The Employment Rights Bill means employees will generally have twice as much time to bring a tribunal claim than they do currently.
With a longer window to claim, plus new day-one rights and the incoming Fair Work Agency, claim volumes are likely to spike.
What’s changing?
Most employment tribunal claims (including unfair dismissal, discrimination, and wage claims, to name a few) will be possible six months after the complaint arises, up from the current three months. It’s highly likely that this extended timeline will lead to a sharp increase in claim volumes, especially in light of the additional day-one rights to be introduced by the Bill.
The Bill also establishes a Fair Work Agency, empowered to enforce rights like SSP and holiday pay, and to bring tribunal claims on behalf of vulnerable workers. Together, these changes may significantly increase scrutiny of employers and increase litigation exposure.
How to prepare
Adapt your strategy – proactive tribunal management to secure withdrawal of claims (where possible) is vital. Secure sound, early legal advice to put your best foot forward.
Anticipate scrutiny – expect external challenges from the Fair Work Agency, even where workers don’t initiate claims. Ensure your house is in order with SSP, holiday pay, zero-hours rules etc. Consider outsourcing your ER to lawyers whose conversations are protected by legal privilege and remain confidential.
Nip issues in the bud – equip managers to spot and resolve issues early, have effective conversations, and defuse tensions before employees have time to stew and escalate.
Diligent documentation – keep detailed records of performance, feedback, decisions, and meetings. The possibility of more claims means more evidence. Document everything.
Review data retention – documents and communications will need to be retained for at least six months to support defence of potential claims.
Need help keeping your People Team on top of all the ERB changes? Our annual People Team Training could be the solution – find out more.
This update is accurate on the date it was published but may be subject to change which may or may not be notified to you. This update is not to be taken as advice and you should seek advice if anything contained within affects you or your business.
