c)

it is reasonable for the qualifying worker’s employer to consider

that there is only a temporary need of a specified description

(not falling within paragraph (a) or (b) ) for the qualifying

worker to do work under the contract and the contract is to

expire at a time when it is reasonable for the employer to

consider that the temporary need will come to an end.

(9)

A guaranteed hours offer—

(a)

must be made by no later than the specified day,

(b)

must be made in the specified form and manner, and

(c)

must be accompanied by specified information relating to the

offer.

(10)

The Secretary of State may by regulations make provision about when

a guaranteed hours offer is to be treated as having been made.

Page 6

(11)

In this section, “reference period hours”, in relation to a qualifying

worker and a relevant reference period, has the same meaning as in

section 27BA (3) .

27BC

Requirements relating to a guaranteed hours offer: supplementary

(1)

This section applies where—

(a)

a guaranteed hours offer made by an employer to a qualifying

worker takes the form of an offer to enter into a new worker’s

contract, and

(b)

during the relevant reference period—

(i)

the qualifying worker worked for the employer under

more than one worker’s contract and did not have the

same terms and conditions of employment relating to

matters other than working hours and length of

employment under those worker’s contracts, or

(ii)

the qualifying worker worked for the employer under

only one worker’s contract but there was a variation

during the relevant reference period of the qualifying

worker’s terms and conditions of employment relating

to matters other than working hours and length of

employment.

(2)

Where this section applies, the guaranteed hours offer may propose

terms and conditions of employment (in addition to what is required

by or under section 27BB (1) and (2) ) that, taken as a whole, are less

favourable than the most favourable terms and conditions of

employment relating to matters other than working hours and length

of employment that the qualifying worker had when working for the

employer during the relevant reference period, but only if—

(a)

those proposed terms and conditions, taken as a whole, are no

less favourable than the least favourable terms and conditions

relating to matters other than working hours and length of

employment that the qualifying worker had when working for

the employer during the relevant reference period, and

(b)

the proposal of those terms by the employer constitutes a

proportionate means of achieving a legitimate aim.

(3)

If an employer relies on subsection (2) when making a guaranteed

hours offer to a qualifying worker, the employer must give to the

qualifying worker a notice that—

(a)

states that the employer has done so, and

(b)

explains how the proposed terms and conditions constitute a

proportionate means of achieving a legitimate aim.

(4)

A notice under subsection (3) must be given by no later than the same

day, and in the same form and manner, as the guaranteed hours offer

(see section 27BB (9) ).

Page 7

27BD

Guaranteed hours offer: exceptions to duty to make offer and

withdrawal of offer

(1)

The duty imposed by section 27BA (1) on an employer in relation to

a qualifying worker does not apply if during the relevant reference

period or the offer period there is a relevant termination of—

(a)

the worker’s contract under which the qualifying worker has

been working (or has most recently been working) for the

employer, or

(b)

the arrangement in accordance with the terms of which the

qualifying worker has been working (or has most recently been

working) for the employer.

(2)

A guaranteed hours offer made by an employer to a qualifying worker

is to be treated as having been withdrawn if during the response

period there is a relevant termination of—

(a)

the worker’s contract under which the qualifying worker has

been working (or has most recently been working) for the

employer, or

(b)

the arrangement in accordance with the terms of which the

qualifying worker has been working (or has most recently been

working) for the employer.

(3)

There is a relevant termination of a worker’s contract entered into

between a qualifying worker and an employer if—

(a)

the qualifying worker terminates (with or without notice) the

worker’s contract otherwise than in circumstances in which

the worker is entitled to terminate it without notice by reason

of the employer’s conduct,

(b)

the employer terminates (with or without notice) the worker’s

contract and—

(i)

the employer’s reason for doing so (or, if more than

one, the employer’s principal reason for doing so) is a

qualifying reason, and

(ii)

in the circumstances (including the size and

administrative resources of the employer’s undertaking)

the employer acts reasonably in treating the reason (or

the principal reason) as a sufficient reason for

terminating the contract, or

(c)

the worker’s contract terminates by virtue of a limiting event

and it was reasonable for the contract to have been entered

into as a limited-term contract.

(4)

There is a relevant termination of an arrangement entered into between

a qualifying worker and an employer if—

(a)

the qualifying worker or the employer terminates the

arrangement and the termination is equivalent to a termination

falling within subsection (3) (a) or (b) , or

Page 8

(b)

the arrangement was not intended to be permanent and the

termination of it is equivalent to a termination falling within

subsection (3) (c) .

(5)

The Secretary of State may by regulations make provision for the duty

imposed by section 27BA (1) not to apply, or for a guaranteed hours

offer that has been made to be treated as having been withdrawn, in

other specified circumstances.

(6)

Subsection (8) of section 27BB applies for the purposes of subsection

(3) (c) as it applies for the purposes of that section.

(7)

In this section—

“the offer period” , in relation to a qualifying worker and the

qualifying worker’s employer, means the period beginning

with the day after the day on which the relevant reference

period ends and ending with—

(a)

the day on which a guaranteed hours offer is made to

the qualifying worker by the employer, or

(b)

if no guaranteed hours offer is made before the day

specified under section 27BB (9) (a) as the last day on

which the employer may make such an offer to the

qualifying worker, that last day;

“qualifying reason” means—

(a)

a reason of the type mentioned in section 98(1)(b), or

(b)

in relation to a worker who was not an employee

immediately before ceasing to be employed, a reason

that would be of the type mentioned in section 98(1)(b)

if references in that provision and in section 98(2) and

(3) to an employee were references to a worker;

“the response period” , in relation to a guaranteed hours offer

made to a qualifying worker, means the period—

(a)

beginning with the day after the day on which the offer

is made, and

(b)

ending with the specified day.

27BE

Acceptance or rejection of a guaranteed hours offer

(1)

Where an employer makes a guaranteed hours offer to a qualifying

worker and the offer is not treated as having been withdrawn by

virtue of section 27BD (2) or regulations under section 27BD (5) , the

qualifying worker may, by giving notice to the employer before the

end of the response period, accept or reject the offer.

(2)

Where the guaranteed hours offer takes the form of an offer to vary

the qualifying worker’s terms and conditions of employment and the

qualifying worker gives notice under subsection (1) accepting the offer,

the variation (assuming the worker’s contract that was in force when

the guaranteed hours offer was made is still in force) is to be treated

Page 9

as taking effect on the day after the day on which notice is given (but

this is subject to subsection (6) ).

(3)

If the guaranteed hours offer takes the form of an offer to vary the

qualifying worker’s terms and conditions of employment but the

worker’s contract that was in force when the guaranteed hours offer

was made ceases to be in force during the response period—

(a)

the qualifying worker may (if the offer is not treated as having

been withdrawn by virtue of section 27BD (2) or regulations

under section 27BD (5) ) still give notice under subsection (1)

accepting the offer, and

(b)

if the qualifying worker does so—

(i)

the qualifying worker and the employer are to be

treated as entering into a worker’s contract on the day

after the day on which notice is given (but this is subject

to subsection (6) ), and

(ii)

the terms of the contract are to be treated as being the

terms of the worker’s contract that was in force when

the guaranteed hours offer was made as varied in

accordance with the terms of the offer.

(4)

Where the guaranteed hours offer takes the form of an offer to enter

into a new worker’s contract and the qualifying worker gives notice

under subsection (1) accepting the offer—

(a)

the qualifying worker and the employer are to be treated as

entering into a worker’s contract in the terms of the offer on

the day after the day on which notice is given (but this is

subject to subsection (6) ), and

(b)

that worker’s contract is to be treated as replacing any other

worker’s contract entered into between the qualifying worker

and the employer that is in force on that day.

(5)

But where, by virtue of subsection (4)(b), a new worker’s contract

replaces another worker’s contract of a qualifying worker who is an

employee—

(a)

that is not to be treated for the purposes of this Act as breaking

the continuity of a period of employment of the qualifying

worker;

(b)

the worker’s contract that is replaced is not to be treated for

the purposes of Part 10 as having terminated.

(6)

A qualifying worker and an employer may agree, for the purposes of

subsection (2) , (3) or (4) , that the variation of the qualifying worker’s

terms and conditions of employment is to be treated as taking effect,

or (as the case may be) the new worker’s contract is to be treated as

being entered into, on a later day than the day mentioned in the

subsection (and, in subsection (4) (b) , the reference to “that day” is then

to be read as a reference to the later agreed day).

Page 10

(7)

If a qualifying worker to whom a guaranteed hours offer has been

made does not give notice under subsection (1) before the end of the

response period, the qualifying worker is to be treated as having

rejected the offer.

(8)

The Secretary of State may by regulations make provision about—

(a)

the form and manner in which notice under subsection (1)

must be given by a qualifying worker to an employer;

(b)

when notice given by a qualifying worker to an employer under

subsection (1) is to be treated as having been given.

(9)

In this section, “the response period” has the same meaning as in

section 27BD .

27BF

Complaints to employment tribunals: grounds

(1)

A worker may present a complaint to an employment tribunal that—

(a)

the duty imposed by section 27BA (1) applies to the worker’s

employer in relation to the worker and a particular reference

period, but

(b)

by the end of the last day of the offer period, the employer

has not made an offer to vary the worker’s terms and

conditions of employment or to enter into a new worker’s

contract in compliance (or purported compliance) with that

duty (whether because the employer does not consider that

the worker is a qualifying worker in relation to the reference

period or for any other reason).

