Employment Rights Bill – in the House of Commons at 7:36 pm on 11 March 2025.
Amendment made: 151, page 54, line 6, at end insert—
“(2A) Regulations under this section that provide for any of those provisions of that Act to apply in relation to such records may provide for section 49 of that Act (restrictions on contracting out) to apply, with or without modifications, in relation to the application of those provisions by the regulations.”—(Justin Madders.)
Clause 41 enables the Secretary of State to make regulations requiring employers to keep records for the purposes of Chapter 2 of Part 3. The regulations may also provide for provisions of the National Minimum Wage Act 1998 relating to the keeping of records, for example section 10, which confers a right to access records, to apply in relation to records kept for the purposes of Chapter 2. The amendment would enable section 49 of that Act also to be applied by the regulations. Section 49 operates to prevent an agreement from seeking to limit or exclude the operation of the 1998 Act or prevent a person from bringing proceedings under that Act in an employment tribunal. Any provision of a social care worker’s contract that sought to prevent the worker from, say, accessing records kept by virtue of clause 41 would therefore be void.
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