Select committee: Business, Innovation, Science and Trade Committee
Recommendation 12
3rd Report - Make Work Pay: Employment Rights Bill
Published 3 Mar 2025
Addressed to Department for Business and Trade
Business, Innovation, Science and Trade Committee Make Work Pay: Employment Rights Bill All items in this report Report on parliament.uk ↗ Inquiry on parliament.uk ↗
Recommendation (the committee's words)
Given that an expected consequence of the Employment Right Bill may be greater recognition ballot activity within workplaces, it is essential that ministers amend section 27B of Schedule 1A of the Trade Union and Labour Relations (Consolidation) Act 1992 to provide longer than 24 hours for complaints about the conduct of recognition ballots to be heard and addressed. The Government should further commit to reform section 39(2) of Schedule 1A of the same Act to allow the Secretary of State for Business and Trade to significantly shorten the period of limitation covering proposed bargaining unit applications through regulations. The Secretary of State should agree to consult stakeholders on such changes as part of its future consultations on industrial relations reform. We further note that the right of access during statutory recognition ballots should be further supported by the development of (a) relevant access agreement templates and (b) better resourcing to support businesses, especially small businesses, and for enforcement and compliance information support to tackle the risk of non-compliance with the decisions of the Central Arbitration Committee. (Recommendation, Paragraph 67) 38
From: Business, Innovation, Science and Trade Committee, 3rd Report - Make Work Pay: Employment Rights Bill (HC 370), 3 March 2025
Government response
The government responded to the whole report on 22 May 2025 (deadline 3 May 2025).
Summary written by Accountability Index from the government's response. It is not the government's own words.The government's response sets out its position on each of the Committee's 15 recommendations, largely by describing existing plans, amendments already made and consultations to come, rather than adopting the Committee's specific changes.
- On guaranteed hours, the government says the initial reference period is "expected to be 12 weeks" and will consult on subsequent reference periods before making secondary legislation.
- On definitions of notice and shift changes, it is "satisfied that the powers in the Bill are necessary and justified", wishing to retain flexibility. The period of short notice will not be more than seven days, as stated on the face of the Bill.
- On employment status, it sees consulting on a simpler framework as "a longer-term goal", rather than rolling out reform alongside the Bill's commencement as the Committee recommended.
- On umbrella companies, it agrees timely action is imperative, has introduced an amendment to the Bill, and will consult on a bespoke regulatory framework "in due course".