In fulfilment of its election promise to “Make Work Pay” the Government is introducing significant changes to employment law. Following the publication of the Employment Rights Bill in October last year, the Government has since announced a number of amendments and additions to the Bill in light of its series of consultations. The key amendments that schools should be aware of are:
Agency workers to be included in zero-hours ban
Agency workers are to be included in a ban on zero-hours contracts, and will be able to access a contract which reflects the hours that they regularly work. This is with the aim of increasing security for individuals to receive reasonable notice of their shifts and proportionate pay for if these are changed or cancelled at short notice. The Government notes that the plans will however retain necessary flexibility for employers in how they manage their workforces.
Importantly, responsibility for some of these obligations will fall on the schools hiring the agency workers. This may be a cause for concern for schools, which often require highly skilled, temporary agency workers at the last minute, and cannot necessarily guarantee the number of hours a supply teacher will be required.
Statutory Sick Pay to be capped
Employees too ill to work will receive either statutory sick pay, or 80% of their average weekly pay – whichever is lower. Employees will also have a right to SSP from their first day of sickness absence.
Collective redundancy consultations
The maximum period of the protective award for a failure to consult in a collective redundancy situation will be increased from 90 days to 180 days. The Government’s aim is to provide a deterrent against deliberate breaches of the collective consultation requirements, whilst allowing tribunals the discretion to take into account the surrounding circumstances.
In a welcome move, the Government has confirmed that it is not proceeding with its proposal to make interim relief available in claims for protective awards and/or in claims for unfair dismissal involving fire and re-hire. Further guidance for employers on the consultation processes for collective redundancies is expected from the Government.
Updates to the framework for industrial relations
The Government has set out aims to update the legislative framework in which trade unions operate in order to align it with modern work practices. The key changes include increasing the notice period for industrial action to 10 days, as opposed to the 7 days set out in the first draft of the Bill, and changes surrounding ballots for industrial action. These changes will particularly impact schools, as we have witnessed a significant increase in industrial action in schools over the past few years.
What is the Fair Work Agency?
There is to be a new enforcement agency which will enforce workers’ rights on their behalf. The current proposals would see the Fair Work Agency have the power to enforce National Minimum Wage, SSP, holiday pay, employment agency rules and to impose financial penalties for a failure to pay sums ordered by an employment tribunal.
Whilst there has been no change in the law as yet (with the Bill currently going through Parliament and therefore subject to further debate and revisions), it is likely that the amendments outlined above will be implemented (or at least in a similar form). Schools should therefore be prepared for them.
You can read further about the other changes to be implemented by the Bill (subject to the amends covered in this Article) – What does the Employment Rights Bill mean for schools?
How Moore Barlow can help
Moore Barlow’s Independent schools lawyers are trusted legal advisers to senior leaders and governors of leading Independent Schools of all shapes and sizes, providing advice and support on all the key legal and strategic issues arising from normal operations and plans for future development and expansion.
The team would be very happy to provide assistance in order to guide your organisation through any processes or changes you would like to implement in order to prepare for these changes.
