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BRC and Usdaw clash over Day One Rights for employees

Shopworker stacking shelves
Under the current law, workers are protected from unfair dismissal when they have been in the job for two years. The Government’s plan is to remove qualifying periods by making this a ‘Day One Right’. The House of Lords has instead proposed a six-month qualifying period.

BRC Chief Executive, Helen Dickinson, said:

“While we fully support the goal of the Employment Rights Bill to crack down on unscrupulous employers who do not treat their employees fairly, it must not penalise responsible businesses.

“[Independent think tank] The Resolution Foundation has said that some of its proposals, particularly around Day One Rights, will ‘inhibit hiring.’ We share this view, and are also concerned about Guaranteed Hours, which would make it harder for retailers to offer local, flexible, and part-time jobs. The Bill’s return to the Commons is the moment for MPs to avoid such unintended consequences by supporting the practical amendments tabled by peers last week. Half of retail’s three million colleagues currently work part-time, and this flexibility allows them to work as much or as little as they need, balancing their career around other life commitments. We ignore this at our peril.

“Government must also ensure that any delay to the Bill’s Royal Assent does not result in less consultation or a compressed implementation Roadmap. It is critical Ministers commit to quality engagement with high-employment industries so we can work constructively with Government and other important stakeholders to ensure the Bill is fit for purpose, protecting employment opportunities as well as employees.”

Meanwhile, retail trade union Usdaw is calling on the Government to resist pressure from Conservative and Liberal Democrat Peers “trying to weaken the Employment Rights Bill and give rogue employers the legal right to unfairly dismiss staff”.

Joanne Thomas, Usdaw general secretary, said: “It is staggering that opposition Peers want to allow workers to be unfairly dismissed without any recourse to an employment tribunal. Labour had rightly proposed to end the two-year service qualification for challenging an unfair dismissal and make sure that employers have to act fairly from day one. Under the Government’s proposal, employers would still be able to dismiss a worker if it is done fairly and through a proper process.

“We urge the Government to defend the Bill from this unwarranted attack by rejecting the Lords’ amendments. Making work more secure was clearly a key part of Labour’s manifesto, which was widely supported by voters in last year’s landslide general election win. It ill becomes unelected Tories and Lib Dems to go against the expressed will of the people.”

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