(2)

A worker may present a complaint to an employment tribunal that—

(a)

the duty imposed by section 27BA (1) applies to the worker’s

employer in relation to the worker and a particular reference

period, but

(b)

the offer that the employer has made to the worker in relation

to that reference period to vary the worker’s terms and

conditions of employment or to enter into a new worker’s

contract is not a guaranteed hours offer as described in—

(i)

subsection (1) of section 27BB (read with any regulations

in force under subsection (4) (a) of that section), or

(ii)

where regulations are in force under subsection (2) of

section 27BB , subsections (1) and (3) of that section (read

with any regulations in force under subsection (4) (a) or

(b) of that section).

(3)

A worker may present a complaint to an employment tribunal that—

(a)

the duty imposed by section 27BA (1) applies to the worker’s

employer in relation to the worker and a particular reference

period, but

(b)

the guaranteed hours offer that the employer has made to the

worker in relation to that reference period—

Page 11

(i)

takes the form of an offer to vary the worker’s terms

and conditions of employment where that is prohibited

by section 27BB (5) ,

(ii)

does not comply with section 27BB (6) , or

(iii)

does not comply with section 27BB (7) .

(4)

A complaint under subsection (2) or (3) —

(a)

may be presented whether or not the offer in question has been

accepted by the worker, but

(b)

may not be presented in relation to an offer that is treated as

having been withdrawn by virtue of section 27BD (2) or

regulations under section 27BD (5) .

(5)

In this section “the last day of the offer period”, in relation to a

reference period, means the day specified under section 27BB (9) (a) as

the last day on which a guaranteed hours offer may be made in

relation to that reference period.

27BG

Complaints to employment tribunals: time limits

(1)

An employment tribunal must not consider a complaint under section

27BF (1) unless it is presented before the end of the period of three

months beginning with the day after the last day of the offer period

(as defined in section 27BF (5) ).

(2)

An employment tribunal must not consider a complaint under section

27BF (2) unless it is presented before the end of the period of three

months beginning with the day after the day when the offer referred

to in that provision is made.

(3)

An employment tribunal must not consider a complaint under section

27BF (3) unless it is presented before the end of the period of three

months beginning with the day after the day when the guaranteed

hours offer referred to in that provision is made.

(4)

But, if the employment tribunal is satisfied that it was not reasonably

practicable for a complaint under this section to be presented before

the end of the relevant period of three months, the tribunal may

consider the complaint if it is presented within such further period as

the tribunal considers reasonable.

(5)

Section 207B (extension of time limits to facilitate conciliation before

institution of proceedings) applies for the purposes of subsections (1)

to (3) .

27BH

Remedies

(1)

Where an employment tribunal finds a complaint under section 27BF

well-founded, the tribunal—

(a)

must make a declaration to that effect, and

Page 12

(b)

may make an award of compensation to be paid by the

employer to the worker.

(2)

The amount of compensation under subsection (1) (b) is to be such

amount, not exceeding the permitted maximum, as the tribunal

considers just and equitable in all the circumstances to compensate

the worker for any financial loss sustained by the worker which is

attributable to the matter complained of.

(3)

In ascertaining the financial loss sustained, the tribunal must apply

the same rule concerning the duty of a person to mitigate their loss

as applies to damages recoverable under the common law of England

and Wales or (as the case may be) Scotland.

(4)

For the purposes of subsection (2) , “the permitted maximum” is such

number of weeks’ pay as the Secretary of State may specify in

regulations.

(5)

In calculating a week’s pay for the purposes of determining the

permitted maximum for an award of compensation to a worker who

is not an employee, Chapter 2 of Part 14 is to apply as if—

(a)

references in that Chapter and in section 234 (normal working

hours) to an employee were references to a worker;

(b)

references in that Chapter and in section 234 to a contract of

employment were references to a worker’s contract;

(c)

“week” meant—

(i)

in relation to a worker whose remuneration is calculated

weekly by a week ending with a day other than a

Saturday, a week ending with that other day, and

(ii)

in relation to any other worker, a day ending with

Saturday.”

Shifts: rights to reasonable notice

After section 27BH of the Employment Rights Act 1996 (inserted by section

1 ) insert—

Chapter 3

Shifts: rights to reasonable notice

27BI

Right to reasonable notice of a shift

(1)

An employer must give to a worker reasonable notice of a shift that

the employer requests or requires the worker to work if—

(a)

the worker is (or is to be) employed by the employer under a

zero hours contract, or

(b)

the worker is (or is to be) employed by the employer under a

worker’s contract of a specified description that requires the

employer to make some work available to the worker but does

Page 13

not provide on what days and at what times, or in accordance

with what pattern of days and times, that work is to be done

by the worker.

(2)

An employer must give to a worker reasonable notice of a shift that

the employer requests or requires the worker to work if—

(a)

the worker is (or is to be) employed by the employer under a

worker’s contract of a specified description that requires the

employer to make some work available to the worker,

(b)

the contract provides on what days and at what times, or in

accordance with what pattern of days and times, that work, or

some of that work, is to be done by the worker, and

(c)

the shift is to start or end on a day, or at a time, other than a

day or time that is provided for by the contract as mentioned

in paragraph (b) (including where part of the shift is to be

worked on a day or at a time provided for by the contract).

(3)

An employer must give to an individual reasonable notice of a shift

that the employer requests the individual to work if—

(a)

the individual would, if they worked the shift, be employed

by the employer under a worker’s contract, and

(b)

the worker’s contract would be entered into in accordance with

a zero hours arrangement that is in place between the employer

and the individual.

(4)

It is to be presumed, unless the contrary is shown, that notice of a

shift is not reasonable notice for the purposes of subsections (1) to (3)

if it is given less than a specified amount of time before the shift is

due to start.

(5)

Regulations under subsection (1) (b) or (2) (a) may, in particular, specify

a description of worker’s contract by reference to—

(a)

it being a worker’s contract that entitles a worker to be paid

no more than a specified amount;

(b)

it being a worker’s contract that requires an employer to make

work available to a worker for no more than a specified number

of hours.

(6)

For the purposes of this Chapter—

“employer” , in relation to an individual and a shift, includes a

person by whom the individual would be (or would have been)

employed if the individual worked the shift;

“worker” , in relation to a shift, includes an individual who would

be (or would have been) a worker if the individual worked

the shift.

(7)

In this section, “notice of a shift” means notice of how many hours

are to be worked and from what time on which day.

Page 14

27BJ

Right to reasonable notice of cancellation of or change to a shift

(1)

Subsection (2) applies in relation to an employer and a worker where—

(a)

the employer has given notice of a shift to the worker,

(b)

the shift is one that the worker was entitled to reasonable notice

of under section 27BI (1) , (2) or (3) , and

(c)

where the shift is one that the employer has requested (rather

than required) the worker to work, the worker has agreed to

work it.

(2)

The employer must give reasonable notice to the worker of—

(a)

the cancellation of the shift by the employer;

(b)

any change requested or required by the employer to one or

more of the day on which or the time at which the shift is to

start or end;

(but this is subject to section 27BL ).

(3)

It is to be presumed, unless the contrary is shown, that—

(a)

notice of the cancellation of a shift is not reasonable notice for

the purposes of subsection (2) if it is given less than a specified

amount of time before the shift would have started (if the shift

had not been cancelled);

(b)

notice of a change to when a shift is to start is not reasonable

notice for the purposes of subsection (2) if it is given less than

a specified amount of time before the earlier of—

(i)

when the shift would have started (if the shift had not

been changed), and

(ii)

when the shift is due to start (having been changed);

(c)

notice of a change to when a shift is to end is not reasonable

notice for the purposes of subsection (2) if it is given—

(i)

less than a specified amount of time before the shift is

due to start;

(ii)

on or after the start of the shift.

(4)

In this section, “notice of a shift” has the same meaning as in section

27BI .

27BK

Sections

(1)

None of the duties imposed by sections 27BI and 27BJ applies in

relation to a shift that would be (or would have been) worked, or is

being worked, by a worker as an agency worker (but see section 27BV

for power to make provision about agency workers).

(2)

Where a worker suggests working a shift, or a longer shift, and the

employer agrees to the suggestion—

(a)

the duties imposed by section 27BI (1) , (2) and (3) do not apply

in relation to the shift as suggested by the worker, but

Page 15

(b)

the duty imposed by section 27BJ (2) applies as if notice of the

shift had been given by the employer to the worker.

(3)

In sections 27BI and 27BJ , references to a request to work a shift made

by an employer to a worker include a request made by the employer

to the worker and one or more others in circumstances where the

employer does not need the shift to be worked by all of those to whom

the request is made.

(4)

Where—

(a)

an employer has made a request (“the initial request”) to work

a shift of the type referred to in subsection (3) ,

(b)

no worker to whom the initial request was made has agreed

to work the shift, and

(c)

the employer wishes to request a change to one or more of the

day on which or the time at which the shift is to start or end,

sections 27BI and 27BJ are to apply as if the initial request had not

been made (and accordingly the request of a change is to be treated

as a request to work a new shift).

