Articles

An Amendment Paper to the Employment Rights Bill 2024 was published on 27 November 2024 (“Paper”) and introduced several changes, the key ones to note being:

1. Extending the time limit to bring Employment Tribunal claims

An extension on the time limit to bring a tribunal claim from 3 to 6 months. This is a substantial change and will allow individuals a longer period to make a claim, which creates uncertainty for employers as it doubles the current time limit that employers are exposed to risks of claims.

2. Change to “initial period of employment”

The new “initial period of employment” (the statutory probationary period) must be between 3 and 9 months for unfair dismissal purposes.

3. Menstrual Health and Gender Equality

The Regulations have added “menstrual problems and menstrual disorders” to the definition of “matters related to gender equality”. Employers may also be required to produce equality action plans under separate regulations.

4. Payment rule changes for shift cancellations

Employment Tribunals will be provided with discretion as to the size of the monetary award where shifts have been cancelled, moved, or curtailed at short notice depending on the “seriousness of the matter”.

5. Trade union’s right to access workplaces

The right of trade unions to access the workplace will be clarified so that it does not extend to any workplace which is also a dwelling.

Further proposals in the Paper include:

• A clause that would make void any non-disclosure agreement that seeks to prevent a worker from making a disclosure about harassment, including sexual harassment; and
• Prohibiting the use of “substitution clauses” which currently permit companies to allow their supplier so to appoint a substitute to supply services on their behalf.

Comment

We will continue to monitor and keep you updated on any further changes and updates to the Employment Rights Bill.

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