27BA

(1) Any variation to an employment contract is void if it—

(a) was obtained under the threat of dismissal, and

(b) is less favourable to the employee than the pre-existing provision, unless the employer has complied with all its obligations under, and arising from, sections 187A to 187G of the Trade Union and Labour Relations (Consolidation) Act 1992 in relation to any person employed under the contract.

(2) In subsection (1)(b), the definition of “less favourable” shall be determined by the perception of a reasonable employee in the position of the affected employee.

27BB Unilateral variation of employment contracts

(1) Any provision in an agreement (whether an employment contract or not) is void in so far as it purports to permit the employer to vary unilaterally one or more terms within an employment contract where the variation is less favourable to the employee that the pre-existing provision.

(2) In subsection (1), the definition of “less favourable” shall be determined by the perception of a reasonable employee in the position of the affected employee.

(3) In Chapter I (right not to be unfairly dismissed), after section 104G insert—

(3) In Chapter I (right not to be unfairly dismissed), after section 104G insert—

“104H Refusal of variation of contractual terms

(1) In relation to an employee who claims to have been unfairly dismissed in circumstances in which the reason (or, if more than one, the principal reason) for the dismissal is that the employee has refused to agree to a variation of contractual terms—

(a) section 98(1)(b) shall not apply save that it shall be for the employer to show that the reason for the dismissal fell within section 98(2);

(b) section 108(1) shall not apply.

104I Matters for consultation under section 187C of the Trade Union and Labour Relations (Consolidation) Act 1992

(2) An employee who is dismissed shall be regarded for the purposes of this Part as unfairly dismissed if—

(a) the Central Arbitration Committee has made a declaration under section 187C of the Trade Union and Labour Relations (Consolidation) Act 1992 in respect of the employer and employee, and the employer has not complied with the steps in that declaration, or

(b) the employer has failed, in respect of the employee, to comply with a provision of a collective agreement applicable to a matter for consultation under section 187A of the Trade Union and Labour Relations (Consolidation) Act 1992.”

(4) In section 116 (unfair dismissal: choice of order and its terms), after subsection (3) insert—

“(3A) If an employee has been unfairly dismissed and the reason (or, if more than one, the principal reason) the dismissal is unfair is one specified under section 104H or 104I, the tribunal may only find that it is not practicable for—

(a) the employer to comply with an order for reinstatement under subsection (1)(b), or

(b) the employer (or a successor or an associated employer) to comply with an order for re-engagement if the employer (or if appropriate a successor or an associated employer) would be likely to become insolvent within three months if such an order was made.”

(5) In section 128(1)(a)(i) (interim relief pending determination of complaint), for “or 103A” substitute “103A, 104H or 104I”.

(6) In section 129(1)(a)(i) (procedure on hearing of application and making of order), for “or 103A” substitute “103A, 104H or 104I”.”

New clause 71—Review of Statutory Sick Pay costs—

“(1) Within three months of the passage of this Act, the Secretary of State must consult on how the Government can best support small employers with Statutory Sick Pay costs.

(2) The consultation under subsection (1) must consider the economic effects of increasing Statutory Sick Pay for small employers with 250 employees or less, including the effects on—

(a) productivity;

(b) long-term illness;

(c) benefit spending; and

(d) economic growth & tax revenue.

(3) Following a consultation under subsection (2), within twelve months of commencing the consultation, the Secretary of State must report to Parliament on actions taken to implement the findings of the report of the consultation.”

This new clause would require the Government to consult on how best to support small employers with statutory sick pay costs while taking into account the wider economic effects of increasing it.

New clause 72—Duty on employers to investigate protected disclosures—

“(1) Part 4A of the Employment Rights Act 1996 (protected disclosures) is amended in accordance with subsections (2) to (4).

(2) In section 43C (Disclosure to employer or other responsible person), after subsection (2) insert―

“(3) Employers must take reasonable steps to investigate any disclosure made to them under this section.

(4) Employers with―

(a) 50 or more employees;

(b) an annual business turnover or annual balance sheet total of £10 million or more;

(c) operations in financial services; or

(d) vulnerabilities in other respects to money laundering or terrorist financing,

must establish internal channels and procedures for reporting and managing qualifying disclosures.

(5) The calculation of the number of employees under subsection (4)(a) includes employees of all franchises, subsidiaries and associated employers as defined under section 231 of this Act.

(6) The Secretary of State must, within six months of the commencement of this provision, set out in statutory guidance what “reasonable steps” under subsection (3) should include.”

(3) In section 48 (Complaints to employment tribunals), after subsection (1B), insert―

“(1C) A worker may present a complaint to an employment tribunal that the worker’s employer has failed to comply with the duty in section 43C (Duty to investigate protected disclosures).”

(4) In section 49 (Remedies), after subsection (1A), insert―

“(1B) Where an employment tribunal is satisfied that an employer has contravened the duty set out in section 43C (duty to investigate), the tribunal―

(a) shall make a declaration to that effect, and

(b) may make an award of compensation to be paid by the employer to the complainant in respect of the failure and may increase any award payable to the complainant by no more than 25%.””

