Revealed: The Government’s 24 Extra Commitments on Workers’ Rights which go Way Beyond the New Employment Rights Bill

The Government’s new Employment Rights Bill, part of its stated plan to ‘make work pay’, is packed with wide-ranging pledges to reform British workplaces. 

Almost every union has publicly welcomed the changes (contrasting with a frostier reception from employer bodies), introduced in Parliament on Thursday. It came just two days within the Government’s pledge to introduce it in their first 100 days.

On its own, the Bill will go some way to adjusting the industrial balance of power – the relationship between workers, employers, and trade unions – after years of anti-union laws and a deregulation agenda from the top. 

It will ban most zero hours contracts, introduce new ‘access rights’ for unions to go into work places to organise employees, repeal the Minimum Service Levels law, and scrap the Conservatives’ tough ballot thresholds for strike action in public services, among other things. 

But there’s plenty else in the Government’s policy document on the Bill that is likely to be ignored. You can compare and contrast it with what was in Labour‘s pre-election workers’ rights plan, the ‘Plan to Make Work Pay‘.

The Government has announced, by our count, 24 additional commitments that go well beyond the scope of their landmark Bill. 

Some of the commitments may not happen, but you’d expect most to occur if unions are to remain friendly with the Labour Government. 

The new commitments touch on almost every aspect of working life, from parental leave and carers’ rights to workplace surveillance, and health and safety. 

They’ll also seek to address bigger societal issues such as racial inequality, and the challenges faced by workers with terminal illnesses or those experiencing menopause.

One of the most notable aspects of these pledges is the Government’s shift towards a more collaborative approach with trade unions – a ‘tripartite’ model where Government works with unions and businesses in a more systematic way (as opposed to just stepping in when mega-strikes are on the table).

It is easier said than done, but Labour-run Wales has adopted a similar ‘social partnership model’ with unions and businesses. Gone will be the “overly conflictual approach” of the past, ministers say.

Proposals include simplifying the union recognition process, allowing more workers to be formally represented by trade unions.  

Ministers will also seek views on removing the requirement for unions to have to ballot their members on whether they can maintain ‘political funds’. It’s an administrative faff for unions which they will be glad to see the back of. 

The commitments also reflect an acknowledgment of changing work patterns and emerging challenges in the modern workplace. 

For instance, the Government plans to consult on a simpler framework for ‘worker’ status, addressing the complexities of the gig economy and self-employment. Note that the word ‘consult’ leaves a lot of room for manoeuvre if businesses decide to lobby heavily against it. 

There are also pledges to review health and safety guidance in light of issues such as extreme temperatures and long-COVID. 

Only some of these will be implemented from Autumn 2024, as much will rely on consultation – hence they’re not in the Bill yet. 

Below we look through what changes are in the works. Business leaders and union representatives will be watching closely to see whether these promises translate into practical changes for workers across the country anytime soon…

