Private Members Bills: What legislation could be coming up?

At the moment there are a number of Private Member's Bills (PMBs) going through parliament suggesting new employment legislation. PMBs are bills that are introduced by MPs and Peers who are not government ministers. Very few PMBs ever make it into legislation, but we know there are several that are currently supported by  government, meaning it's more likely they will progress. Some of these bills could have a significant impact on the recruitment industry, so are well worth keeping an eye on. Set out below we explain the bills that could impact our industry and the REC’s stance on them.

 

Workers (Predictable Terms and Conditions) Bill

What is it about?

This bill would give all workers the right to request a more regular contract. For agency workers this right would kick in after they have been on assignment for 12 weeks. This is one of the PMBs that we know the government supports.

What is the REC's view?

This was originally proposed in Matthew Taylor's Good Work Plan in 2019. At the time the REC opposed the proposals, and our position remains unchanged. Allowing temporary workers the right to request more stable terms undermines the nature of temporary work. Businesses usually use temporary workers to respond to spikes in demand, seasonal changes, or other ad hoc staffing needs - allowing these workers to request more stable work makes no sense if workers are hired to address short term needs and if they themselves are looking for temporary work.

It could have implications for tax status with temporary workers potentially reclassed as employees due to changes in their contracts. Many temporary workers choose to work in this manner specifically to avoid being employees. Temp work allows them more flexibility and freedom to choose when to work. REC has repeatedly made this clear to BEIS in the past and will continue to do so with the new Department for Business and Trade (DBT).

REC's next steps

REC has written to Scott Benton MP, who introduced this bill. We have asked for a meeting with his office to discuss the benefits of flexible working and shared our position and briefing note with officials in DBT.

 

The Employment Relations (Flexible Working) Bill

What is it about?

This bill would give employees and other workers more freedom to request flexible working hours, times and location. As above, this PMB also has government support.

What is the REC's view?

The REC previously raised concerns over legislating for a day one right to request flexible working but we do support a more general increase in flexible working, particularly against a backdrop of ongoing labour and skills shortages. Flexibility comes in many forms - it's not just working from home or hybrid - and we already know that a more flexible approach allows people not currently in work to return more easily. This is particularly important for older workers and working parents. Guidance around flexible working needs to be provided to employers to make it easy for them to adopt this for their staff. REC hosted a webinar on this issue to help our members understand these potential flexible working changes.

 

Employment (Dismissal and Re-Engagement) Bill

What is it about?

This bill is designed to introduce greater protection for workers from fire and re-hire practices, where workers are dismissed from a role and then re-engaged on inferior terms.

What is the REC's view?

Following the controversy with P&O Ferries last year, the REC is concerned about the reputation of the recruitment industry. We are therefore largely supportive of the measures set out in this bill and make it clear we do not support fire and rehire tactics.

 

Workers (Rights and Definition) Bill

What is it about?

This bill intends to redefine the word 'worker' for employment rights purposes, although it is not currently clear about how they intend to define this. A previous similar but unsuccessful bill introduced by the same MP planned to create a new universal employment status of ‘worker’ to replace the current distinction between 'employees’ and ‘workers’.

What is the REC's view?

Aligning employee and worker status would undermine the core principals of temporary work. A well-regulated temporary labour market is a valuable asset to both businesses addressing fluctuating demand, and workers who want to operate flexibly. REC had spoken to BEIS officials to emphasise the importance of the temporary workforce and we reiterate this message in both our submission for the Spring Budget and our Overcoming Shortages report.

REC's next steps

The REC has reached out to Chris Stephens MP who is sponsoring this bill through parliament as well as other MPs who have supported this bill. We will share our concerns with them and highlight the importance for a split in worker status for the UK economy.

 

Working Time Regulations (Amendment) Bill

What is it about?

This bill proposes a change to the Working Time Regulations 1998 (WTR) to reduce the current 48-hour maximum week to 32 hours.

What is the REC's view?

The WTR were introduced before temporary working was as common as it is now, and as a result, no longer reflect modern working practices. They need a wider overhaul than just addressing the maximum weekly work limit. We need to see wider reform around the WTR, especially as we have a unique opportunity presented by the sunsetting of EU legislation, the WTR being an example of EU derived legislation.

REC's next steps

We are currently drawing up a detailed response for government around working time and other EU derived legislation more generally. As plans to repeal EU law have progressed to the House of Lords, we have contacted a number of peers with our concerns over the plans, including the impact this will have on working time. The REC will continue to push our message around this over the course of the year. and a full position paper will be published on our website later this year.