This new clause would create a duty on employers to investigate whistleblowing concerns, to establish internal channels for reporting and managing whistleblower disclosures, and enable tribunal claims with respect to contravention of those duties.

New clause 73—Hourly statutory sick pay—

“(1) Part 11 of the Social Security Contributions and Benefits Act 1992 (statutory sick pay) is amended as follows.

(2) After section 151 (Employer’s liability), insert—

“151A Hourly statutory sick pay

(1) Where an employee has an hour of incapacity for work in relation to his contract of service with an employer, that employer shall, if the conditions set out in sections 153 and 154 are satisfied, be liable to make him, in accordance with the following provisions of this Part of this Act, a payment (to be known as “hourly statutory sick pay”) in respect of that hour.

(2) For the purposes of this section an hour of incapacity for work in relation to a contract of service means an hour during which the employee concerned is, or is deemed in accordance with regulations to be, incapable by reason of some specific disease or bodily or mental disablement of doing work which he can reasonably be expected to do under that contract.

(3) The Secretary of State must by regulations make any amendment to this Part that is necessary to enable the operation of a system of hourly statutory sick pay.””

This new clause introduces a new defined term “hourly statutory sick pay”, enabling pro rata payment of statutory sick pay by the hour. This will give employers greater flexibility in SSP payment, which can currently only be paid in whole days.

New clause 74—Non-disclosure agreements: harassment—

“(1) The Secretary of State must, within six months of the passing of this Act, make changes by regulation to ensure that an agreement to which this section applies is void insofar as it purports to preclude the worker from making a relevant disclosure.

(2) This section applies to any agreement between a worker and the worker's employer (whether a worker’s contract or not), including—

(a) any proceedings for breach of contract;

(b) a non-disclosure agreement; or

(c) a non-disparagement agreement.

(3) Regulations made under this section―

(a) must not prevent a worker from being granted confidentiality protections associated with a settlement agreement, if those protections are made at the worker’s request; and

(b) must replicate or enhance the protections offered to workers by section 1 of the Higher Education (Freedom of Speech) Act 2023, with respect to non-disclosure agreements and harassment, but must apply those protections to all workers.

(4) For the purposes of this section—

(a) “relevant disclosure” means any disclosure of information which, in the reasonable belief of the worker making the disclosure, shows that harassment has been committed, is being committed or is likely to be committed, by a fellow worker or a client of the employer;

(b) “harassment” means any act of harassment as defined by section 26 of the Equality Act 2010.”

This new clause would require the Secretary of State to make regulations to void any non-disclosure agreement insofar as it prevents the worker from making a disclosure about harassment (including sexual harassment), with relevant exceptions at the worker’s request.

New clause 75—Statutory sick pay: consultation on rate—

“(1) Within three months of the passage of this Act, the Secretary of State must consult on the rate of Statutory Sick Pay.

(2) A consultation under subsection (1) must conclude within six months of its commencement.

(3) A consultation under subsection (1) must consider―

(a) the rate at which Statutory Sick Pay should be set to ensure that employees are able to—

(i) cover their basic needs without falling into negative budgets;

(ii) recover from an illness; and

(iii) remain in work while managing their disability or long-term health condition;

(b) how best to phase in increases to Statutory Sick Pay over a five year period;

(c) the support that the Government could offer small businesses for longer-term absences or to improve the health of their workforce; and

(d) the support that the Government could offer to encourage better insurance protections for businesses to manage staff absences.”

This new clause would require the Secretary of State to hold a consultation on the rate of Statutory Sick Pay.

New clause 76—Statutory sick pay: gradual increases—

“(1) The Secretary of State must, within six months of the passage of this Act, commence a five year period of annual increases to the rate of Statutory Sick Pay.

(2) At the end of the five year period under subsection (1), the rate of Statutory Sick Pay must be no less than 80% of the National Living Wage.

(3) The annual increases under subsection (1) must be incremental, with each annual increase representing at least 10% of the overall increase required over the five year period.”

This new clause would gradually increase the rate of Statutory Sick Pay over the next five years, taking it to at least 80% of rate of the National Living Wage.

New clause 78—Access to employment rights: workers on temporary visas—

“(1) The Secretary of State must, within six months of this Act being passed, commission an independent report on the extent to which workers on temporary visas are able to assert their rights under employment law.

(2) In commissioning the report, the Secretary of State must arrange for the report to meet the requirements set out in subsections (3) to (5).

(3) The report must examine the extent to which workers on temporary visas feel unable to assert their employment rights because they are dependent on their employers to sponsor their visas.

(4) The report must make recommendations to the Secretary of State about how the Secretary of State can support workers on temporary visas in the assertion of their employment rights.

(5) The report must be completed within three months of being commissioned.

(6) The Secretary of State must, as soon as is practicable after receipt of the report, publish the report and lay it before both Houses of Parliament.

(7) The Secretary of State must, within three months of receipt of the report—

(a) respond to the recommendations in the report, and

(b) publish the response and lay it before both Houses of Parliament.”

