The drawing to an end of the new UK Government’s first 100 days in power has seen publication of its highly anticipated Employment Rights Bill. The stated aim of the Bill is to “to upgrade workers’ rights across the UK, tackle poor working conditions and benefit businesses and workers alike”.
This blog examines what the Employment Rights Bill includes and explains how it offers the opportunity to take a step forward in better protecting employment rights and improve economic, social and cultural rights protection across the UK.
The right to just and favourable conditions of work are protected by the International Covenant on Economic, Social and Cultural Rights, which the UK has ratified. These everyday human rights ensure people can earn a living to support themselves and their family, in safe and healthy circumstances, and be treated fairly and free from discrimination. When this does not happen, for example when people are not paid what they are owed, or sacked unfairly, then it is important that they can raise a complaint and seek a remedy for the situation.
The new Employment Rights Bill seeks to address areas where these rights have not been adequately protected, leading to exploitative work practices.
What the Bill includes
The Bill is extensive, running to 150 pages, and covers many areas of work rights including:
- Regulation of zero hours contracts and the right to request guaranteed hours
- Greater protection from unfair dismissal
- Improved statutory sick pay provision
- Parental and paternity leave enhancement
- Provisions relating to bereavement leave
- Measures intended to address fire and rehire practices
- Increased protection from harassment
- A power to establish an Adult Social Care Negotiating Body
- Proposals intended to provide trade unions with access to workplaces
- Measures aimed at improving enforcement
The UK Government has also published an accompanying document, Next Steps to Make Work Pay, which explains that this is part of a process it intends to follow to improve the rights of working people across the UK. Many of the provisions in the Bill will require additional work and, in some instances, further legislation to provide the full details to put the rights into practice.
Incorporating everyday rights
As the Bill passes through the process of becoming law there will be key moments for UK Parliamentarians, along with trade unions and civil society organisations, to participate in consultation and scrutiny exercises. Engagement with those processes is vital for ensuring that the new frameworks put in place properly incorporate the right to just and favourable conditions at work, turning the right into a reality for working people. This in turn will ensure that the UK fulfils its international obligations under the International Covenant on Economic, Social and Cultural Rights, in addition to relevant International Labour Organisation standards and the European Social Charter.
The Bill therefore presents a significant opportunity to take a step forward to securing better protected rights for more people. Better protected work rights will also have consequential effects for the enjoyment of other everyday rights such as the right to social security, the right to an adequate standard of living and the right to health.
However, the true test of rights protection is not the existence of rights on paper alone, but how rights are transformed into reality and experienced by us all in our everyday lives.
Just Fair’s 5 principles for economic, social and cultural rights justice highlight that rights must be underpinned by solid rights-based foundations so that they are enjoyed as a reality.
We will continue to monitor the Employment Rights Bill as it progresses and encourage involvement in related work.
Background image by Luka Seme for Fine Acts
