Preparing for Autumn Employment Law Changes

As we move towards autumn, the Employment Rights Act continues to introduce significant reforms to employment law, with several measures expected to come into force from October.

Employers should begin preparing now to ensure they remain compliant and minimise the risk of workplace disputes or costly Employment Tribunal claims.

 

Key Employment Law Changes

Contracts of Employment

Contracts will need to include an explicit statement that workers have the right to join a trade union.

 

Adult Social Care Negotiating Body

A new Adult Social Care Negotiating Body will be established to enable the Secretary of State to ratify agreements relating to the terms and conditions of all staff employed in the provision of adult social care in England.

 

Sexual Harassment

Employers will be required to take “all reasonable steps” to prevent sexual harassment of their employees. This places greater emphasis on prevention rather than simply responding to complaints when they arise.

Sexual Harassment will also become a “qualifying disclosure” under the whistleblowing law.

 

Third-Party Harassment

Employers will become liable for third party harassment, unless they took all reasonable steps to prevent it.

 

Tribunal Time Limits

The time limit for bringing an Employment Tribunal claims will double from 3 months to 6 months.

While this provides employees with more time to bring claims, it also means employers may need to retain documentation for longer and could face disputes many months after an event has occurred.

 

Tipping Policies

Employers will need to consult with workers (or their representatives) before introducing a Tipping Policy. The policy will require to be updated every 3 years with consultation each time.

 

Trade Union Right of Access

Trade Union Officials will have a wider right to access workplaces for recruitment, organising and collective bargaining purposes.

 

Trade Union Representatives and Facilities

Trade Union representatives will gain new rights to reasonable accommodation and facilities, including pay, whilst carrying out their duties.

 

Industrial Action Protection

Workers participating in industrial action will receive protection against detriment, alongside protection against unfair dismissal.

 

Avoiding “Two-Tier Workforce”

New powers will be introduced which will avoid a “two-tier workforce” with former public sector employees and private sector employees being employed on different terms and conditions.

 

Employer Considerations

Rather than waiting for these changes to take effect, employers should take proactive steps now by:

• Update employment contracts to include workers’ rights to join a trade union
• Monitor developments relating to Adult Social Care Negotiating Body
• Review anti-harassment policies, reporting procedures and staff training to ensure all reasonable steps are being taken
• Assess customer facing environment and implement measures to reduce the risk of third-party harassment
• Prepare for longer Employment Tribunal limitation periods
• Review Tipping Policies and consultation requirements
• Update employee relationships strategies to accommodate trade union access rights
• Train managers on the new rights and protections relating to industrial action and trade union representative facilities