This new clause would require the Secretary of State to commission a report ensuring that workers on temporary visas are able to assert their rights under employment law in order to prevent abusive practices.

New clause 79—Duty to prevent and monitor sexual harassment in the workplace—

“(1) Section 2 of the Health and Safety at Work etc. Act 1974 is amended as follows.

(2) After subsection (2)(e) insert—

“(f) the adoption of proactive and preventative measures to protect all persons working in their workplace from sexual harassment; and

(g) the monitoring of sexual harassment in the workplace.”

This new clause would require the Health and Safety Executive to prevent and monitor sexual harassment in the workplace.

New clause 80—Single status of worker: review—

“(1) The Secretary of State must conduct a review of Government policy on the single status of worker, and how it affects the ability to access the rights provided for by this Act.

(2) The review must be published and laid before Parliament within six months of this section coming into force.”

This new clause calls on the Secretary of State to review the Government’s policy on the single status of workers within 6 months of this section coming into force.

New clause 81—Modern slavery in UK workplaces: review—

“(1) The Secretary of State must conduct a review of—

(a) the extent to which employees in UK workplaces are subject to modern slavery as a result of the actions of their employer, and

(b) the effectiveness of employment rights in preventing modern slavery in UK workplaces.

(2) The review must be published and laid before Parliament within six months of this section coming into force.”

This new clause asks the Secretary of State to conduct a review of modern slavery to ensure that the employment rights granted in the Act are effective in preventing modern slavery.

New clause 83—Impact on employment tribunals: sections 1 to 6—

“(1) The Secretary of State must conduct a review of—

(a) the impact of sections 1 to 6 on the operation of employment tribunals, and

(b) the ability of employment tribunals to manage any increase in applications resulting from those sections.

(2) The Secretary of State must lay the review made under subsection (1) and the Government’s response to the review before Parliament.”

This new clause would require the Secretary of State to conduct a review of the impact on the employment tribunals of the Bill’s provisions on zero hours workers.

New clause 84—Consultation and assessment on the right to request flexible working—

“(1) The Secretary of State must carry out an assessment of the likely impact of the right to request flexible working provided for in section 7 of this Act.

(2) As part of the assessment, the Secretary of State must carry out a consultation on the proposed right to request flexible working.

(3) The assessment must—

(a) include labour market and broader macroeconomic analysis;

(b) examine the impact of the measures in section 7 on employment, wages and economic output;

(c) consider the likelihood of the costs of flexible working measures being passed on to employees through lower wages; and

(d) examine the likely effect of the right to request flexible working on—

(i) productivity

(ii) wage growth

(iii) equality of opportunity

(iv) job security

(v) economic activity, and

(vi) employment.

(4) A report setting out the findings of the assessment must be laid before each House of Parliament no sooner than 18 weeks after the consultation has been initiated.”

This new clause requires the Secretary of State to assess the impact of the provisions of Clause 7.

New clause 85—Employer duties on harassment: impact assessment—

“(1) The Secretary of State must carry out an assessment of the likely impact of section 18 of this Act on employers.

(2) The assessment must—

(a) report on the extent to which the prevalence of third-party harassment makes the case for the measures in section 18;

(b) include an assessment of the impact of section 18 on free speech;

(c) include an assessment of the likely costs to employers of section 18;

(d) include—

(i) an assessment of which occupations might be at particular risk of third-party harassment through no fault of the employer, and

(ii) proposals for mitigations that can be put in place for employers employing people in such occupations.

(3) The Secretary of State must lay a report setting out the findings of the assessment before each House of Parliament.”

This new clause requires the Secretary of State to assess the impact of the provisions in Clauses 18.

New clause 86—Unfair dismissal: impact assessment—

“(1) The Secretary of State must carry out an assessment of the likely impact of section 21 and Schedule 2 of this Act on—

(a) employers, and

(b) the economy.

(2) The assessment must—

(a) include labour market and broader macroeconomic analysis;

(b) examine the impact of the measures in section 21 and Schedule 2 of this Act on employment, wages and economic output;

(c) consider the likelihood the dismissal measures leading to lower employment, and greater use of temporary contracts; and

(d) examine the likely effect of section 21 and Schedule 2 of this Act on—

(i) productivity

(ii) wage growth

(iii) equality of opportunity

(iv) job security

(v) economic activity, and

(vi) employment, including levels of youth employment.

(3) The Secretary of State must lay a report setting out the findings of the assessment before each House of Parliament.”

This new clause requires the Secretary of State to assess the impact of the provisions of Clause 21 and Schedule 2.

New clause 87—Regulations under Part 1 and 2—

“When making regulations under Parts 1 and 2 of this Act, the Secretary of State must have regard to the following objectives—

(a) the international competitiveness of the economy of the United Kingdom; and

(b) the economic growth of the United Kingdom in the medium to long term.”

This new clause would require the Secretary of State, when making regulations under Part 1 and 2 of the Bill, to have regard to the objective of the international competitiveness of the economy and its growth in the medium to long term.

