On 10 October 2024, the Government presented the Employment Rights Bill to Parliament, containing some of the most significant reforms in a decade. The Government will consult on the reforms and most of them are expected to take effect no earlier than 2026.

Following on from our first article about the Employment Rights Bill, we set out below a summary of the key issues relating to trade unions and other matters in the Bill.

Collective redundancy consultation and notification

The Bill changes the current thresholds which trigger the need to collectively consult (ie with trade union or elected employee representatives) and when employers need to notify the Secretary of State.

Currently, the duty to collectively consult and, separately, notify the Secretary of State is triggered where the employer is proposing 20 or more redundancies, at a single establishment, within 90 days or less.

Under the Bill, the duties will arise when the employer is proposing 20 or more redundancies across its business (rather than solely at a single establishment of the business). As a result, more proposed redundancy situations are likely to come within the scope of the requirements.

Written statement of employment particulars

The written statement will have to include confirmation that the worker has the right to join a trade union; this information will also need to be given at other prescribed times.

Trade unions

The Bill provides for:

• access agreements to be entered into between listed trade unions and employers to allow officials from those unions to access the workplace for certain reasons
• trade union representatives to have sufficient access to facilities and to give time off rights to union equality representatives and
• the current statutory trade union recognition process will be simplified.

Industrial action

Changes will be made to remove the requirement that at least 50% of those entitled to vote in a ballot for industrial action, do vote and this will be replaced by requiring a simple majority of those who vote.

The Bill will repeal the legislation which allows employers, in certain sectors, to impose minimum service levels, during strikes.

There will also be protection from detriment for taking part in official and protected industrial action and protection against dismissal.

Equality action plans

Employers with 250 + employees will be required to produce a gender pay gap action plan to accompany their gender pay reports. They will also be required to produce action plans on how they support employees through the menopause.

Fair Work Agency

A single enforcement body will be created called the Fair Work Agency. The role of the agency will be to ensure greater protection of workers’ rights, with representation from trade unions and businesses.

Other provisions

There will be provisions establishing the School Support Staff Negotiating Body to establish national terms and conditions.

The Bill also provides for the establishment of an Adult Social Care Negotiating Body, with the aim of establishing a Fair Pay Agreement in the adult social care sector.

Next steps

The Bill will need to progress through Parliament and there are likely to be changes during this process. Both employers and employees should look out for updates on the proposals over the next few years.

If you would like to discuss any employment matter, please contact Julia Woodhouse on 01926 831231 or [email protected]  

Julia is an Employment Solicitor based in Leamington Spa and advises clients across Leamington Spa, Warwick, Kenilworth, Coventry, Rugby, Nuneaton, Atherstone and further afield.

 

This article does not constitute legal advice.