As a general election edges slowly closer, it was always going to be the case that employment law - and the impact upon both businesses, employers and employees - would form a key battleground between the parties.
This week saw the starting shots fired. Speaking at the TUC annual conference , Angela Rayner, Labour's deputy leader, stated that Labour would introduce an Employment Rights Bill within the first 100 days of entering office, promising that this was a "cast iron commitment".
Angela Rayner set out Labour's plans on the following areas:
- Trade unions. The Strikes (Minimum Service Levels) Act 2023 and the Trade Unions Act 2016 will be repealed. Trade union laws will be updated "to make them fit for the 21st century" and to strengthen the role of trade unions in society, as laws protecting union representatives and officials do not take account of the technological advances of the last ten years. Trade unions will be given a new right to access workplaces, allowing them to meet, represent, recruit and organise members. The statutory recognition process will be simplified so that gig economy and remote workers can meaningfully organise through trade unions. Rules to allow trade unions to use secure and private electronic balloting when engaging, communicating with, and polling members will be levelled up. Labour will also boost collective bargaining, starting with fair pay agreements in adult social care.
- Blacklisting. Updated regulations will outlaw the use of predictive technology for blacklisting and safeguard against singling out workers for mistreatment or dismissal without any evidence of union interaction. Third parties will also be made liable for blacklisting they carry out on behalf of employers.
Employment tribunals will be given the power to order destruction of lists, whether digital or otherwise.
But whilst the trade union proposals are obviously vital to Labour's manifesto, it was perhaps the more general changes referred to which caught the eye.
- Other measures. Rayner promised plans to ban zero-hours contracts, to bring in a "proper living wage that people can actually live on", to end fire and rehire (the practice of terminating an employment contract for Some Other Substantial Reason and offering re-engagement on new terms), to support family-friendly working, to strengthen sick pay by making it available to all workers including the lowest earners from day one, to end the gender pay gap faster, address unequal pay, tackle sexual harassment at work and put mental health on a par with physical health.
These other measures, reeled out with pace but no real detail, are of course striking in their purported significance. Is it really possible or desirable to ban zero-hours contracts? How does one end the gender pay gap? How do you 'tackle' sexual harassment - these are all bold ambitions but without any detail, which one assumes will be forthcoming as an election manifesto unfolds, it is far too early to provide any meaningful analysis, either for or against the proposals.
WorkSmarter will keep you updated!