24 Workers’ Rights Pledges Beyond the Employment Rights Bill 

1. Parental Leave Review: The Government’s new ‘Next Steps to Make Work Pay’ document, launched alongside the Employment Rights Bill, pledges to conduct a “full review” of the parental leave system, acknowledging that the current system doesn’t adequately support working parents. This will be done alongside provisions in the Employment Rights Bill, to ensure parental leave is a right from day one of employment.
2. Carer’s Leave Review: Review the implementation of Carer’s leave and examine all benefits of introducing paid carers’ leave. Officials say the review will be mindful of the impact on employers, particularly small businesses.
3. Workplace Surveillance Technologies: Consult on regulating workplace surveillance technologies, potentially ensuring negotiations over the use of workplace surveillance tech with trade unions and staff representatives.
4. Single ‘Worker’ Status: Consult on a simpler framework that differentiates between workers and the genuinely self-employed. It will aim to ensure all workers know their rights and have protection at work.
5. Strengthen Self-Employed Protections:
   • Introduce a right to written contract for the self-employed
   • Extend blacklisting protections (illegal measures which have barred union members or activists from employment) 
   • Extend health and safety protections These measures will be implemented through the single ‘worker’ status consultation.
6. TUPE Regulations Review: Launch a Call for Evidence to “holistically” examine issues relating to Transfer of Undertakings (Protection of Employment) (TUPE) regulations and processes, which kick in when parts of companies are sold, or groups of workers are transferred to another company/employer
7. Health and Safety Review: Modernise health and safety legislation and guidance, focusing on:
   • Neurodiversity awareness in the workplace
   • Guidance for extreme temperatures (there’s no legal ‘maximum’ temperature for workplaces at present) 
   • Support for those experiencing long Covid symptoms
   • Ensuring health and safety reflects workforce diversity
8. Collective Grievances: Consult with the employment advice/negotiation body Acas on enabling employees to collectively raise grievances about unfair conduct in their place of work.
9. Public Procurement Reforms:
   • Make considering ‘social value’ mandatory in public sector contracts 
   • Use public procurement to raise employment rights standards
   • Require public bodies to conduct a quick and proportionate public interest test These will be implemented alongside wider procurement system reforms, starting with a new National Procurement Policy Statement ahead of the 2023 Procurement Act coming into force in February 2025.
10. Extend Freedom of Information Act (unlike some of the others, this is a firm commitment)
    • Cover private companies holding public contracts
    • Include publicly-funded employers (it’s not entirely clear what this one will mean)
11. Updating the Trade Union Framework: Consult to modernise the overall legal framework governing trade unions, repealing legislation that has led to an “overly conflictual” approach to industrial relations.
12. Electronic Balloting for Unions: Launch a working group including cyber security experts and trade unions to allow “modern and secure” electronic voting in trade union ballots (such as strike ballots and General Secretary elections)
13. Fair Payment Code: Strengthen protections for the self-employed by tackling late payments using a new Fair Payment Code.
14. Paid Travel Time: Make progress on commitments for paid travel time for workers.
15. Right to Switch Off: Deliver the ‘Right to Switch Off’ through a new legal Code of Practice.
16. Real Living Wage: Remove age bands for the minimum wage to ensure every adult worker benefits from a “genuine living wage”.
17. Dying to Work Charter: Support workers with terminal illness through a Dying to Work Charter.
18. Socioeconomic Duty: Enact the Equality Act’s ‘socioeconomic duty’ to address economic inequalities. It would require public bodies to adopt “transparent and effective measures to address the inequalities that result from differences in occupation, education, place of residence or social class” according to the Equality Trust
19. Public Sector Equality Duty: Ensure Public Sector Equality Duty provisions cover all parties exercising ‘public functions’. The PSED is a legal requirement for public authorities to consider how their actions affect people with different protected characteristics, according to the Equality and Human Rights Commission 
20. Menopause Guidance: Develop guidance for employers on supporting employees experiencing menopause.
21. Health and Wellbeing Guidance: Develop “comprehensive” guidance on health and wellbeing in the workplace.
22. A new Equality (Race and Disability) Bill: Publish a draft Equality (Race and Disability) Bill during the current parliamentary session for pre-legislative scrutiny:
    • Extending pay gap reporting to ethnicity and disability for employers with more than 250 staff
    • Extending equal pay rights to protect workers from race or disability discrimination
    • Preventing outsourcing to avoid equal pay obligations
    • Implementing a regulatory and enforcement unit for equal pay with trade union involvement
23. Secondary Legislation Consultation: More consultations prior to making secondary legislation to implement these reforms.
24. Trade Union Political Funds: Seek views on measures to remove the requirement for unions to ballot their members every ten years on whether they can continue to operate “political funds” allowing campaigning and lobbying of political parties.

If even half of these changes are introduced, on top of the Employment Rights Bill, the world of work could change dramatically in the UK.

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Josiah Mortimer also writes the On the Ground column, exclusive to the print edition of Byline Times.

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