(5)

The Secretary of State may by regulations make provision about—

(a)

the form and manner in which notice under sections 27BI and

27BJ must be given;

(b)

when notice under those sections is to be treated as having

been given.

27BL

Interaction with Chapter 4

(1)

Where an employer—

(a)

is required to make a payment to a worker under section 27BO

in relation to a shift that the employer cancels, moves or curtails

at short notice, or

(b)

would have been required to make such a payment in relation

to the shift but for provision made under section 27BQ (1) (b) ,

nothing in section 27BJ (2) is to be taken to have applied in relation to

the cancellation, movement or curtailment of the shift that gave rise

to, or would have given rise to, the requirement to make the payment.

(2)

Terms used in this section have the same meaning as in section 27BO .

27BM

Complaints to employment tribunals

(1)

A worker may present a complaint to an employment tribunal that

the worker’s employer has failed to comply with a duty imposed by

section 27BI or 27BJ .

(2)

Where, in determining whether a complaint under this section is

well-founded, the tribunal must determine whether reasonable notice

Page 16

has been given, the tribunal must have regard, in particular, to such

of the specified matters as are appropriate in the circumstances.

(3)

An employment tribunal must not consider a complaint under this

section unless it is presented before the end of the period of three

months beginning with—

(a)

where the complaint is that the employer failed to comply with

a duty imposed by section 27BI (1) , (2) or (3) in relation to a

shift, the day on which the shift was due to start;

(b)

where the complaint is that the employer failed to comply with

the duty imposed by section 27BJ (2) in relation to the

cancellation of a shift, the day on which the shift would have

started (if the shift had not been cancelled);

(c)

where the complaint is that the employer failed to comply with

the duty imposed by section 27BJ (2) in relation to a change to

a shift, the day on which the shift as changed was due to start

or, where the shift was changed on or after its start, the day

on which the shift started.

(4)

But, if the employment tribunal is satisfied that it was not reasonably

practicable for a complaint to be presented before the end of the

relevant period of three months, the tribunal may consider the

complaint if it is presented within such further period as the tribunal

considers reasonable.

(5)

Section 207B (extension of time limits to facilitate conciliation before

institution of proceedings) applies for the purposes of subsection (3) .

27BN

Remedies

(1)

Where an employment tribunal finds a complaint under section 27BM

well-founded, the tribunal—

(a)

must make a declaration to that effect, and

(b)

may make an award of compensation to be paid by the

employer to the worker.

(2)

The amount of compensation under subsection (1) (b) in relation to a

complaint is to be such amount, not exceeding the specified amount,

as the tribunal considers just and equitable in all the circumstances to

compensate the worker for any financial loss sustained by the worker

which is attributable to the matter complained of.

(3)

In ascertaining the financial loss sustained, the tribunal must apply

the same rule concerning the duty of a person to mitigate their loss

as applies to damages recoverable under the common law of England

and Wales or (as the case may be) Scotland.”

Page 17

Right to payment for cancelled, moved and curtailed shifts

After section 27BN of the Employment Rights Act 1996 (inserted by section

2 ) insert—

Chapter 4

Right to payment for cancelled, moved and curtailed shifts

27BO

Right to payment for a cancelled, moved or curtailed shift

(1)

An employer must make a payment of a specified amount to a worker

each time that the employer cancels, moves or curtails at short notice

a qualifying shift—

(a)

that the employer has informed the worker they are required

to work,

(b)

that the employer has requested the worker to work and the

worker has agreed to work, or

(c)

that the worker has suggested working and the employer has

agreed to the worker working,

(but see section 27BQ for exceptions to this duty).

(2)

A shift is a “qualifying shift”, in relation to a worker and an employer,

if it would be (or would have been) worked, or is being worked, by

the worker for the employer under—

(a)

a zero hours contract,

(b)

a worker’s contract entered into in accordance with a zero

hours arrangement, or

(c)

a worker’s contract of a specified description that requires the

employer to make some work available to the worker but does

not provide on what days and at what times, or in accordance

with what pattern of days and times, that work is to be done

by the worker.

(3)

A shift is also a “qualifying shift”, in relation to a worker and an

employer, if it is an irregular shift that would be (or would have been)

worked, or is being worked, by the worker for the employer under a

worker’s contract of a specified description that requires the employer

to make some work available to the worker and that provides on what

days and at what times, or in accordance with what pattern of days

and times, that work, or some of that work, is to be done by the

worker.

(4)

An “irregular shift”, for the purposes of subsection (3) , is a shift starting

or ending on a day, or at a time, other than a day or time that is

provided for by the contract as mentioned in that subsection (including

where part of the shift corresponds to what is provided for by the

contract).

Page 18

(5)

A payment that an employer is required to make under subsection

(1) must be made by no later than the specified day.

(6)

For the purposes of this Chapter, “short notice” means—

(a)

in relation to the cancellation of a shift, notice given less than

a specified amount of time before the shift would have started

(if the shift had not been cancelled);

(b)

in relation to the movement of a shift, notice given less than

a specified amount of time before the earlier of—

(i)

when the shift would have started (if the shift had not

been moved), and

(ii)

when the shift is due to start (having been moved);

(c)

in relation to the curtailment of a shift where the curtailment

involves a change to when the shift is to start (but there is no

movement of the shift), notice given less than a specified

amount of time before the earlier of—

(i)

when the shift would have started (if the shift had not

been so curtailed), and

(ii)

when the shift is due to start (having been so curtailed);

(d)

in relation to any other curtailment of the shift, notice given—

(i)

less than a specified amount of time before the shift is

due to start;

(ii)

on or after the start of the shift.

(7)

The Secretary of State may by regulations make provision about when

notice of the cancellation, movement or curtailment of a shift is to be

treated as having been given by an employer to a worker.

(8)

For the purposes of this Chapter—

“employer” , in relation to an individual and a shift, includes a

person by whom the individual would be (or would have been)

employed if the individual worked the shift;

“worker” , in relation to a shift, includes an individual who would

be (or would have been) a worker if the individual worked

the shift.

(9)

In this Chapter, references to the “movement” of a shift (however

expressed) are to any change to the day on which or the time at which

the shift is to start that is a change of more than a specified amount

of time.

(10)

In this section, “request”, in relation to an employer and a worker,

includes a request that is made by the employer to the worker and

one or more others in circumstances where the employer does not

need work to be done by all of those to whom the request is made.

Page 19

27BP

Regulations under section

(1)

Regulations under section 27BO (1) may not specify an amount to be

paid to a worker in relation to the cancellation, movement or

curtailment of a shift that exceeds—

(a)

where the shift is cancelled or curtailed, the amount of

remuneration to which the worker would have been entitled

had they worked the hours that will not be worked because

of the cancellation or curtailment;

(b)

where the shift is moved and no part of the shift as moved

corresponds to the time of the shift before it was moved (“the

original shift”), the amount of remuneration to which the

worker would have been entitled had they worked the original

shift;

(c)

where the shift is moved and part of the shift as moved

corresponds to the time of the original shift, the amount of

remuneration to which the worker would have been entitled

had they worked the part of the original shift that does not

correspond to the shift as moved.

(2)

Regulations under section 27BO (1) may, in particular, include provision

specifying different amounts depending on the amount of notice that

was given of the cancellation, movement or curtailment.

(3)

Regulations under section 27BO (2) (c) or (3) may, in particular, specify

a description of worker’s contract by reference to—

(a)

it being a worker’s contract that entitles a worker to be paid

no more than a specified amount;

(b)

it being a worker’s contract that requires an employer to make

work available to a worker for no more than a specified number

of hours.

(4)

Regulations under section 27BO (6) may not specify an amount of time

that exceeds 7 days.

27BQ

Exceptions to duty to make payment for a cancelled, moved or

curtailed shift

(1)

The requirement to make a payment under section 27BO (1) does not

apply—

(a)

in relation to a shift that would be (or would have been)

worked, or is being worked, by a worker as an agency worker

(but see section 27BV for power to make provision about agency

workers);

(b)

in other specified circumstances.

(2)

Where, by virtue of regulations made under subsection (1) (b) , an

employer is not required to make a payment to a worker in relation

Page 20

to a shift under section 27BO (1) , the employer must give a notice to

the worker that—

(a)

states which provision of the regulations the employer has

relied on in not making the payment, and

(b)

explains why the employer was entitled to rely on that

provision.

(3)

But subsection (2) (b) does not require an employer to disclose—

(a)

any personal data (within the meaning of Parts 5 to 7 of the

Data Protection Act 2018 (see section 3(2) and (14) of that Act));

(b)

any information that is commercially sensitive;

(c)

any information the disclosure of which by the employer would

constitute a breach of a duty of confidentiality owed by the

employer to any other person.

(4)

The Secretary of State may by regulations make provision about—

(a)

the form and manner in which a notice under this section must

be given;

(b)

the day on or before which it must be given;

(c)

when a notice under this section is to be treated as having been

given.

(5)

The duty in subsection (2) does not apply if, before the day on or

before which the notice must be given, the employer has paid to the

worker an amount in relation to a number of hours that is at least

equal to the amount of the payment that the employer would have

been required to make to the worker under section 27BO (1) in relation

to the same number of hours but for regulations made under subsection

(1) (b) .

(6)

Subsection (4) of section 27BR applies for the purposes of subsection

(5) of this section as it applies for the purposes of subsections (2) and

(3) of that section.

