The Small Business, Enterprise and Employment Bill has been published in the last week. It contains several key matters involving employment law.
New systems for enforcing tribunal awards: an ‘enforcement officer’ will give a 28-day warning notice if a tribunal award remains unpaid. If the monies are not then paid by the Respondent, a ‘penalty notice’ will be issued. The penalty is 50% of the outstanding amount, subject to a minimum of £100 and a maximum of £5,000. If this is paid within 14 days, the penalty is reduced by 50%. The penalty is paid to the Treasury and not the Claimant.
Zero-Hours Contracts: the Bill provides a definition of a zero-hour contract, and renders any clause which tries to stop a worker working for somebody else void.
Postponement of Tribunal Hearings: the bill allows for the power to limit the number of postponements available to a party and an obligation on the tribunal to consider making a costs award if the postponement application is a late one.
Whistleblowing: a framework requiring prescribed persons under the whistleblowing legislation, to publish details of disclosures made to them, is included.
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Employment Associate Paul Burton says, “By far the most interesting change in the Bill is that concerning zero-hours contracts. This has been highlighted in the national news in the last couple of weeks, but the exact detail on how the changes will work, is yet to be provided.” There have already been arguments by senior barristers that footballers, who technically are not guaranteed work and therefore could be classed as working under zero-hours contracts, will be able to freely play for other teams under the new rules! This is surely not what is intended by the changes and there will be clarifications made going forward.
At Frettens, all of our solicitors offer a free initial meeting or chat on the phone to answer your questions. If this article raises issues for you or your business, please call us on 01202 499255 and Kate or Paul will be happy to discuss it with you.
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