New clause 91—Use of positive action in the workplace—

“(1) In this section—

(a) “P” is a public sector worker who reasonably thinks that the application by P’s employer, in relation to P’s employment or a working practice, of sections 158 and 159 of the Equality Act 2010 has caused or risks causing detriment to P; and

(b) “R” is P’s public sector employer; and

(c) P reasonably thinks that R is responsible for the detriment in subsection (1)(a).

(2) A Minister of the Crown must by regulations make provision for—

(a) forms through which P may anonymously question R on any matter relevant to subsection (1);

(b) forms through which R may answer questions by P; and

(c) such forms to be made publicly available.

(3) Within six months of the passing of this Act and every three months thereafter, R must publish a report to set out―

(a) the number of forms received under subsection (2), and

(b) a summary of the nature of the complaints to which they relate.

(4) A Minister of the Crown may by regulations require R to report on the use of sections 158 and 159 of the Equality Act.

(5) This section does not apply to activities undertaken by R under paragraph 1 of Schedule 9 of the Equality Act.”

New clause 92—Rolled-up holiday pay for irregular hours workers and part-year workers—

“In the Working Time Regulations 1998, omit regulation 16A (Rolled-up holiday pay for irregular hours workers and part-year workers).”

This new clause would remove regulation 16A from the Working Time Regulations, which gives employers the ability to pay irregular hours workers and part-year workers their holiday pay by way of ‘rolled-up pay’, i.e. an uplift to their weekly or monthly pay.

New clause 93—Working Time Regulations 1998: records—

“In Regulation 9 (Records) of the Working Time Regulations 1998, omit paragraphs (2) and (3) and substitute—

“(2) The records referred to in paragraph (1)(a) must be created, maintained and kept in such manner and format as the Secretary of State may prescribe.””

This new clause would remove the discretion given to employers in 2023 to keep records in any form they choose (or not at all) in relation to each worker’s daily working hours.

New clause 94—Annual report on application of changes to employment rights to seafarers—

“(1) The Secretary of State must lay before each House of Parliament an annual report on the extent to which the relevant employment rights changes made by this Act apply to seafarers.

(2) Each annual report must describe—

(a) so far as appropriate, whether each relevant employment rights change applies or is intended to apply at the time of its commencement to seafarers on a relevant service within the meaning given by section 1 of the Seafarers (Wages and Working Conditions) Act 2023;

(b) any proposals by the Secretary of State to apply any relevant employment rights change to such seafarers subsequent to commencement;

(c) the extent to which the application of changes to employment rights to seafarers is affected by any change or prospective change to the Maritime Labour Convention, adopted on 23 February 2006 by the International Labour Organisation.

(3) The first annual report under this section must be laid before each House of Parliament within three months of the passing of this Act.

(4) In this section, “relevant employment rights changes made by this Act” means the provisions of—

(a) Part 1 of this Act,

(b) sections 25, 28 and 29.”

This new clause requires the Secretary of State to produce an annual report on the application of employment rights provisions to seafarers.

New clause 95—Annual report on provisions relating to seafarers—

“(1) The Secretary of State must lay before each House of Parliament an annual report on the extent to which the provisions of sections 26, 47 and 48 of, and Schedule 3 to, this Act improve the working conditions and employment rights of seafarers.

(2) The first annual report under this section must be laid before each House of Parliament within three months of the passing of this Act.”

New clause 97—Rights of employer and employee to minimum notice—

“(1) Section 86 of the Employment Rights Act 1996 (Rights of employer and employee to minimum notice) is amended as follows.

(2) In subsection (1)—

(a) omit “for one month or more”;

(b) for both instances of “one week’s notice”, substitute “one month’s notice”; and

(c) for “twelve weeks’ notice”, substitute “twelve months’ notice”.”

This new clause would change the minimum notice period for termination of contract to a day one right, and would increase the notice period to: one month for an employee who has been employed for up to twelve years; and twelve months for an employee who has been employed for over twelve years.

New clause 101—Duty to establish a regulatory body for foster carers—

“(1) The Secretary of State must, within six months of the passing of this Act, make a report to Parliament on progress made to date on establishing a regulatory body for the employment rights and remuneration of foster carers.

(2) Any regulatory body established pursuant to the Secretary of State’s activities under subsection (1) must include—

(a) representatives of employers and foster care workers;

(b) independent members; and

(c) representatives of individuals with lived experience in foster care; and

(3) A regulatory body established pursuant to subsection (1) must consider—

(a) the establishment of a central registration system for foster carers;

(b) the expansion of employment rights for foster carers;

(c) remuneration rates for foster caring; and

(d) any other matters which the Secretary of State deems appropriate.”

This new clause would require the Secretary of State to establish a regulatory body for foster carers for the purposes of consideration the remuneration and the expansion of employment rights for foster carers.

New clause 102—Statutory sick pay: report to Parliament—

“(1) The Secretary of State has a duty to ensure that any regulations made under section 157 (rates of payment) of the Social Security Contributions and Benefits Act 1992 do not result in an employee receiving a lower rate of statutory sick pay than the employee would have received prior to the passing of this Act.