27BR

Contractual remuneration

(1)

The right of a worker to receive a payment from an employer under

section 27BO (1) does not affect any right of the worker in relation to

remuneration under a worker’s contract entered into between the

worker and the employer (“contractual remuneration”).

(2)

Any contractual remuneration paid to a worker by an employer in

relation to a number of hours goes towards discharging any liability

of the employer to make a payment to the worker under section

27BO (1) in relation to the same hours.

(3)

Any payment made by an employer to a worker under section 27BO (1)

in relation to a number of hours goes towards discharging any liability

of the employer to pay contractual remuneration to the worker in

relation to the same hours.

Page 21

(4)

For the purposes of subsections (2) and (3) , the hours to which a

payment under section 27BO (1) relates are—

(a)

where a shift has been cancelled or curtailed, the hours that

would have been worked if the shift had not been cancelled

or curtailed;

(b)

where a shift has been moved and no part of the shift as moved

corresponds to the time of the shift before it was moved (“the

original shift”), the hours that would have been worked during

the original shift;

(c)

where a shift has been moved and part of the shift as moved

corresponds to the time of the original shift, the hours that

would have been worked during the part of the original shift

that does not correspond to the shift as moved.

27BS

Complaints to employment tribunal

(1)

A worker may present a complaint to an employment tribunal that

the worker’s employer—

(a)

has failed to make the whole or any part of a payment that

the employer is liable to make to the worker under section

27BO (1) ;

(b)

has unreasonably failed to give to the worker a notice under

section 27BQ (2) ;

(c)

has given to the worker a notice in purported compliance with

section 27BQ (2) that is inadequate or untrue.

(2)

An employment tribunal must not consider a complaint under

subsection (1) (a) relating to a payment unless it is presented before

the end of the period of three months beginning with the day after

the day on or before which the payment should have been made (see

section 27BO (5) ).

(3)

An employment tribunal must not consider a complaint under

subsection (1) (b) relating to a notice unless it is presented before the

end of the period of three months beginning with the day after the

day on or before which the notice should have been given (see section

27BQ (4) (b) ).

(4)

An employment tribunal must not consider a complaint under

subsection (1) (c) relating to a notice unless it is presented before the

end of the period of three months beginning with the day after the

day on which the notice was given.

(5)

But, if the employment tribunal is satisfied that it was not reasonably

practicable for a complaint under this section to be presented before

the end of the relevant period of three months, the tribunal may

consider the complaint if it is presented within such further period as

the tribunal considers reasonable.

Page 22

(6)

Section 207B (extension of time limits to facilitate conciliation before

institution of proceedings) applies for the purposes of subsections (2)

to (4) .

(7)

Where a worker presents a complaint against an employer under

subsection (1) (c) alleging that a notice given in purported compliance

with section 27BQ (2) is untrue, it is for the employer to show why the

employer was entitled to rely on the provision of regulations under

section 27BQ (1) (b) that was included in the notice.

27BT

Remedies

(1)

Where an employment tribunal finds a complaint under section

27BS (1) (a) well-founded, the tribunal must order the employer to pay

to the worker the amount of the payment under section 27BO (1) which

it finds is due to the worker.

(2)

Where an employment tribunal finds a complaint under section

27BS (1) (b) or (c) well-founded, the tribunal may order the employer

to make a payment of a specified amount to the worker.

(3)

But an employment tribunal may not make an order under subsection

(2) if the tribunal makes an order under subsection (1) relating to the

same payment to which the notice related or would have related (if

the notice had been given).”

Amendments relating to sections

(1)

After section 27BT of the Employment Rights Act 1996 (inserted by section

3 ) insert—

Chapter 5

General

27BU

Interpretation

(1)

In this Part—

“agency worker” has the same meaning as in the Agency Workers

Regulations 2010 (S.I. 2010/93) (see regulation 3 of the

Regulations);

“arrangement” (when used by itself and not as part of the

expression “zero hours arrangement”) means an arrangement

(whether contractual or non-contractual) other than a worker’s

contract;

“specified” means specified in, or determined in accordance with,

regulations made by the Secretary of State;

“zero hours arrangement” means an arrangement under which—

(a)

an employer and an individual agree terms on which

the individual will do any work where the employer

Page 23

makes it available to the individual and the individual

agrees to do it, but

(b)

the employer is not required to make any work available

to the individual, nor the individual required to accept

it,

and in this Part “employer”, in relation to a zero hours

arrangement, is to be read accordingly;

“zero hours contract” means a contract of employment or other

worker’s contract under which—

(a)

the undertaking to do work is an undertaking to do so

conditionally on the employer making work available

to the worker, and

(b)

there is no certainty that any such work will be made

available to the worker.

(2)

For the purposes of this Part—

(a)

a person who is, or is treated as, an employer makes work

available to a worker or other individual if they request or

require the individual to do it;

(b)

references to work and doing work include references to

services and performing them.

27BV

Agency workers

(1)

The Secretary of State may by regulations make provision in relation

to agency workers that corresponds or is similar to the provision made

by or under Chapter 2 , 3 or 4 .

(2)

Regulations under this section may amend or repeal provision made

by this or any other Act.

27BW

Regulations

(1)

Regulations under this Part may—

(a)

make different provision for different purposes;

(b)

make provision subject to exceptions.

(2)

Regulations under this Part may provide that a reference in the

regulations to a provision of legislation is to be read as a reference to

that provision as amended from time to time.

(3)

A statutory instrument containing regulations under this Part to which

section 236(3) applies (regulations required to be laid in draft and

approved by a resolution of each House of Parliament) may include

regulations under this Part to which section 236(3) would not otherwise

apply (and, in consequence, the procedure in section 236(2) does not

apply to the instrument).”

(2)

Schedule 1 contains consequential amendments relating to sections 1 to 3 .

Page 24

Repeal of Workers (Predictable Terms and Conditions) Act 2023

The Workers (Predictable Terms and Conditions) Act 2023 is repealed.

Exclusivity terms in zero hours arrangements

(1)

Section 27B of the Employment Rights Act 1996 (power to make further

provision in relation to zero hours workers) is amended as follows.

(2)

In subsection (1), for “their contracts or arrangements” substitute “their

worker’s contracts or their arrangements”.

(3)

In subsection (2)(b), omit “non-contractual”.

(4)

In subsection (4)—

(a)

in the words before paragraph (a)—

(i)

omit “non-contractual”;

(ii)

after “arrangement”, in the second place it occurs, insert

“(whether contractual or non-contractual)”;

(b)

in the words after paragraph (b), omit “non-contractual”.

(5)

In subsection (5)(a)(ii), omit “non-contractual”.

(6)

In subsection (6)—

(a)

after “provision for” insert “—

(a)

;

(b)

after “does not apply” insert—

“(b)

exclusivity terms in prescribed categories of zero hours

arrangements that are contractual arrangements to be

unenforceable”;

(c)

at the end of the subsection insert “or (as the case may be) an

individual is restricted from doing any work otherwise than under a

worker’s contract entered into in accordance with the zero hours

arrangement.”

Flexible working

Right to request flexible working

(1)

Part 8A of the Employment Rights Act 1996 (flexible working) is amended

as follows.

(2)

Section 80G (employer’s duties in relation to application for change to working

hours, etc) is amended in accordance with subsections (3) to (5) .

(3)

In subsection (1), for paragraph (b) substitute—

“(b)

may refuse the application only if—

Page 25

(i)

the employer considers that the application should be

refused on a ground or grounds listed in subsection

(1ZA), and

(ii)

it is reasonable for the employer to refuse the

application on that ground or those grounds.

“(1ZA)

The grounds mentioned in subsection (1)(b) are—

(a)

the burden of additional costs;

(b)

detrimental effect on ability to meet customer demand;

(c)

inability to re-organise work among existing staff;

(d)

inability to recruit additional staff;

(e)

detrimental impact on quality;

(f)

detrimental impact on performance;

(g)

insufficiency of work during the periods the employee proposes

to work;

(h)

planned structural changes;

(i)

any other grounds specified by the Secretary of State in

regulations.”

(4)

After subsection (1ZA) insert—

“(1ZB)

If an employer refuses an application under section 80F, the notification

under subsection (1)(aa) must—

(a)

state the ground or grounds for refusing the application, and

(b)

explain why the employer considers that it is reasonable to

refuse the application on that ground or those grounds.”

(5)

After subsection (1D) insert—

“(1E)

The steps which an employer must take in order to comply with

subsection (1)(aza) include, among others, any steps specified in

regulations made by the Secretary of State.”

(6)

In section 80H (complaints to employment tribunals), in subsection (1)(a), for

“comply with” substitute “act in accordance with”.

Statutory sick pay

Statutory sick pay: removal of waiting period

(1)

Part 11 of the Social Security Contributions and Benefits Act 1992 (statutory

sick pay) is amended as follows.

(2)

In section 151(1) (employer’s liability), for “sections 152 to 154” substitute

“sections 153 and 154”.

(3)

In section 152 (period of incapacity for work)—

(a)

omit subsection (1);

Page 26

(b)

in subsection (2), for the words from “any” to “is” substitute “a period

of one day which is, or of two or more consecutive days each of which

is,”.

(4)

In section 153(1) (period of entitlement), for “second” substitute “first”.

