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Since 2010, the UK has experienced lower
unemployment rates across every region,
underpinned by a strong and innovative
labour market.
Britain now finds itself in a strong position to
benefit from the new industrial revolution, as
existing employment laws and policies have
found a balance between flexibility and worker
protections.
OUT WITH THE OLD, IN WITH THE NEW
The government unveiled its Good Work Plan in
December 2018 as a carefully detailed strategy
to strengthen worker’s rights and improve
employment laws.
Labelled as ‘the biggest package of workplace
reforms for over 20 years’, the plan builds on the
Taylor Review recommendations of February 2018
and outlines an intention to improve conditions for
agency, zero-hour and other atypical workers.
REQUESTING STABLE CONTRACTS
One of the main issues addressed is ‘one-sided
flexibility’, which recognises some businesses
have transferred too much business risk to the
individual.
New legislation will give workers the right to
request a more stable contract, allowing them to
benefit from flexible working.
Those happy to work varied hours each week can
do so, but others will be allowed to request a fixed
working pattern a er 26 weeks of service.
For those working zero-hour contracts, this
change will enable them to request a contract that
guarantees a minimum number of weekly hours.
REPEALING SWEDISH DEROGATION
The Good Work Plan also addresses Swedish
derogation, which currently allows agency workers
to exchange their right to be paid equally to
permanent counterparts in return for a contract
guaranteeing pay between assignments.
Although the intentions of Swedish derogation
were to o er reassurance that individuals would
still earn during quieter periods, some employers
have been using this opt-out to reduce their pay bill.
The government aims to repeal Swedish
derogation with new legislation, banning the use of
this type of contract to withhold equal pay rights.
TOUGHER ENFORCEMENT MEASURES
In order to create a level playing field between
businesses, there needs to be e ective
enforcement.
The government plans to extend state
enforcement for vulnerable workers, introducing
tough financial penalties – an approach that
already applies to underpayment of the National
Minimum Wage.
This involves increasing enforcement protections
for agency workers where they have pay withheld
or unclear deductions made, while new legislation
will increase the maximum penalty imposed during
tribunals.
OTHER EMPLOYMENT DEVELOPMENTS
While the Good Work Plan looks set to bring about
some wholesale changes to employment law and
workers’ rights, there have been other broader
developments in 2019.
In April, new legislation under the Employment
Rights Act 1996 came into force, introducing a right
for all workers to be provided with an itemised pay
statement.
On the same day, other legislation required
itemised payslips to contain the number of hours
paid if a worker is paid hourly.
PREPARING FOR THE FUTURE
With the arrival of the Good Work Plan, it’s
important that organisations take the time to
review the proposed changes, understanding the
requirements outlined in the legislation.
If you’re unsure about the developments, it’s
important to consult a legal team with significant
experience of employment law and the imminent
changes.
GOOD WORK Tina Chander a partner and Head of the Employment team at Wright
Hassall on the Government’s plans to increase workers’ rights with the
introduction of the Good Work Plan
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