(2) Within three months of the passing of this Act, the Secretary of State must report to Parliament on how the prescribed percentage of weekly earnings specified in section 9 of this Act will ensure that all employees receive an increase to their eligible rate of statutory sick pay.”

This new clause would ensure that the Bill’s changes to statutory sick pay do not result in any employees receiving a reduced rate, compared with current rates.

New clause 105—Substitution clauses: duties of company directors—

“(1) The director of a relevant company has a duty to ensure that the company keeps a register of all dependent contractors.

(2) The director must supply details of the register under subsection (1) with the Secretary of State within 12 months of the passing of this Act and every 12 months thereafter, subject to the provisions of the Data Protection Act 2018.

(3) The Secretary of State may by regulations make provision about what information must be supplied in the register of dependant contractors.

(4) For the purposes of this section―

(a) a “relevant company” is a company that―

(i) provides services in relation to postal and courier activities, food and beverage service activities or taxi operation;

(ii) has more than 250 employees in the UK and overseas; and

(iii) includes provision within the company’s contracts with contractors which allow the contractor to send another qualified person (a "substitute") to complete the work in the contractor’s place if the contractor is unable to complete the work;

(b) a “director” includes any person occupying the position of director, by whatever name called; and

(c) “dependent contractor” means a person who—

(i) performs work or services for the relevant company;

(ii) is paid according to tasks performed rather than hours of work;

(iii) depends partially or primarily on the relevant company for employment and income;

(iv) is not required to perform services for the relevant company; and

(v) is not specified as an employee or worker for the relevant company within a statement of employment particulars or a contract of employment.”

This new clause requires certain company directors to keep a register of the people carrying out work for the company under so-called ‘substitution clauses’, which allow companies to permit their suppliers – including some delivery couriers – to appoint a substitute to supply services on their behalf.

Amendment 275, in clause 1, page 2, line 30, leave out from “period” to the end of line 32.

This amendment aims to take out reference to low hours.

Amendment 276, page 2, leave out lines 36 and 37.

This amendment is linked to amendment 275.

Government amendment 8.

Amendment 277, page 3, line 20 leave out “with the specified day” and insert “12 weeks after the commencement”.

This amendment proposes that the reference period for offering guaranteed hours to workers previously on a zero-hours contract be 12 weeks.

Government amendment 9.

Amendment 264, page 3, line 39, at end insert—

“(11) In this section an agency worker is a qualifying worker”.

Government amendments 10 to 15.

Amendment 265, page 5, line 4, leave out from “event” to the end of line 7.

Government amendment 16.

Amendment 266, page 5, line 14, leave out from “contract” to “, and” in line 15.

Government amendment 17.

Amendment 267, page 5, line 25, leave out lines 25 to 42.

Government amendment 18.

Amendment 328, page 8, leave out lines 10 and 11.

Amendment 269, page 11, line 24, at end insert—

“(c) the length of the response period which shall not be less than one week.”

Government amendments 19 to 28.

Amendment 278, in clause 2, page 16, line 22, leave out “a specified amount of time” and insert “2 weeks and ideally one month”.

This amendment, and amendments 279 to 281, aim to set time limits for workers to be given notice of shifts, when shifts are moved and when compensation should be paid.

Government amendment 29.

Amendment 279, page 17, line 16, leave out “a specified amount of time” and insert “2 weeks and ideally one month”.

This amendment is linked to amendment 278.

Government amendments 30 to 37.

Amendment 280, in clause 3, page 21, line 29, at end insert “provided that the notice is at least 10 days in advance of the original planned shift”.

This amendment is linked to amendment 278.

Amendment 281, page 21, line 39, leave out “a specified amount of time” and insert “a week”.

This amendment is linked to amendment 278.

Government amendments 38 to 50 and 79.

Amendment 7, in clause 9, page 29, leave out from line 34 to line 3 on page 30 and insert—

“(1) The weekly rate of statutory sick pay that an employer must pay to an employee is the higher of—

(a) the National Living Wage; or

(b) the prescribed percentage of the employee’s normal weekly earnings.

(1A) For the purposes of subsection (1)(a), the “National Living Wage” is defined in accordance with regulation 4 of the National Minimum Wage Regulations 2015.”

This amendment brings the rate of Statutory Sick Pay into line with the National Living Wage.

Amendment 272, page 29, leave out from line 34 to line 3 on page 30 and insert—

“The weekly rate of statutory sick pay that an employer must pay to an employee is the higher of—

(a) £116.75; and

(b) 65% of the employee’s normal weekly earnings.”

This amendment would make the rate of statutory sick pay 65% of an employee’s earnings or £116.75 a week, whichever is higher.

Government amendments 80 to 85.

Amendment 1, in clause 16, page 33, line 8, at end insert—

“( ) after subsection (2) insert—

“(2A) The conditions specified under subsection (2) must be framed so as to ensure that a “bereaved person” includes those bereaved by pregnancy loss.