(5)

In section 154(1) (qualifying days), for “third” substitute “second”.

(6)

In section 155 (limitations on entitlement), omit subsection (1).

(7)

In section 156(2) (notification of incapacity for work), omit paragraph (b) (and

the “or” at the end of paragraph (a)).

Statutory sick pay: lower earnings limit etc

(1)

Part 11 of the Social Security Contributions and Benefits Act 1992 (statutory

sick pay) is amended as follows.

(2)

In section 157 (rates of payment)—

(a)

for subsection (1) substitute—

“(1)

The weekly rate of statutory sick pay that an employer must

pay to an employee is the lower of—

(a)

£116.75, and

(b)

the prescribed percentage of the employee’s normal

weekly earnings.”;

(b)

in subsection (2)—

(i)

omit the “and” at the end of paragraph (a);

(ii)

after paragraph (a) insert—

“(aa)

prescribe a percentage, or percentages, for the

purposes of subsection (1)(b);”.

(3)

In Schedule 11 (circumstances in which periods of entitlement to statutory

sick pay do not arise), in paragraph 2, omit sub-paragraph (c) (lower earnings

limit).

Tips and gratuities, etc

Policy about allocating tips etc: consultation and review

(1)

Section 27I of the Employment Rights Act 1996 (written policy about allocation

of tips etc) is amended as follows.

(2)

After subsection (2) insert—

“(2A)

Before producing the first version of the written policy for a place of

business, an employer must consult—

(a)

representatives of an independent trade union recognised by

the employer in respect of workers who are likely to be affected

by the policy, or representatives appointed or elected by those

Page 27

workers and having authority to receive information and to

be consulted about the policy on behalf of those workers, or

(b)

if there are no such trade union or worker representatives,

workers who are likely to be affected by the policy.”

(3)

After subsection (3) insert—

“(3A)

Where an employer makes a written policy available to workers at a

place of business under this section, the employer must review the

policy from time to time.

(3B)

A review must be carried out—

(a)

at least once during the period of three years beginning with

the first day on which the first version of the policy is made

available (including where that day precedes the coming into

force of this subsection), and

(b)

after that, no more than three years after the completion of the

previous review.

(3C)

An employer must consult persons as described in subsection (2A) as

part of every review of the written policy.”

(4)

After subsection (6) insert—

“(7)

An employer who has carried out a consultation required by this

section in relation to a written policy for a place of business must

make a summary of the views expressed in the consultation available

in anonymised form to all workers of the employer at the place of

business.

(8)

In this section “recognised”, in relation to a trade union, has the same

meaning as in the Trade Union and Labour Relations (Consolidation)

Act 1992 (see section 178 of that Act).”

Entitlements to leave

Parental leave: removal of qualifying period of employment

In section 76 of the Employment Rights Act 1996 (entitlement to parental

leave), in subsection (1), omit paragraph (a) (and the “and” after it).

Paternity leave: removal of qualifying period of employment

(1)

In section 80A of the Employment Rights Act 1996 (entitlement to paternity

leave: birth)—

(a)

in subsection (1), omit paragraph (a);

(b)

in subsection (6A), omit paragraph (a).

(2)

In section 80B of that Act (entitlement to paternity leave: adoption)—

(a)

in subsection (1), omit paragraph (a);

(b)

in subsection (6C), omit paragraph (a).

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Ability to take paternity leave following shared parental leave

(1)

In section 80A of the Employment Rights Act 1996 (entitlement to paternity

leave: birth)—

(a)

omit subsection (4A);

(b)

in subsection (6A), omit paragraph (c).

(2)

In section 80B of that Act (entitlement to paternity leave: adoption)—

(a)

omit subsection (4A);

(b)

in subsection (6C), omit paragraph (c).

(3)

In section 171ZE of the Social Security Contributions and Benefits Act 1992

(rate and period of statutory paternity pay), in subsection (3A), omit paragraph

(b) (and the “or” before it).

(4)

In consequence of the amendments made by subsections (1)(a) and (2)(a), in

section 118 of the Children and Families Act 2014, omit subsections (6) and

(7).

Bereavement leave

(1)

The Employment Rights Act 1996 is amended in accordance with subsections

(2) to (11) .

(2)

In Chapter 4 of Part 8, in the heading, for “Parental bereavement leave”

substitute “Bereavement leave”.

(3)

In section 80EA (parental bereavement leave)—

(a)

in subsection (1), for “bereaved parent” substitute “bereaved person”;

(b)

for subsection (2) substitute—

“(2)

For the purposes of subsection (1) an employee is a “bereaved

person” if the employee satisfies conditions specified in the

regulations as to relationship with a person who has died.”;

(c)

in subsection (3), for “The conditions” substitute “In a case where the

person who has died is a child, the conditions”;

(d)

in subsection (4)(a), for “child” substitute “person”;

(e)

after subsection (5) insert—

“(5A)

Provision under subsection (4)(a) must secure that, where an

employee is entitled to leave under this section in respect of a

person other than a child, the employee is entitled to at least

one week’s leave.”;

(f)

in subsection (6), for “child’s” substitute “person’s”;

(g)

for subsection (7) substitute—

“(7)

The regulations must secure that, where an employee is eligible

under subsection (1) as the result of the death of more than

one person, the employee is entitled to leave in respect of each

person.”;

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(h)

in the heading, for “Parental bereavement” substitute “Bereavement”.

(4)

In section 47C (rights not to suffer detriment: leave for family and domestic

reasons), in subsection (2)(cb), omit “parental”.

(5)

In section 75I (rights during and after shared parental leave), in subsection

(3)(f), omit “parental”.

(6)

In section 80C (rights during and after paternity leave), in subsections (2)(bb)

and (4)(bb), omit “parental”.

(7)

In section 80EG (rights during and after neonatal care leave), in subsection

(2)(f), omit “parental”.

(8)

In section 88 (termination of employment: employments with normal working

hours)—

(a)

in subsection (1)(c), for “parental bereavement leave,” substitute

“bereavement leave,”;

(b)

in subsection (2), for “parental bereavement pay”, in the first place it

occurs, substitute “bereavement pay”.

(9)

In section 89 (termination of employment: employments without normal

working hours)—

(a)

in subsection (3)(b), for “parental bereavement leave,” substitute

“bereavement leave,”;

(b)

in subsection (4), for “parental bereavement pay”, in the first place it

occurs, substitute “bereavement pay”.

(10)

In section 99 (unfair dismissal: leave for family reasons), in subsection (3)(cb),

omit “parental”.

(11)

In section 235(1) (other definitions)—

(a)

before the definition of “business” insert—

““bereavement leave” means leave under section 80EA;”;

(b)

omit the definition of “parental bereavement leave”.

(12)

In Schedule 5 to the Income Tax (Earnings and Pensions) Act 2003 (enterprise

management initiatives), in paragraph 26(3)(b), for “parental bereavement

leave” substitute “bereavement leave”.

(13)

In the Income Tax Act 2007—

(a)

in section 186A (enterprise investment schemes: the number of

employees requirement), in subsection (4)(b)(i), for “parental

bereavement” substitute “bereavement”;

(b)

in section 257DJ (seed enterprise investment schemes: the number of

employees requirement), in subsection (4)(b)(i), for “parental

bereavement” substitute “bereavement”;

(c)

in section 257MH (tax relief for social investments: the number of

employees requirement), in subsection (4)(b)(i), for “parental

bereavement” substitute “bereavement”;

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(d)

in section 297A (venture capital trusts: the number of employees

requirement), in subsection (4)(b)(i), for “parental bereavement”

substitute “bereavement”.

(14)

In the Schedule to the Parental Bereavement (Leave and Pay) Act 2018, omit

paragraphs 25(2), 26(2) and 28(a).

Protection from harassment

Employers to take all reasonable steps to prevent sexual harassment

In section 40A of the Equality Act 2010 (employer duty to prevent sexual

harassment of employees), in subsection (1), before “reasonable steps” insert

“all”.

Harassment by third parties

In section 40 of the Equality Act 2010 (employees and applicants: harassment),

after subsection (1) insert—

“(1A)

An employer (A) must not permit a third party to harass a person (B)

who is an employee of A.

(1B)

For the purposes of subsection (1A), A permits a third party to harass

B only if—

(a)

the third party harasses B in the course of B’s employment by

A, and

(b)

A failed to take all reasonable steps to prevent the third party

from doing so.

(1C)

In this section “third party” means a person other than—

(a)

A, or

(b)

an employee of A.”

Sexual harassment: power to make provision about “reasonable steps”

(1)

The Equality Act 2010 is amended as follows.

(2)

In Part 5 (work), in Chapter 1 (employment, etc), after section 40A insert—

“40B

Prevention of sexual harassment: power to specify “reasonable steps”

(1)

Regulations may specify steps that are to be regarded as “reasonable”

for the purpose of determining whether, for the purposes of this Act,

an employer (A) has taken, or failed to take, all reasonable steps to

prevent sexual harassment of an employee of A (see, in particular,

sections 40 and 40A and section 109).

(2)

The steps that may be specified in regulations under this section

include, among others—

(a)

carrying out assessments of a specified description;

Page 31

(b)

publishing plans or policies of a specified description;

(c)

steps relating to the reporting of sexual harassment;

(d)

steps relating to the handling of complaints.

