Source · Select Committees · Business and Trade Committee
Recommendation 2
2
Accepted in Part
Embed definitions of 'reasonable notice' and 'moved' shifts into primary legislation.
Recommendation
While the Committee welcomes the added security for workers that the Bill brings with measures to provide reasonable notice of shifts and compensation for cancelled, moved or curtailed shifts. But the lack of key details on the face of the Bill means that Parliament is at risk of signing a regulatory blank cheque for the Secretary of State without knowing the full impact it will have on workers and businesses. The Government must put in primary legislation through the Employment Rights Bill a definition of: a. what is meant by ‘reasonable notice’ of shifts in clause two of the Bill; and b. definitions of what is meant by ‘moved,’ ‘short notice’ and what groups of workers would qualify in clause three of the Bill. (Recommendation, Paragraph 17)
Government Response Summary
The government declines to put all requested definitions into primary legislation, stating they are more suited to secondary legislation for flexibility, but confirms the Bill states the short notice period will not exceed seven days and will consult on regulations for other definitions and worker groups.
Government Response
Accepted in Part
HM Government
Accepted in Part
The Bill requires employers to notify workers of their shifts and changes to these within a reasonable timeframe, as well as to provide workers with payment for cancelling, curtailing or moving their shift at short notice. The delegated powers in the Bill will enable the Secretary of State to provide technical details (more suited to secondary legislation) surrounding definitions of the period of short notice and the minimum threshold for shift movement. These provisions will be brought into force after consultation with stakeholders on what those exact amounts should be, although the period of short notice will not be more than seven days – this is stated on the face of the Bill. The Government wishes to retain flexibility to enable these details to be adjusted in future in light of the latest evidence, the changing employment market and experience of implementation, and these powers will provide for that. The Government will also set out in regulations the specific types of workers’ contracts that will be included within the scope of these rights. The Government is satisfied that the powers in the Bill are necessary and justified, and will provide workers with more predictability around the timing of their shifts, as well as payment to recompense them for income lost and expense incurred.