(2B) In subsection (2A) “pregnancy loss” includes—

(a) a pregnancy that that ends as a result of—

(i) a miscarriage;

(ii) an ectopic pregnancy;

(iii) a molar pregnancy;

(iv) a medical termination conducted in accordance with section 1 of the Abortion Act 1967;

(b) an unsuccessful attempt at in vitro fertilisation due to embryo transfer loss.””

This amendment requires that any regulations made under section 80EA of the Employment Rights Act 1996 (as amended by the Bill) must include conditions framed by reference to those bereaved by pregnancy loss.

Amendment 2, page 33, line 11, at end insert—

“( ) in subsection (5), after “child” insert “or as a result of pregnancy loss.”

This amendment amends section 80EA(5) of the Employment Rights Act 1996 to ensure that the two week leave period is made available to those bereaved as a result of pregnancy loss.

Amendment 3, page 34, line 8, at end insert—

“( ) In section 171ZZ6 of the Social Security Contributions and Benefits Act 1992 (entitlement to statutory pregnancy loss pay), after subsection (3) insert—

“(3A) The conditions specified under subsection (2) must be framed so as to ensure that a “bereaved parent” includes those bereaved by pregnancy loss.

(3B) In subsection (3A) “pregnancy loss” includes—

(a) a pregnancy that that ends as a result of—

(i) a miscarriage;

(ii) an ectopic pregnancy;

(iii) a molar pregnancy;

(iv) a medical termination conducted in accordance with section 1 of the Abortion Act 1967;

(b) an unsuccessful attempt at in vitro fertilisation due to embryo transfer loss.””

This amendment amends the Social Security Contributions and Benefits Act 1992 to ensure that the entitlement to statutory pregnancy loss pay extends to those bereaved by pregnancy loss.

Amendment 288, page 34, line 32, leave out clause 18.

Amendment 289, in clause 18, page 35, line 7, at end insert—

“(1D) Subsection (1A) does not apply to the hospitality sector or to sports venues.”

This amendment would exclude hospitality providers and sports venues from the Bill’s duties for employers not to permit harassment of their employees.

Amendment 287, page 36, line 10, leave out clause 21.

Government amendments 86 to 89.

Amendment 329, in clause 24, page 37, line 30, at end insert―

“(3A) For the purposes of this section, any provision in an agreement (whether a contract of employment or not) is void in so far as it purports to confer on the employer or a third party the power to vary, unilaterally, the terms of the agreement.”

This amendment would render void, for the purposes of a case of unfair dismissal in relation to failing to agree to a variation of contract, any provision enabling an employer to vary a contract unilaterally.

Government amendment 90.

Amendment 316, in clause 25, page 39, line 8, omit subsection (2)(a) and insert—

“(a) in subsection (1), omit “at one establishment” and insert “or more than 10% of the employer’s employees, whichever is the smaller number,”;”

This amendment would require an employer to consult with representatives of affected employees when proposing to dismiss as redundant 20 or more employees or at least 10% of their employees, whichever is the smaller number.

Amendment 317, page 39, line 9, at end insert—

“(2A) After section 189 (complaint and protective award), insert—

“189A Failure to comply with section 188 or 188A

Where the employer has failed to comply with the requirements under section 188 or section 188A, any proposal to dismiss employees as redundant shall be void and of no effect.””

This amendment would increase the sanction for failing to consult with representatives of affected employees by rendering the dismissal ineffective.

Government amendment 91.

Amendment 318, page 39, line 15, at end insert—

“(3A) In section 189(4), omit “but shall not exceed 90 days””

This amendment would remove the cap on the length of a protected period for which an employer is ordered to pay remuneration in protective awards.

Government amendments 92 to 97.

Amendment 302, in clause 26, page 40, line 26, leave out “120” and insert “52”.

This amendment applies the provisions for collective redundancy notices for ships’ crew to ships providing a service entering a harbour in Great Britain on at least 52 occasions in the relevant period.

Amendment 303, page 40, line 31, leave out “10” and insert “5”.

Amendment 273, in clause 28, page 46, line 28 at end insert―

“(ii) a public authority specified in Part 3 of Schedule 19,”.

This amendment would apply this section to public authorities in Scotland.

Amendment 4, page 47, line 3, at end insert—

“(c) supporting employees who provide or arrange care for a dependant with a long-term care need, as defined by the Carer’s Leave Act 2023.”

Government amendment 98.

Amendment 330, in clause 31, page 49, line 11, leave out from "Body" to the end of subsection (2)(b) and insert—

“that person being selected by agreement between officials of the trade unions and employers’ representatives who are members of the Negotiating Body and, in the event of a failure to agree chosen by the Central Arbitration Committee.”

This amendment would require the Chair of the Negotiating Body to be appointed by agreement between trade union and employers’ representatives or the Central Arbitration Committee rather than by regulations by the Secretary of State.

Government amendments 99 and 100.