(3)

Regulations under this section that specify any steps may require an

employer to have regard to specified matters when taking those steps.

(4)

In this section—

“sexual harassment” means harassment of the kind described in

section 26(2) (unwanted conduct of a sexual nature);

“specified” means specified in the regulations.”

(3)

In Part 16 (general and miscellaneous), in section 208(5) (regulations subject

to affirmative procedure), after paragraph (a) insert—

“(aa)

regulations under section 40B (prevention of sexual harassment:

power to specify “reasonable steps”);”.

Protection of disclosures relating to sexual harassment

(1)

Part 4A of the Employment Rights Act 1996 (protected disclosures) is amended

as follows.

(2)

In section 43B (disclosures qualifying for protection), in subsection (1), after

paragraph (d) insert—

“(da)

that sexual harassment has occurred, is occurring or is likely

to occur,”.

(3)

In section 43L(1) (other interpretative provisions), after the definition of “the

relevant failure” insert—

““sexual harassment” means harassment of the kind described in section

26(2) of the Equality Act 2010 (unwanted conduct of a sexual nature).”

Dismissal

Right not to be unfairly dismissed: removal of qualifying period, etc

Schedule 2 contains provision—

(a)

repealing section 108 of the Employment Rights Act 1996 (unfair

dismissal: qualifying period of employment), and

(b)

making further amendments of that Act in connection with that repeal.

Dismissal during pregnancy

(1)

Section 49D of the Employment Rights Act 1996 (redundancy during a

protected period of pregnancy) is amended in accordance with subsections

(2) to (4) .

(2)

In the heading, after “Redundancy” insert “or dismissal”.

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(3)

After subsection (1) insert—

“(1A)

The Secretary of State may, by regulations, make provision about

dismissal (other than by reason of redundancy) during, or after, a

protected period of pregnancy.”

(4)

In subsection (3), after “subsection (1)” insert “or (1A) ”.

(5)

Accordingly, in the heading of Part 5B of that Act, after “Redundancy” insert

“or dismissal”.

Dismissal following period of statutory family leave

(1)

Part 8 of the Employment Rights Act 1996 (leave for family reasons) is

amended as follows.

(2)

In section 74 (maternity leave: redundancy and dismissal), in subsection (2),

after “during” insert “, or after,”.

(3)

In section 75C (adoption leave: redundancy and dismissal), in subsection

(1)(b), after “during” insert “, or after,”.

(4)

In section 75J (shared parental leave: redundancy and dismissal), in subsection

(1)(b), after “during” insert “, or after,”.

(5)

In section 80D (paternity leave: special cases)—

(a)

in subsection (1A)(b), after “bereaved employee” insert “, or dismissal

of a bereaved employee (other than by reason of redundancy),”;

(b)

in subsection (3)(b), for the words from “where” to the end substitute

“where the relevant person dies.

“In paragraph (b) “the relevant person” means the person by reference

to whom the employee satisfied the conditions specified by virtue of

subsection (1)(c) of that section so as to entitle the employee to that

leave.”

(6)

In section 80EH (neonatal care leave: special cases), in subsection (1)(b), after

“during” insert “or after”.

Dismissal for failing to agree to variation of contract, etc

(1)

The Employment Rights Act 1996 is amended as follows.

(2)

Part 10 (unfair dismissal) is amended as set out in subsections (3) and (4).

(3)

Before section 105 insert—

“104I

Variation of contract of employment

(1)

An employee who is dismissed is to be regarded for the purposes of

this Part as unfairly dismissed if—

(a)

the employee was employed for the purposes of a business

carried on by the employer, and

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(b)

the reason (or, if more than one, the principal reason) for the

dismissal is a reason within subsection (2) or (3).

(2)

The reason within this subsection is that—

(a)

the employer sought to vary the employee’s contract of

employment, and

(b)

the employee did not agree to the variation.

(3)

The reason within this subsection is to enable the employer to employ

another person, or to re-engage the employee, under a varied contract

of employment to carry out substantially the same duties as the

employee carried out before being dismissed.

(4)

Subsection (1) does not apply in relation to an employee if the

employer shows that—

(a)

the reason for the variation was to eliminate, prevent or

significantly reduce, or significantly mitigate the effect of, any

financial difficulties which at the time of the dismissal were

affecting, or were likely in the immediate future to affect, the

employer’s ability to carry on the business as a going concern

or otherwise to carry on the activities constituting the business,

and

(b)

in all the circumstances the employer could not reasonably

have avoided the need to make the variation.

(5)

Where the employer shows that the conditions in paragraphs (a) and

(b) of subsection (4) are met, the matters that must be considered in

determining the question whether the dismissal is fair or unfair include

the following—

(a)

any consultation carried out by the employer with the employee

about varying the employee’s contract of employment;

(b)

if the employee is of a description in respect of which an

independent trade union is recognised by the employer, any

consultation carried out by the employer with that trade union;

(c)

if the employee is not of a description in respect of which an

independent trade union is recognised by the employer, any

consultation carried out by the employer with any other person

representing the interests of the employee that, at the time of

the dismissal, had authority to receive information and to be

consulted about the dismissal on the employee’s behalf;

(d)

anything offered to the employee by the employer in return

for agreeing to the variation;

(e)

any matters specified for the purposes of this subsection in

regulations made by the Secretary of State.

(6)

In this section—

(a)

“recognised”, in relation to a trade union, has the same meaning

as in the Trade Union and Labour Relations (Consolidation)

Act 1992 (see section 178 of that Act);

Page 34

(b)

a reference to a “varied” contract of employment is to a contract

of employment the terms of which are not the same as the

terms of the contract of employment under which the employee

worked before being dismissed, and, in a case where subsection

(3) applies, any reference in this section to “the variation” is to

be read accordingly.”

(4)

In section 108 (qualifying period of employment), in subsection (3), after

paragraph (gm) insert—

“(gn)

subsection (1) of section 104I (read with subsection (4) of that

section) applies,”.

(5)

In section 236 (orders and regulations), in subsection (3) (regulations subject

to affirmative procedure), after “99,” insert “ 104I (5) (e) ,”.

Part 2

Other matters relating to employment

Procedure for handling redundancies

Collective redundancy: extended application of requirements

(1)

Chapter 2 of Part 4 of the Trade Union and Labour Relations (Consolidation)

Act 1992 (procedure for handling redundancies) is amended as follows.

(2)

In section 188 (duty of employer to consult representatives)—

(a)

in subsection (1), omit “at one establishment”;

(b)

in subsection (4)(c), omit “at the establishment in question”.

(3)

In section 193 (duty of employer to notify Secretary of State of certain

redundancies)—

(a)

in subsection (1), omit “at one establishment”;

(b)

in subsection (2), omit “at one establishment”;

(c)

in subsection (4)(a), omit the words from “in relation to the

establishment” to the end.

(4)

In section 198A (employees being transferred to the employer from another

undertaking)—

(a)

in subsection (1)(b), omit “at one establishment”;

(b)

in subsection (4)(a), omit the words from “and as if” to “subsection

(1)(b)”.

Collective redundancy notifications: ships’ crew

(1)

In the Trade Union and Labour Relations (Consolidation) Act 1992, section

193A is amended in accordance with subsections (2) to (5) .

Page 35

(2)

For the heading substitute “Application of section 193 in certain cases involving

redundancies of ships’ crew”.

(3)

In subsection (1)—

(a)

in the words before paragraph (a), for “has effect subject to this section”

substitute “applies with the modifications set out in subsections (2)

and (3)”;

(b)

in paragraph (b)—

(i)

at the beginning insert “some or all of”;

(ii)

for “vessel” substitute “ship”.

(4)

In subsection (2)—

(a)

after “or (2)” insert “, so far as relating to the members of crew of a

ship within subsection (1)(b),”;

(b)

for “vessel” substitute “ship”;

(c)

for “instead of” substitute “as well as”.

(5)

After subsection (2) insert—

“(3)

Where this subsection applies, section 193 is to be read as if references

in subsections (4) and (6) to a notice were to the notice that is required

to be given to the Secretary of State.

(4)

In this section “ship” includes—

(a)

any kind of vessel used in navigation, and

(b)

hovercraft.”

(6)

In section 285 of the Trade Union and Labour Relations (Consolidation) Act

1992 (employment outside Great Britain)—

(a)

in subsection (1B), after “United Kingdom” insert “or a GB-linked

ship”;

(b)

after subsection (2) insert—

“(3)

In this section, “GB-linked ship” means a ship providing a

service—

(a)

for the carriage of persons or goods, with or without

vehicles, and

(b)

that is within subsection (4) or (5) .

(4)

A service is within this subsection if it is operated between a

place in Great Britain and another place in the United Kingdom.

(5)

A service is within this subsection if—

(a)

ships providing the service entered a harbour in Great

Britain on at least 120 occasions in the period of 12

months ending with the day when the redundancy

proposal in question is settled by the employer, or

(b)

if the service has been provided for less than 12 months

before that day, ships providing the service entered a

Page 36

harbour in Great Britain on at least 10 occasions in each

month for which the service has been provided.

(6)

But a service is not within subsection (5) if the service—

(a)

is for the purpose of leisure or recreation, or

(b)

is provided by a fishing vessel.

