As campaigning gains momentum in the run-up to the general election on 7 May, all the leading parties have highlighted changes around employment law in their manifestos. Here’s a quick round-up of some of their pledges….
The Conservatives
- “Strikes should only ever be the result of a clear, positive decision based on a ballot in which at least half the workforce has voted.
- “We will, in addition, tackle the disproportionate impact of strikes in essential public services by introducing a tougher threshold in health, education, fire and transport. Industrial action in these essential services would require the support of at least 40 per cent of all those entitled to take part in strike ballots – as well as a majority of those who actually turn out to vote.
- “We will also repeal…restrictions banning employers from hiring agency staff to provide essential cover during strikes; and ensure strikes cannot be called on the basis of ballots conduct years before.
- “We will…give those who work for a big company and the public sector a new workplace entitlement to volunteering leave for three days a year, on full pay.”
Labour
- “We will abolish the government’s employment tribunal fee system as part of wider reforms to make sure that affordability is not a barrier to workers having proper access to justice, employers get a quicker resolution, and the costs to the tax payer do not rise.
- “Labour will ban exploitative zero-hours contracts. Those who work regular hours for more than 12 weeks will have a right to a regular contract. We will abolish the loophole that allows firms to undercut permanent staff by using agency workers on lower pay.
- “We will ban recruitment agencies from hiring only from overseas and crack down on rogue agencies by extending the remit of the Gangmasters Licensing Authority where there is evidence of abuse.
- “We will make sure employees have a voice when executive pay is set by requiring employee representation on remuneration committees.”
The Liberal Democrats say they will:
- introduce mandatory arbitration for strikes likely to cause widespread public disruption;
- ensure swift implementation of new rules requiring companies with more than 250 employees to publish details of the different pay levels of men and women in their organisation;
- consult on requirements for companies to conduct and publish a full equality pay review, and to consult staff on executive pay;
- review employment tribunal fees to ensure they are not a barrier; and
- the party also says that flexible employment contracts – including zero hours contracts – can work well for employees and businesses, adding: “But that is not always the case and we will continue to stamp out abuse. We will create a formal right to request a fixed contract and consult on introducing a right to make regular patterns of work contractual after a period of time.”
Green Party says it will:
- revive the role of democratic trade unions, including the right to belong to a union and have the employer recognise it, and the right to take industrial action, including strikes and peaceful picketing;
- phase in a 35-hour week;
- end exploitative zero-hours contracts;
- make equal pay for men and women a reality;
- Introduce a maximum pay ratio of 10:1 between the best paid and the worst paid in every organisation;
- end blacklisting, including a full investigation into blacklisting in the construction industry and considering the creation of a new criminal offence; and
- reduce employment tribunal fees so that tribunals are accessible to workers.
UKIP
- “Leaving the EU will not mean workers’ employment rights will be removed, simply that they will be adopted into UK law.
- “Some EU directives, such as the Working Time Directive, need amending because they actively restrict the British work ethos and therefore our economy, but UKIP will protect workers’ rights.
- “Because UKIP recognises that zero hours contracts suit many people, we will not ban them. We do, however, take a very dim view of their abuse and will introduce a legally binding Code of Conduct stipulating the following:
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- businesses hiring 50 people or more must give workers on zero hours contracts either a full or part-time secure contract after one year, if the workers involved request it;
- there must be no exclusivity clauses in any zero-hours contract; and
- workers on zero hours contracts must be given at least 12 hours advance notice of work. Once notice has been given, they must be paid for the work, regardless of whether or not they are actually needed.
As the employment law environment continues to evolve post-May 7, Palmers, can provide expert advice on all aspects of compliance to support employers and assist them in maintaining full compliance. For more information, please visit our website or contact Lara Murray.