Amendment 331, page 49, line 26, leave out sub-paragraphs (i) and (ii) and paragraph (b) and insert—

“equal numbers of persons nominated by—

(i) trade unions that represent the interests of social care workers; and

(ii) employers’ associations representing the interests of employers of social care workers.”

This amendment would require the regulations to establish the Adult Social Care Negotiating Body to provide for equal numbers of trade union representatives and employers’ representatives to be appointed to the Negotiating Body.

Government amendment 101.

Amendment 332, in clause 32, page 49, line 40, leave out from “are” to the end of paragraph (b) and insert—

“matters relating to or connected with matters in Section 178(2) of the Trade Union and Labour Relations No. 332, (Consolidation) Act 1992.”

This amendment would extend the remit of the negotiating body to the list of matters for collective bargaining set out in Section 178 of the Trade Union and Labour Relations (Consolidation) Act 1992.

Government amendments 102 to 107.

Amendment 333, page 50, line 4, at end insert—

“(d) the training of social care workers;

(e) career progression of social care workers;

(f) a procedure for the resolution of disputes at employer, regional and national level which may refer a dispute to ACAS for conciliation and mediation and, if not then resolved, shall be entitled to refer the matter to the Central Arbitration Committee to resolve the dispute, the decision of the latter being binding;

(g) discipline and grievance procedures;

(h) any other matter agreed to be the subject of negotiation by the members of the Negotiating Body.”

This amendment would add additional matters to those within the Negotiating Body’s remit; namely, the training and career progression of social care workers, dispute resolution procedures and discipline and grievance procedures and other matters agreed by members of the Negotiating Body.

Government amendments 108 and 109.

Amendment 334, in clause 33, page 50, line 8, leave out from “means” to the end of subsection (1) and insert—

“an individual who, as paid work, provides social care for an adult, including an individual who, as paid work, supervises or manages individuals providing such care or is a director or similar officer of an organisation which provides such care.”

This amendment would bring the definition of social care worker in line with the definition of a “care worker” in Section 20(3) of the Criminal Justice and Courts Act 2015.

Government amendments 110 to 114.

Amendment 335, in clause 34, page 50, line 23, leave out subsections (1), (2) and (3) and insert—

“The Secretary of State may by regulations make provision requiring the Negotiating Body, if it reaches an agreement about a matter within its remit, to submit the agreement to the Secretary of State.”

This amendment would remove almost all of Section 34 on the consideration of matters by the Negotiating Body, retaining the power in the regulations that agreements on matters by the Negotiating Body be referred to the Secretary of State.

Government amendments 115 to 126.

Amendment 336, in clause 35, page 51, line 22, leave out paragraphs (c) to (f).

This amendment removes the provisions about what happens where an agreement is referred back to the Negotiating Body in paragraphs (c) to (f) of Section 35(3).

Government amendments 127 to 129.

Amendment 337, page 51, line 36, leave out clause 36.

This amendment would remove Clause 36 on cases where the Negotiating Body is unable to reach an agreement about a matter

Government amendments 130 to 138.

Amendment 338, in clause 38, page 52, line 17, leave out from “remuneration” to the end of line 18 and insert—

“the worker’s remuneration is to be no less than that determined and paid in accordance with the agreement.”

This amendment relates to an agreement on a social care worker’s remuneration and is in line with sectoral collective bargaining by which a local agreement can be more but not less favourable than the national agreement.

Government amendments 139 and 140.

Amendment 339, page 52, line 25, leave out clause 39.

This amendment would remove Clause 39 on the power of the Secretary of State to deal with matters referred to the Negotiating Body.

Government amendments 141 to 153.

Amendment 340, page 55, line 16, leave out clause 45.

This amendment would remove Clause 45 which prevents agreements reached by the Negotiating Body being regarded as collective bargaining.

Government amendments 154 to 161.

Government new schedule 1—Agency workers: guaranteed hours and rights relating to shifts.

Government amendments 51 to 78 and 240.

Amendment 324, in schedule 2, page 127, line 14, at end insert—

“(1A) In section 98 of Part 10, in subsection (4)(b), at end insert “in the view of the employment tribunal”.”

This amendment would focus the determination of the question on whether a dismissal is fair or unfair on the judgment of the employment tribunal.

Amendment 325, page 127, line 14, at end insert—

“(1A) In section 98 of Part 10, in subsection (4), at end insert—

“(c) the tribunal shall take into account, in accordance with the rules of natural justice, whether or not there has been a fair investigation and a fair appeal.””

This amendment requires the employment tribunal to have regard to the rules of natural justice when determining whether or not a dismissal is fair.

Amendment 327, page 127, line 14, at end insert—

“(1A) In section 98, in subsection (1)(b) after “reason” insert “relating to the employee””

Amendment 5, page 127, line 37, leave out from “period” to the end of line 38 and insert—

“of not less than 3 months and not more than 9 months from the day on which the employee starts work.”

This amendment will ensure that the initial period of employment is between 3 and 9 months.

Amendment 326, page 127, line 38, at end insert—

“(4A) The initial period of employment specified in, or determined in accordance with the regulations shall in relation to a contract for a fixed or reasonably ascertainable term not be longer than ten percent of the duration of that term.”