(7)

In this section—

“harbour” has the same meaning as in the Harbours Act

1964;

“ship” has the same meaning as in section 193A (see

subsection (4) of that section).”

Public sector outsourcing: protection of workers

Public sector outsourcing: protection of workers

(1)

The Procurement Act 2023 is amended as follows.

(2)

In Part 2 (principles and objectives), after section 14 insert—

“14A

Protection of transferring workers in outsourcing contracts

(1)

In this section, “relevant outsourcing contract” means a public contract

in relation to which conditions A and B are met.

(2)

Condition A is met where the contract—

(a)

is a contract for the supply of services that include the

performance of functions that are or have previously been

performed by the contracting authority, or

(b)

is a framework for the future award of such a contract.

(3)

Condition B is met where the functions are, or are expected to be,

performed by individuals (“transferring workers”) who—

(a)

in performing the functions, are employed by the supplier or

a sub-contractor under a worker’s contract, and

(b)

were employed by the contracting authority under a worker’s

contract in performing functions of the same kind.

(4)

A Minister of the Crown may by regulations specify provision to be

included in a relevant outsourcing contract for the purpose of ensuring

that—

(a)

transferring workers of a specified description are treated no

less favourably as workers of the supplier than they were as

workers of the contracting authority, and

(b)

workers of the supplier who are not transferring workers and

are of a specified description are treated no less favourably

than those transferring workers.

(5)

A Minister of the Crown—

Page 37

(a)

must, for that purpose, produce and publish a code of practice

containing guidance to contracting authorities in relation to

relevant outsourcing contracts;

(b)

may amend or replace such a code, and must publish any

amended or replacement code;

(c)

must lay a code published under this subsection before

Parliament.

(6)

In carrying out the procurement of a relevant outsourcing contract,

the contracting authority must—

(a)

take all reasonable steps to ensure that provision specified

under subsection (4) is included in the contract;

(b)

where provision specified under subsection (4) is included in

the contract, take all reasonable steps to secure that such

provision is complied with;

(c)

have regard to the code of practice for the time being published

under subsection (5) .

(7)

Subsection (6) (a) and (b) do not apply—

(a)

where the contracting authority or the relevant outsourcing

contract is of a specified description, or

(b)

in specified circumstances.

(8)

Subsection (6) does not apply—

(a)

to private utilities;

(b)

in relation to procurement under a devolved Welsh

procurement arrangement or transferred Northern Ireland

procurement arrangement;

(c)

to a devolved Welsh authority or transferred Northern Ireland

authority, except in relation to procurement under a reserved

procurement arrangement.

(9)

In this section—

“specified” means specified in regulations made by a Minister of

the Crown;

“worker” and “worker’s contract” have the same meaning as in

the Employment Rights Act 1996 (see section 230 of that Act).”

(3)

In section 100 (duties enforceable in civil proceedings), for subsection (5)

substitute—

“(5)

An excluded duty is not enforceable in civil proceedings under this

Part.

(5A)

An “excluded duty” is a contracting authority’s duty to comply with—

(a)

section 12(4) (requirement to have regard to barriers facing

SMEs);

(b)

section 13(9) or 14(8) (requirement to have regard to

procurement policy statements);

Page 38

(c)

section 14A (6) (requirements in relation to relevant outsourcing

contracts).”

(4)

In section 122(4) (regulations subject to affirmative procedure), after paragraph

“(ca)

section 14A (protection of transferring workers in outsourcing

contracts);”.

(5)

In Schedule 9A (procurement by devolved Scottish authorities), at the

appropriate place insert—

“Section 14A (protection of

transferring workers in outsourcing

contracts)”.

Duties of employers relating to equality

Equality action plans

(1)

The Equality Act 2010 is amended as follows.

(2)

In Part 5 (work), in Chapter 3 (equality of terms), after section 78 insert—

“Equality action plans

78A

Equality action plans

(1)

Regulations may require employers to—

(a)

develop and publish a plan (an “equality action plan”) showing

the steps that the employers are taking in relation to their

employees with regard to prescribed matters related to gender

equality, and

(b)

publish prescribed information relating to the plan.

(2)

This section does not apply to—

(a)

an employer with fewer than 250 employees;

(b)

a public authority, other than—

(i)

a public authority specified in Part 1 of Schedule 19, or

(ii)

a public authority specified in Part 4 of Schedule 19

with the letter “D” included after the entry.

(3)

For the purposes of subsection (1) , a matter is related to gender

equality if it is related to advancing equality of opportunity between

male and female employees.

(4)

Accordingly, matters related to gender equality include—

(a)

addressing the gender pay gap, and

(b)

supporting employees going through the menopause.

Page 39

(5)

The regulations may, among other things, make provision about—

(a)

the content of a plan;

(b)

the form and manner in which a plan or information is to be

published;

(c)

when and how frequently a plan or information is to be

published or revised;

(d)

requirements for senior approval before a plan or information

is published;

(e)

descriptions of employers;

(f)

descriptions of employee;

(g)

descriptions of information.

(6)

The regulations may not require an employer, after the first publication

of information, to publish information more frequently than at intervals

of 12 months.

(7)

The regulations may make provision for a failure to comply with the

regulations to be enforced, otherwise than as an offence, by such means

as are prescribed.

(8)

The reference to a failure to comply with the regulations includes a

reference to a failure by a person acting on behalf of an employer.

(9)

A Minister of the Crown must consult—

(a)

the Commission, before making regulations under this section

that apply to a public authority, and

(b)

the Welsh Ministers, before making regulations under this

section that apply to a public authority specified in Part 4 of

Schedule 19 with the letter “D” included after the entry.”

(3)

In Part 16 (general and miscellaneous), in section 208(5) (regulations subject

to affirmative procedure), after paragraph (b) insert—

“(ba)

regulations under section 78A (equality action plans);”.

Provision of information relating to outsourced workers

(1)

The Equality Act 2010 is amended as follows.

(2)

In section 78 (gender pay gap information), after subsection (3) insert—

“(3A)

Regulations under subsection (3)(d) may, among other things, make

provision, in a case where an employer is a principal in relation to an

individual who is a contract worker, requiring publication of the

identity of the person who has contracted with the principal for the

supply of the individual.

(3B)

In subsection (3A) , “principal” and “contract worker” have the meaning

that they have in section 41 (see section 41(5) and (7)).”

Page 40

(3)

In section 153 (power to impose specific duties on public authorities), after

subsection (1) insert—

“(1A)

Regulations under subsection (1) may, among other things, make

provision, in a case where an employer is a principal in relation to an

individual who is a contract worker, requiring publication of the

identity of the person who has contracted with the principal for the

supply of the individual.

(1B)

In subsection (1A) , “principal” and “contract worker” have the meaning

that they have in section 41 (see section 41(5) and (7)).”

(4)

In section 154 (power to impose specific duties: cross-border public authorities),

after subsection (3) insert—

“(3A)

Regulations under this section made by a Minister of the Crown may,

among other things, make provision, in a case where an employer is

a principal in relation to an individual who is a contract worker,

requiring publication of the identity of the person who has contracted

with the principal for the supply of the individual.

(3B)

In subsection (3A) , “principal” and “contract worker” have the meaning

that they have in section 41 (see section 41(5) and (7)).”

Part 3

Pay and conditions in particular sectors

Chapter 1

School support staff

Pay and conditions of school support staff in England

Schedule 3 contains provision establishing the School Support Staff Negotiating

Body.

Chapter 2

Adult social care

The Adult Social Care Negotiating Body

Power to establish the Adult Social Care Negotiating Body

(1)

For the purposes of this Chapter, the Secretary of State may by regulations

provide for there to be a body known as the Adult Social Care Negotiating

Body (“the Negotiating Body”).

(2)

The provision that may be made by regulations under this section includes,

among other things—

Page 41

(a)

provision about membership of the Negotiating Body, including

(among other things)—

(i)

provision about the appointment of members;

(ii)

provision about the number of members, or the number of

members of a specified description, which the Negotiating

Body is to have (see also subsection (3));

(iii)

provision about the termination of appointments;

(b)

provision for the appointment of a person to chair the Negotiating

Body, including (among other things) provision for that person to be,

or not to be, a person of a specified description;

(c)

provision about how the Negotiating Body makes its decisions;

(d)

provision for the Negotiating Body to keep records of a specified

description;

(e)

provision for the payment of fees or expenses by the Secretary of State

to members of the Negotiating Body;

(f)

provision for staff or facilities to be provided to the Negotiating Body

by the Secretary of State;

(g)

provision about reports, including (among other things) provision

requiring the Negotiating Body to publish reports at specified times

or about specified matters.

(3)

Regulations under this section—

(a)

must provide that the persons appointed as members of the

Negotiating Body include—

(i)

officials of one or more trade unions that represent the interests

of social care workers;

(ii)

persons representing the interests of employers of social care

workers;

(b)

may provide for other descriptions of person to be appointed as

members of the Negotiating Body.

(4)

Regulations under this section may provide that the validity of anything done

by the Negotiating Body is not affected by a vacancy or a defective

appointment.

(5)

Regulations under this section may amend any enactment in consequence of

the establishment of the Negotiating Body.

(6)

In this section “specified” means specified in the regulations.

