Employment Rights Bill: Evidence submission to the Public Bill Committee
We have submitted written evidence to the Employment Rights Public Bill Committee to inform its scrutiny of the government’s flagship Employment Rights Bill. Using our frontline experience of supporting migrants and other individuals caught in precarious work situations, we highlight areas where the bill can be strengthened so that its effects can be felt by those at the sharpest end of employer non-compliance and exploitation in the labour market.
Published on 10 October 2024, 5he Employment Rights Bill includes 28 individual employment reforms including zero-hours contracts, fire and rehire practices, day-one rights and a new model for labour market enforcement. We use this submission to identify current gaps in the bill and address some of the most pertinent issues affecting migrants and other vulnerable workers. This includes:
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Shining a light on the need for proportionate probationary periods and ensuring workers under the Seasonal Worker visa can also benefit from greater unfair dismissal protections;
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Noting the current unfairness of Statutory Maternity Pay (SMP) rules which mean that some lower-paid, pregnant workers can lose out on access to SMP because of pregnancy-related illness;
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Demonstrating the need for migrant worker representation on both the Adult Social Care Negotiating Body and the advisory board to the Secretary of State for labour market enforcement purposes;
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Highlighting the importance of safe reporting pathways for migrant workers as part of the envisaged new Fair Work Agency; and
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Making the case for individual director liability in cases where companies do not pay out on tribunal awards and where there is clear wrongdoing from individual company officers.
The committee has published our evidence submission alongside the full repository of evidence submitted from various stakeholders. The committee stage is due to finish its scrutiny work by 21 January, and we look forward to engaging with parliamentarians further in the remaining legislative steps before the bill comes into force.