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by Munro Research

Workers (Employment Security and Definition) Bill


Official Summary

A Bill to make provision about employment security and the rights of workers; to amend the definition of worker; and for connected purposes.

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Overview

This bill aims to improve employment security and clarify worker rights in the UK. It introduces new rights regarding working hours, notice periods, and payment for cancelled shifts, while also simplifying the definition of "worker" to ensure consistent application of employment rights.

Description

Security of Work

The bill amends the Employment Rights Act 1996 to enhance security for workers. It introduces a right to fixed and regular weekly hours upon commencing employment, requiring employers to provide written notice of these hours. Employers must provide reasonable notice (at least 7 days) for shift requests or cancellations, with penalties (200% pay plus other losses) for insufficient notice. Employers can request additional hours (up to 10% over a year) only under specific written agreements with the worker, or through collective bargaining agreements with recognised trade unions. Unauthorized requests for additional hours also incur penalties (200% of the normal hourly rate).

Definition of Worker

The bill simplifies the definition of "worker" in the Employment Rights Act 1996 and the Trade Union and Labour Relations (Consolidation) Act 1992. It creates a single employment status for workers and employees, ensuring consistent application of rights and responsibilities. The burden of proof in legal disputes regarding employment status shifts to the employer.

Government Spending

The bill is expected to increase government spending due to potential increases in legal challenges and enforcement costs to ensure compliance. The precise financial impact is not specified, however the cost of increased penalties to employers for non-compliance is an unknown factor.

Groups Affected

The bill primarily affects:

  • Workers (particularly zero-hours contract workers): They will gain enhanced rights to fixed hours, notice, and compensation for shift cancellations.
  • Employers: They will face increased administrative burdens and potential financial penalties for non-compliance.
  • Employment Tribunals: They might experience a rise in cases related to the new provisions.
  • Trade Unions: Their role in collective bargaining regarding working hours will be strengthened.
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