In our weekly legal column, the Leader, with the expert advice of the team at GHP Legal, sets out to answer some of your problems. Today's question is answered by solicitor James Denton...
How could proposed workers' rights bill affect our business?
Q: We run a small business employing six workers. We are concerned about recent reports on the Government's impending plans to overhaul workers' rights. In particular we worry about how we will cope with putting into place the necessary changes to accommodate new obligations placed upon us, or even if we can put them into place and still run our business. Can you run through some of the anticipated requirements, please?
A: Your concerns are understandable. We have also heard similar concerns from businesses much larger than yours. Basically, the outline of the plans includes granting statutory sick pay, maternity pay and protection against unfair dismissal to millions of workers, from the first day they start in a job, and making it easier for workers to be able to work flexible hours.
If the new workers' rights bill is passed, every worker will be entitled to sick pay from their first day in the job, though this could be at a lower rate for those on lower incomes. Whilst all women are at present entitled to 52 weeks of maternity leave, the proposal is that they will be able to give notice that they will be taking maternity leave in 15 weeks from the start of their job - without being dismissed for it.
Probation periods which are currently up to two years from a worker's start date could be capped at nine months maximum, with employers required to provide formal reasons for dismissal even during the probation period. Flexible working applications, which are now at the discretion of employers, would, under the proposals, have to be approved unless an employer can prove it would not be 'reasonably practicable'. Other proposals include the right for workers to 'switch off' outside of their contracted working hours, and the potential abolition of zero hours contracts.
Both employers and employees of all sized businesses wanting more comprehensive information can get bespoke advice from one of our employment solicitors.
• This question has been answered by James Denton, a Solicitor with GHP Legal. If you would like to speak to someone about this or any other legal matter, please visit our website www.ghplegal.com and use the contact us form, or call us on: Wrexham 01978 291456, Llangollen 01978 860313, Oswestry 01691 659194.
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