Government amendment 241.

Amendment 319, page 129, line 29, at end insert—

“(5A) In section 139 (Redundancy), after subsection (1)(b) insert—

“(c) the fact that the requirements of that business—

(i) for employees with their existing contractual entitlements to carry out work of a particular kind, or

(ii) for employees with their existing contractual entitlements to carry out work of a particular kind in the place where the employee was employed by the employer,

have ceased or diminished.””

This amendment would provide for workers dismissed by a process of fire and rehire to reduce wages or other terms and conditions to be treated as redundant.

Amendment 320, page 129, line 29, at end insert—

“(5A) Omit section 155 (Qualifying period of employment).”

This amendment removes the qualifying period of two years of continuous employment for the right to a redundancy payment.

Amendment 321, page 129, line 29, at end insert—

“(5A) In section 162 (Amount of a redundancy payment), in subsection (2), for every reference to “week”, substitute “month”.”

This amendment would increase the calculation of the appropriate amount of redundancy pay for each specified period of employment.

Amendment 322, page 129, line 29, at end insert—

“(5A) In section 162 (Amount of a redundancy payment), omit subsection (3).”

This amendment would remove the 20-year cap on entitlement to a redundancy payment.

Amendment 323, page 129, line 29, at end insert—

“(5A) In section 162 (Amount of a redundancy payment), after subsection (3) insert—

“(4) For the purposes of this section, “year of employment” means “year of employment or part year of employment”.”

This amendment clarifies that, when redundancy pay is calculated, each part year worked is treated as a full year of employment.

Government amendments 242 and 243.

Amendment 343, in schedule 3, page 131, leave out lines 13 to 29.

This amendment would remove section 148B from Schedule 3 relating to matters within the remit of the School Support Staff Negotiating Body.

Amendment 290, page 131, leave out from the beginning of line 14 to the end of line 29 and insert—

“(1) In the case of staff employed under section 148C, matters within the SSNB’s remit are limited to the establishment of a framework to which employers of school support staff must have regard when discharging their functions.

(2) A framework under subsection (1) must include information on—

(a) the remuneration of school support staff;

(b) the terms and conditions of employment of school support staff;

(c) the training of school support staff;

(d) career progression for school support staff; and

(e) related matters.”

(3) In the case of staff employed under subsection (3)(a) of section 148C, the matters within the SSSNB’s remit are matters relating to the following—

(a) the remuneration of school support staff;

(b) terms and conditions of employment of school support staff;

(c) the training of school support staff;

(d) career progression for school support staff.

(4) The Secretary of State may by regulations provide that, for the purposes of subsection 5—

(a) a payment or entitlement of a prescribed kind is, or is not, to be treated as remuneration;

(b) a prescribed matter is, or is not, to be treated as relating to terms and conditions of employment of school support staff;

(c) a prescribed matter is, or is not, to be treated as relating to the training of school support staff;

(d) a prescribed matter is, or is not, to be treated as relating to career progression for school support staff.”

This amendment would change the matters within the SSNB’s remit, limiting it to the creation of a framework to which school employers should have regard but do not need to follow.

Amendment 341, page 131, line 15, leave out from “are” to the end of line 19 and insert—

“matters relating to or connected with matters in Section 178(2) of the Trade Union and Labour Relations (Consolidation) Act 1992.”

This amendment would extend the remit of the School Support Staff Negotiating Body to the list of matters for collective bargaining set out in Section 178 of the Trade Union and Labour Relations (Consolidation) Act 1992.

Amendment 342, page 131, line 19, at end insert—

“(e) a procedure for the resolution of disputes at employer, regional and national level, including the power to refer a dispute to ACAS for conciliation and mediation and, if not then resolved, entitlement to refer the matter to the Central Arbitration Committee to resolve the dispute, the decision of the latter being binding;

(f) Any other matter agreed to be the subject of negotiation by the parties.”

This amendment would add a dispute resolution procedure to the matters within the remit of the the School Support Staff Negotiating Body.

Government amendments 244 and 245.

Amendment 344, page 139, leave out lines 3 to 34.

This amendment would remove section 148Q from Schedule 3 relating to guidance issued by the School Support Staff Negotiating Body.

Amendment 304, in schedule 4, page 144, line 22, at end insert—

“(ia) for “120 occasions” substitute “52 occasions”;”

This amendment applies the requirement for national minimum wage equivalence declarations to ships providing a service entering a harbour on more than 52 occasions during a relevant year.

Amendment 305, page 145, leave out from the beginning of line 35 to the end of line 3 on page 146 and insert “52 occasions”.

This amendment applies the requirement for remuneration declarations to ships providing a service entering a harbour on more than 52 occasions during a relevant year.

Amendment 306, page 149, leave out lines 15 to 18 and insert “52 occasions”.

This amendment applies the requirement for safe working declarations to ships providing a service entering a harbour on more than 52 occasions during a relevant year.

Amendment 307, page 150, line 26, at end insert—