Source · Select Committees · Business and Trade Committee
Recommendation 5
5
Rejected
Remove the 'minimum number of hours' reference from the Employment Rights Bill.
Recommendation
Defining what counts as low-hours creates a loophole that can be exploited by companies to avoid their obligations set out in the Bill. We echo Usdaw’s recommendation that the reference to ‘a minimum number of hours, not exceeding a specified number of hours’ under section 27BA (3) should be removed from the Bill. (Recommendation, Paragraph 27)
Government Response Summary
The government rejects the recommendation to remove the hours threshold, stating it is important to prevent unnecessary interference with existing arrangements and ensure the right is targeted. They will consult on the specific hours threshold for regulations.
Government Response
Rejected
HM Government
Rejected
The Government has committed to tackle the issue of one-sided flexibility by introducing the new right to guaranteed hours. Our focus is on giving security and predictability of hours and income to those who do not have it. Workers will be eligible for a guaranteed hours offer if they work on a zero hours basis, or if they have a number of guaranteed hours below the ‘hours threshold’ (which will be set out in regulations) and are working in excess of that minimum number of hours. The workers’ hours worked during the reference period must also meet conditions specified in regulations as to regularity or number or otherwise. However, if there was no hours threshold, workers who already have predictability and security of income would be in scope of the new right – for example, full time employees who work overtime. The Government does not want to interfere unnecessarily with existing overtime arrangements and considers that workers would already have predictability of work in these cases. The Government recognises how important the hours threshold is in securing workers’ rights to guaranteed hours. This is why the Government will consult, including with trade unions, on the hours threshold before making secondary legislation.