Solicitor at employment experts Thackery Williams, Lydia Button outlines what operators need to know about the legislation:
Now in its final parliamentary stages, the Bill awaits Royal Assent pending agreement between the House of Commons and House of Lords.
As its implementation draws near, pub operators should begin preparing for significant changes – particularly those affecting casual and zero-hours workers.
Key areas to watch include:
Right to guaranteed hours
Employers must offer guaranteed hours to qualifying workers whose actual hours exceed their contractual minimum over a reference period – anticipated to be 12 weeks, however final details will be set in regulations, as well as the number and regularity of the hours.
Work schedule transparency
Operations will be required to give reasonable notice of work schedules, including specific days, times and hours. This applies to zero-hours or minimum-hours contracts, and those without set working patterns.
Shift changes and compensation
Any cancellation or change to a shift must be communicated to employees with “reasonable” notice – a minimum timeframe will be set out in regulations. If changes occur at “short notice”, workers may be entitled to proportionate compensation.
Day-one protection from unfair dismissal
Employees are due to have a right not to be unfairly dismissed from day one of employment. The House of Lords are now on their second attempt to pass an amendment reinstating a qualifying period of six months before an employee can claim unfair dismissal. Once an agreement has been reached, consultation will take place to agree an “initial period” for a light touch dismissal procedure.
Extended tribunal claim window
The time limit for bringing employment tribunal claims will increase from three to six months, giving employees more time to take action against their employers.
Fair Work Agency oversight
A new Fair Work Agency will be established with powers to enforce labour market regulations including but not limited to minimum wage, statutory sick pay, holiday pay, and protection against exploitation.
