A clear implementation plan will be key to ensuring the Employment Rights Bill is workable, says CIPD

The UK Government has made amendments to the Employment Rights Bill, which the CIPD says have provided more clarity on some of the measures in the Bill, such as those around Statutory Sick Pay and collective consultations.    

The extra detail will help employers plan for the changes, but we remain concerned that some of the measures could prove difficult to implement and may bring unintended consequences – namely those around zero hours contracts and trade union recognition.  

To help ensure the Bill is workable and serves to improve working practices, we’re urging the UK Government to work with the CIPD and other employer organisations to produce a clear and phased implementation timeline, alongside support and guidance for employers.  

Should agency workers be exempt from zero hours contract provisions? 

We’re pleased to see that the government is allowing more time to find a workable solution to the challenge of applying the proposed new right for zero hours contract workers to have a guaranteed hours contract, to agency workers.  

Agency workers play a crucial role in the UK’s temporary flexible workforce, which helps employers manage peaks and troughs in demand and bring in specialist skills. Agency work also provides valuable flexibility for individuals and can be a route into permanent employment.  

If no effective approach can be developed that works for recruiters, employers and agency staff, we’ll be calling on government to exempt agency workers from the bill’s provisions. The plan to offer zero-hours workers compensation for shifts cancelled at short notice, will go some way towards addressing the government's concerns about one-sided flexibility. It should also help ensure that what is existing good practice in many organisations becomes the norm. 
 

Will new rules for union recognition support workplace democracy? 

Proposed changes to make it easier for unions to achieve recognition, access workplaces and to take industrial action will have major implications for many businesses. Many employers will have no experience of working with trade unions and will need support to develop the necessary employment relations skills and avoid disputes. 
 
We’ve asked the government to consult further with employers on key aspects of these proposals. They need to ensure the bill leads to effective collective employment relations and partnership working between employers and trade unions, and don’t undermine workplace democracy.   

More broadly, we’re calling on government to consider other changes to the employment relations infrastructure and institutions, including more resources for the Central Arbitration Committee and Acas.  

 
Championing and supporting the people profession’s role in ensuring the Bill is workable 

The CIPD’s public policy team recently met the Employment Rights Minister, Justin Madders, to represent the views and expertise of the profession. We’ve also shared evidence and insights directly with the civil servants working on the detail of the legislation, through roundtables and written submissions. 

Since the launch of the Make Work Pay agenda in the government’s election manifesto, we’ve surveyed the people profession and have been engaging regularly with members of our CIPD policy forums and HR leaders’ networks.  
We look forward to continuing to work in partnership with the government to ensure that, through consultation with employers, our members and the people profession, the detail of the measures are workable and can improve workplace practices.  

As your professional body, we’re here to help you understand how the Employment Rights Bill impacts your work and support you to maintain your expertise and credibility through a range of resources, including:    

• Member-exclusive tracker with the latest employment law changes and advice on how to prepare.   

• ‘Focus on Make Work Pay’ page with all the latest developments.   

• Response and comment in our People Management Magazine.   

• Regular updates to our content, as and when there are developments.  

We’re also seeking to work with the government to develop support and guidance to help employers implement the bill’s measures effectively.