Flexibility
Robert delves into the flexibility that zero-hours contracts offer, for people and businesses.
“It’s also important to highlight that whilst there is an organisational benefit to the nature of zero-hours contracts, there are many individuals engaged on a zero-hour basis who prefer the flexibility afforded by this.. For certain segments of the workforce, such as students, caregivers, or those pursuing other commitments, zero-hours contracts offer the flexibility to balance work with other responsibilities. These individuals may value the ability to control their own schedules, accepting work when it suits them and declining shifts when it doesn't.
Zero-hours contracts can also provide opportunities for individuals seeking supplemental income or those transitioning between jobs to gain employment without the commitment of fixed hours. For some, the unpredictability of hours may even be preferable, allowing for spontaneity or the ability to adjust their work patterns to suit personal circumstances.”
Preventing ‘fire and rehire’
‘Fire and rehire’ is the practice of dismissing employees who don’t agree to changes to their contract, and then offering to hire them back again on a new contract with revised terms. Labour plans to improve consultation procedures and ban this practice.
We asked Robert for his thoughts around this potential change.
“Preventing the practice of 'fire and rehire' would indeed have wide-reaching implications, it goes without saying that this has received recent controversial attention in the media, especially the impact it can have on employees.
While it may not be encountered in every HR department, it's not uncommon. This practice tends to be more widely adopted during times of economic uncertainty or when clients are undergoing restructuring. Whilst ‘fire and rehire’ could be the ultimate outcome to a consultation process where the aim is to seek agreement to a proposed contractual change, it doesn’t always have to be the outcome.
There have been several clients that we have supported with change programmes, whereby we’ve been able to seek collective agreement to support a contractual change or update without the requirement to fire and rehire, in some cases clients have also been able to consider amicable options such as voluntary redundancy, flexible working arrangements or redeployment as an alternative to fire and rehire.”
Introducing the right to disconnect
Labour have proposed making the right to 'switch off' or disconnect from work (outside contracted working hours) a legal right, following in the footsteps of other countries.
Whilst this is a welcome step for healthy company cultures and the elusive work-life balance, it could also potentially be restrictive for SMEs.
“There’s a lot of ambiguity as to how this could feature within the UK employment market, and a number of areas that would need to be addressed, such as if there should be a compensatory adjustment if contact is required, or if fines would be mandated by HMRC,” Robert Burden of Kane HR notes.
“There’s also the question around how our national infrastructure would be impacted and whether certain industries would be excluded much like the Armed Forces and emergency services are excluded from the working time regulations.
What’s notable is that offering employees the right or option to disconnect outside of their regular working hours would naturally promote a healthier work-life balance and attribute to a reduction in stress levels. Assuming that the introduction of such legislation requires clear guidelines around after-hours communication, I would expect this to help SMEs establish boundaries on working expectations which could also help to foster positive work cultures.
While SMEs may initially have concerns about the impact on productivity and communication, the long-term benefits of improved employee satisfaction and retention may outweigh the perceived drawbacks.”
Employment tribunal updates
The Labour Party has said they would extend the time period around bringing claims to an employment tribunal to 6 months – currently, employees have 3 months to bring a claim.
“Whilst this could mean a longer process for HR, extending the time limit for bringing claims to the employment tribunal would benefit victims of workplace discrimination by alleviating the pressure to rush into litigation and allowing more time to process potentially traumatic experiences,” Robert notes.
“As I understand, the proposal would be to increase the time limit to 6 months. Looking at this from a neutral perspective, you could see how such an extension would provide both employers and employees more space for negotiations, promoting a better dialogue and increasing the likelihood of settling claims outside of the tribunal system.”
Additional changes
Labour also propose raising the National Minimum Wage to a minimum of £10 per hour for all workers, including young adults who earn less under the current tiers. They plan to make Statutory Sick Pay available to everyone, and strengthen employment law protections for whistleblowers & pregnant employees. They also propose closing ethnicity, gender & disability pay gaps, and introducing legislation around bereavement leave.
What these potential employment law updates could mean for HR
Depending on what happens at the next general election, there could be significant potential employment law updates on the horizon.
We asked Robert Burden of Kane HR which change would be the most impactful for SME HR teams.
“In addition to the proposed merging of ‘worker’ employment status, aligning ‘day one’ rights to all employees would provide protection against unfair dismissal and entitlement to redundancy pay from the outset, which currently requires two years of service.
These measures would grant immediate access to a comprehensive set of rights and protections for all employees, without any waiting periods. However, this could potentially lead to additional pressure on the tribunal system and impose substantial additional costs on businesses.”
Of course, we don’t know what will happen in terms of future employment law or government changes – but preparing where you can is only a positive.
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Robert Burden is the Managing Consultant at Kane HR, who are Gold HR Partners of Breathe.
Disclaimer: Breathe is not affiliated to any political party – the purpose of this article is to provide factual information for HR, not an attempt to influence political decision-making in any way.