Matters within the Negotiating Body’s remit

(1)

For the purposes of this Chapter, the matters within the Negotiating Body’s

remit are matters that relate to any of the following—

(a)

the remuneration of social care workers, or of social care workers of

a specified description;

(b)

terms and conditions of employment of social care workers, or of

social care workers of a specified description;

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(c)

any other specified matters relating to employment as a social care

worker, or as a social care worker of a specified description.

(2)

In subsection (1) “specified” means specified in regulations made by the

Secretary of State.

Meaning of “social care worker”

(1)

In this Chapter “social care worker” means a person who is employed wholly

or mainly in, or in connection with, the provision of adult social care in

England.

(2)

For the purposes of subsection (1), “adult social care”—

(a)

includes any form of personal care or other practical assistance

provided for individuals aged 18 or over who, by reason of age, illness,

disability, pregnancy, childbirth, dependence on alcohol or drugs, or

any other similar circumstances, are in need of such care or other

assistance, but

(b)

does not include anything provided by an establishment or agency

for which His Majesty’s Chief Inspector of Education, Children’s

Services and Skills is the registration authority under section 5 of the

Care Standards Act 2000.

Consideration of matters by the Negotiating Body

Consideration of matters by the Negotiating Body

(1)

The Secretary of State may by regulations make provision about the

consideration by the Negotiating Body of matters within its remit.

(2)

The provision that may be made by regulations under this section includes,

among other things—

(a)

provision about the circumstances in which the Negotiating Body may,

or must, consider a matter within its remit, including (among other

things) provision requiring it to consider any matter referred to it by

the Secretary of State;

(b)

provision specifying, or enabling the Secretary of State to specify,

factors to which the Negotiating Body may, or must, have regard

when considering a matter;

(c)

provision specifying, or enabling the Secretary of State to specify,

conditions that must be met in relation to any agreement reached by

the Negotiating Body about a matter, including (among others)

conditions relating to funding;

(d)

provision requiring members of the Negotiating Body to provide the

Negotiating Body with information, or information of a specified

description, for the purposes of enabling it to consider, or reach an

agreement about, a matter;

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(e)

provision requiring the Negotiating Body, if it reaches an agreement

about a matter, to submit the agreement to the Secretary of State;

(f)

provision requiring the Negotiating Body to take any specified steps

before a date notified to it by the Secretary of State.

(3)

In this section “specified” means specified in the regulations.

Reconsideration by the Negotiating Body

(1)

The Secretary of State may by regulations provide that, in a case where the

Negotiating Body submits an agreement to the Secretary of State, the Secretary

of State may refer the agreement back to the Negotiating Body for

reconsideration, or may do so in specified circumstances.

(2)

The Secretary of State may by regulations make provision about what happens

where an agreement is referred back to the Negotiating Body as mentioned

in subsection (1) .

(3)

The provision that may be made by regulations under subsection (2) includes,

among other things—

(a)

provision requiring the Negotiating Body to reconsider the agreement;

(b)

provision specifying, or enabling the Secretary of State to specify,

factors to which the Negotiating Body may, or must, have regard

when reconsidering the agreement;

(c)

provision specifying, or enabling the Secretary of State to specify,

conditions that must be met in relation to any revised agreement

reached by the Negotiating Body about a matter, including (among

others) conditions relating to funding;

(d)

provision requiring members of the Negotiating Body to provide the

Negotiating Body with information, or information of a specified

description, for the purposes of enabling it to reconsider the agreement;

(e)

provision specifying steps which the Negotiating Body may or must

take after reconsidering the agreement, including, in particular,

submitting the original agreement, or a revised agreement, to the

Secretary of State;

(f)

provision requiring the Negotiating Body to take any specified steps

before a date notified to it by the Secretary of State.

(4)

In this section “specified” means specified in the regulations.

Failure to reach an agreement

(1)

The Secretary of State may by regulations make provision about cases where

the Negotiating Body is unable to reach an agreement about a matter.

(2)

The provision that may be made by regulations under this section includes,

among other things—

(a)

provision for resolving disagreements about any matter;

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(b)

provision conferring functions on the Secretary of State or a person

specified in the regulations;

(c)

provision requiring the Negotiating Body to act in accordance with a

decision of the Secretary of State or a person specified in the

regulations.

Giving effect to agreements of the Negotiating Body

Power to ratify agreements

(1)

This section applies if the Negotiating Body submits an agreement to the

Secretary of State in accordance with regulations under section 32 or 33 .

(2)

The Secretary of State may make regulations ratifying the agreement—

(a)

in full, or

(b)

to the extent specified in the regulations.

Effect of regulations ratifying agreement

(1)

This section applies if the Secretary of State makes regulations under section

35 ratifying (to any extent) an agreement submitted by the Negotiating Body.

(2)

If the agreement relates to a social care worker’s remuneration, the worker’s

remuneration is to be determined and paid in accordance with the agreement.

(3)

A provision of the agreement that relates to any other term or condition of

a social care worker’s employment has effect as a term of the worker’s

contract.

(4)

A term of that contract has no effect to the extent that it makes provision that

is prohibited by, or is otherwise inconsistent with, the agreement.

Power of Secretary of State to deal with matters

Power of Secretary of State to deal with matters

(1)

This section applies where—

(a)

the Negotiating Body notifies the Secretary of State that it has been

unable to reach an agreement on a matter referred to it, and

(b)

any other specified conditions are met.

In paragraph (b) “specified” means specified in regulations made by the

Secretary of State.

(2)

The Secretary of State may by regulations make provision about the matter.

(3)

Regulations under subsection (2) may provide that the regulations are to have

effect for determining the terms and conditions of employment of social care

workers to whom the regulations apply.

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(4)

If the regulations make provision within subsection (3) , subsections (5) to (7)

apply.

(5)

If the regulations relate to a social care worker’s remuneration, the worker’s

remuneration is to be determined and paid in accordance with the regulations.

(6)

A provision of the regulations that relates to any other term or condition of

a social care worker’s employment has effect as a term of the worker’s

contract.

(7)

A term of that contract has no effect to the extent that it makes provision that

is prohibited by, or is otherwise inconsistent with, the regulations.

Guidance etc

Guidance and codes of practice

(1)

The Secretary of State may by regulations make provision about the issuing

of guidance or codes of practice by the Secretary of State in relation to—

(a)

agreements submitted by the Negotiating Body in accordance with

regulations under section 32 or 33 ;

(b)

regulations made under section 37 .

(2)

Regulations under this section may, among other things—

(a)

impose duties on specified persons, or persons of a specified

description, in relation to any provision of guidance or a code of

practice;

(b)

make provision about the consequences of a failure to comply with

any duty imposed by virtue of paragraph (a).

(3)

The provision that may be made by virtue of subsection (2) (b) includes, among

other things, provision for the failure to be taken into account in any

proceedings before a court or tribunal, including (among other things) for

the purpose of determining the amount of any financial award.

(4)

In this section “specified” means specified in the regulations.

Enforcement

Duty of employers to keep records

(1)

For the purposes of this Chapter, the Secretary of State may by regulations

make provision requiring employers—

(a)

to keep, in a specified form and manner, records of a specified

description;

(b)

to preserve those records for a specified period.

(2)

Regulations under this section may provide for the following provisions of

the National Minimum Wage Act 1998 to apply, with or without modifications,

Page 46

in relation to records which an employer is required to keep and preserve

by virtue of the regulations—

(a)

section 10 (worker’s right of access to records);

(b)

section 11 (failure of employer to allow access to records);

(c)

section 11A (extension of time limit to facilitate conciliation before

institution of proceedings).

(3)

In this section “specified” means specified in the regulations.

Enforcement of matters relating to pay

(1)

Regulations made by the Secretary of State may provide for any provision of

the National Minimum Wage Act 1998 within subsection (2) to apply, with

any modifications specified in the regulations, for the purposes of enforcing—

(a)

any provision of an agreement ratified under section 35 that relates

to remuneration, or

(b)

any provision of regulations under section 37 that relates to

remuneration.

(2)

The provisions referred to in subsection (1) are—

(a)

section 17 (non-compliance: worker entitled to additional

remuneration);

(b)

sections 19 to 19H (notices of underpayment);

(c)

section 28 (evidence: reversal of burden of proof in civil proceedings);

(d)

section 48 (superior employers);

(e)

section 49 (restriction on contracting out).

(3)

Regulations under this section must provide that no amount is recoverable

both—

(a)

under or by virtue of the National Minimum Wage Act 1998 in its

application for the purposes mentioned in subsection (1), and

(b)

under or by virtue of that Act in its application otherwise than for

those purposes,

in respect of the same work.

Supplementary and general

Regulations under section

(1)

Regulations under section 35 or 37 may make provision that has retrospective

effect.

This is subject to subsection (2).

(2)

Regulations under section 35 or 37 may not make provision the effect of which

is to—

(a)

reduce remuneration in respect of a period wholly or partly before

the day on which the regulations are made, or

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(b)

alter a condition of a person’s employment to the person’s detriment

in respect of such a period.

(3)

Regulations under section 35 or 37 may make provision by reference to—

(a)

an agreement submitted to the Secretary of State by the Negotiating

Body, or

(b)

any other document.

(4)

If regulations under section 35 or 37 make provision by virtue of subsection

(3) , they must include provision about the publication of the agreement or

Amendments

No amendments available.

Employment Rights Bill

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Amendment Glossary

Amendments