Employment Law Update

SNS Solicitors have had a very busy week and a bit as employers come to terms with the promises that the government have made in regards to employment law. Like everything else, it may take a little time to implement but the changes, if they occur are going to fundamentally change the relationship between employers and employees and what happens in the workplace.

So what is on the government’s agenda:

1. Unfair dismissal. Claims for unfair dismissal can only be raised at present by employees who have completed two years of service. This has resulted in many employees having a two year probation period as an unfair termination can take place anytime in those first two years. The promise is that this will be changed and you can bring a claim for unfair dismissal on day one. So employers will need to take care from their on boarding processes.

1. Zero Hours Contracts. These will be a thing of the past unless they work in the employees interests. Employees who like working several jobs and say no to offers of work can keep their zero hours contracts but those employers who have more employees than work and chop and change their work force will have to adopt new strategies and provide work for people on their books.

1. Fire and rehire. Usually a contract can only be changed if both parties agree to the alteration. Some employers have circumnavigated this fundamental common law right by sacking their entire workforce and then rehiring them under new contracts which are inevitably less attractive than the original contracts. The government has promised to stop this practise.

1. Right to switch off. The UK has been lagging behind most of the civilised world by not having the right to switch off. This will protect the employee from being contacted by their employer outside of their working hours and should put and end to those weekend and evening calls to employees. If an employer needs to discuss matters with an employee, they will need to do so during the time they are being paid to work.

1. Extending time limits. A claim in the Employment Tribunal against an employer must be made within the first three months of a dismissal.  The government promised in its manifesto to extend the limit to six months for bringing a claim.

1. From three to two to one. At present there are three potential ways to be employed as an employee, a worker or a self-employed contractor. Each of these arrangements have different employment rights. The promise is that everyone should have the same rights and so there may be an immediate move to employees and self-employed which may eventually result in everyone becoming an employee and enjoying the legal advantages of that status.

1. Minimum Wage The promise is to scrap the age restrictions so that the under 18s, the 18 to 20s and the over 21s will all be paid the same amount rather than the separate bands currently in place.

In addition there are promises to tighten up discrimination laws, whistle blowing and trade union membership, flexible working and maternity and paternity rights so that the laws currently in place are adhered to and respected and the penalties for failing to adhere to them might be increased.

Of course, there have been times in the past where election promises are not converted into legislation so how many of these changes are introduced and when their introduction takes place will be a key factor.

In the past two weeks, SNS Solicitors have had a record number of enquiries from employees whose contracts have been terminated as employers try to remove workers before it might become more difficult to do. If you need advice regarding employment problems please contact John Newcomb at SNS Solicitors.