Pressure Mounts on Ministers to Enhance Workers’ Rights Legislation
Ministers are facing increasing pressure to fortify the forthcoming workers’ rights legislation this month, particularly as they abandon the previously promised “right to switch off” provision from this flagship law. Senior figures within the Labour Party are advocating for the Employment Rights Bill, led by Angela Rayner, to be significantly strengthened to prevent the “exploitation” of workers and to close loopholes that could be exploited by unscrupulous employers.
The bill is set to return to the House of Commons in the coming weeks and is considered a vital element of Labour’s manifesto for the upcoming general election. Its primary aim is to “make work pay” and tackle issues related to insecure employment. However, many within the party argue that the legislation does not go far enough, even as employers express concerns about the potential need to reduce hiring due to the new obligations imposed upon them.
Reports suggest that the Government is moving away from a proposal to include the right to switch off, which would allow employees to prevent employers from contacting them during their personal time. This decision is seen as a way to alleviate the pressures on businesses already grappling with increased taxes, as reported by the Sunday Times.
A spokesperson for Rayner emphasized that the Government still intends to introduce a code of conduct for employers, which is expected to encompass the right to switch off. Labour MP Andy McDonald, who originally drafted the reforms during his time in Sir Keir Starmer’s shadow Cabinet, welcomed the bill’s return to Parliament but urged for it to be further enhanced.
Key Points of Concern
- McDonald highlighted that one of the bill’s pivotal aspects is addressing insecure employment, particularly the issue of bogus self-employment that allows companies to evade their responsibilities to workers.
- He expressed concern that the bill currently fails to establish a single, clear employment status, despite the Government’s commitment to consult on this matter. This delay could facilitate further exploitation as companies might exploit the existing system.
- McDonald also advocated for the expansion of collective bargaining on minimum wage levels across more sectors and called for a ban on “fire and rehire” tactics, which involve laying off workers and subsequently replacing them shortly after.
- He asserted that it would be logical to include the right to switch off within the legislation, stating, “Workers should not be pressured into working outside their hours, including responding to emails and messages. It is not a burden on business to respect workers’ time off, and employers who cannot comply need to reconsider their practices.”
Additionally, the Commons Business and Trade Committee, chaired by former Labour Cabinet minister Liam Byrne, has raised alarms about loopholes in the legislation that permit rogue employers to continue mistreating workers. A report to be released on Monday will indicate that firms could still employ agency workers under de facto zero-hours contracts, despite a proposed ban on enforcing such contracts on staff.
Byrne stated, “We urge ministers to implement strategic modifications to the Employment Rights Bill to ensure that Britain’s most reputable companies are not undermined by rogue enterprises that cut corners and exploit their workforce.”
A government spokesperson responded, stating, “Our Employment Rights Bill will enhance workers’ rights throughout the UK, address poor working conditions, and benefit both businesses and employees. Revitalizing the labor market is crucial for economic growth and fulfilling our transformation agenda. This government, which is both pro-business and pro-worker, has engaged extensively with businesses and unions, and we look forward to continuing these important discussions.”
The Employment Rights Bill: A Landmark Initiative with Room for Improvement
By Andy McDonald MP
For decades, British workers have faced a gradual erosion of rights, wages, and job security. The rise of the gig economy, zero-hours contracts, and outsourcing has left millions vulnerable to exploitative practices. Companies like Uber, Deliveroo, and Hermes have thrived on self-employment models, while Amazon heavily relies on agency workers. The mass layoffs executed by P&O via video demonstrated how easily employment laws can be disregarded.
This is why the Prime Minister has emphasized that working individuals deserve a new deal at work, advocating for fair treatment and respect within modern workplaces. This includes eliminating zero-hours contracts, abolishing fire-and-rehire practices, and ensuring a real living wage for all. The Employment Rights Bill marks a significant advance towards achieving these goals, but it has the potential to transform workers’ lives into something even greater.
After years of economic stagnation and precarious work conditions, this bill represents the most substantial reform of UK employment law in a generation. It effectively targets zero-hours contracts, fire-and-rehire tactics, and insufficient protections for agency workers. Yet, as the bill advances, influential business lobbies are already attempting to dilute its effectiveness.
Reform UK remains hostile to workers’ rights, outright opposing the bill and exposing their failure to advocate for the interests of working people. The battle for a fairer labor market is far from over. One of the bill’s fundamental provisions aims to tackle insecure employment, particularly the issue of bogus self-employment, which enables companies to evade their obligations toward workers.
However, the bill currently does not establish a single, clear employment status, despite the Government’s pledge to consult on this issue. This delay could lead to further exploitation, allowing companies to manipulate the system.
Furthermore, while the bill grants workers the right to request guaranteed-hours contracts, there is room for improvement. Security should be a fundamental right rather than a privilege that workers must plead for. The legislation can be bolstered to provide automatic protections instead of optional safeguards.
The use of fire-and-rehire tactics surged during the COVID-19 pandemic, and while the bill introduces some protections, they are limited. Without stronger legal measures, such as injunctive relief to prevent unfair dismissals before they occur, employers may continue to flout the rules. Additionally, holding bosses personally accountable for non-compliance with tribunal orders could serve as a significant deterrent.
On the issue of wages, the introduction of Fair Pay Agreements (FPAs) in sectors like social care and school support is a welcome development, benefiting some of the lowest-paid workers. However, the potential for FPAs should not be limited to these sectors; they could be extended to other areas of the economy, along with the introduction of genuine sectoral collective bargaining, preventing a race to the bottom.
Moreover, in sectors where the government is the employer, such as the civil service, this could be implemented immediately.
Trade unions play a crucial role in ensuring fair treatment, yet their ability to organize in many workplaces remains curtailed. The bill allows unions to “request” access to workplaces, but merely requesting is not equivalent to having a right. Employers could be legally mandated to grant access to independent unions, including their representatives and full-time officers, ensuring that workers can exercise their rights free from intimidation or obstruction.
While the repeal of anti-union legislation is long overdue, vigilance is essential to prevent employers from exploiting legal gray areas. After 14 years of wage stagnation and deteriorating job security, this bill represents a pivotal moment. However, without essential improvements, it risks leaving the door open for ongoing exploitation. The voices of unions, advocates, and workers must be amplified as the bill moves forward. This is a rare opportunity to create a fairer, more equitable economy, and we must not let it slip away.
Andy McDonald is a Labour MP and served as the Shadow Secretary of State for Employment Rights from 2020 to 2021.
