Its only a few days away. We often see changes when there is a change in government. For example, the qualifying period within which to bring an Unfair Dismissal claim has swung from 6 months to 1 year to 2 years, down to 1 year again and more recently up again to 2 years!
So, what will May 7th 2015 bring?
What are the political parties pledging?
| Labour | Conservative | Liberal Democrat | Other Parties | |
| Pay and Bonuses | Require larger employers to disclose information on their gender pay gap.*Put an employee representative on remuneration committees.
Boost pay transparency including a duty to disclose the ratio of top pay compared to the average. |
Require larger employers to disclose information on their gender pay gap*.Cap public sector redundancy payments at £95,000.
*This measure was included in legislation before Parliament was dissolved for the election. |
Require larger employers to disclose information on their gender pay gap.*Consult on a requirement that companies publish full equal pay reviews and consult staff on executive pay.
Boost pay transparency including a duty to disclose the ratio of top pay compared to the average. |
Plaid Cymru: Measures to limit executive pay.Green Party: Introduce a maximum 10:1 pay ratio between top and bottom pay in every organisation.
SNP: Support early introduction of the gender pay gap duty*. |
| National minimum wage (NMW) and the living wage | Increase the NMW to more than £8/ hour by 2019.Introduce tax/procurement incentives for employers to pay the living wage.
Require listed companies to disclose whether they pay the living wage. Increase NMW fines and enforcement. Pay interns the NMW after four weeks’ working. |
Support an above-inflation rise in the NMW (if approved by the Low Pay Commission). | Instruct the Low Pay Commission to consider ways to increase the NMW.By 2020, require larger companies to disclose employee numbers receiving less than the living wage.
Living wage to be paid by more government departments/agencies. Improve NMW enforcement. |
SNP: Promote the living wage and increase the NMW to £8.70 by 2020.Green Party: Increase the NMW to £10 per hour by 2020.
Plaid Cymru: raise the NMW to the living wage by 2020. |
| Tribunal reform | Ask TUC & CBI to agree tribunal reforms and abolish current fee levels. | Review tribunal fees with a view to lowering. | Plaid Cymru and Green Party: reduce tribunal fee levels | |
| Discrimination | See gender pay gap proposal above.Strengthen the law against maternity discrimination, in particular protection from dismissal. Implement the dual discrimination provisions of the Equality Act. | See gender pay gap proposal above.Support greater female representation on boards. | See gender pay gap proposal above.Support greater female, black, Asian and minority ethnic (BAME) representation on boards.
Monitor and tackle the BAME pay gap. Outlaw caste discrimination. Introduce ‘name-blank’ job applications in the initial stages for public sector jobs. |
SNP: Support 50% female representation on public and private boards and tightening maternity discrimination law.Green Party: 40% female representation on all boards.
UKIP: Allow employers to discriminate in favour of British workers. |
| Zero hour contracts (ZHC) | Introduce a right to a fixed hours contract after 12 weeks of regular working on a ZHC, ban exclusivity, compensate workers if shifts are cancelled at short notice, stop employers from requiring ZHC workers to be available ‘at all hours’, introduce a new ACAS Code of Practice. | Ban exclusivity, enhance information and guidance to improve transparency over ZHC terms and rights. | Ban exclusivity, enhance information and guidance to improve transparency over ZHC terms and rights.Create a right to request a fixed hours contract and consult on introducing an entitlement to such a contract after a period of regular working. | SNP, Green Party, UKIP and Plaid Cymru: All support action to tackle unfair ZHCs or want to ban them altogether. |
| In/out European Union referendum? | No – unless there are proposals to transfer further powers from UK to the EU. | Yes – renegotiate EU membership then hold an in/out referendum by end 2017. | No – unless there are proposals to transfer further powers from UK to the EU. | UKIP: Leave the EU.SNP: Give Scotland a referendum veto.
DUP and Green Party: Support a referendum. Plaid Cymru: stay in the EU. |
| European Convention on Human Rights | Committed to the Human Rights Act and the EU Convention. | Introduce a British Bill of Rights; repeal the Human Rights Act; turn the European Court of Human Rights into an advisory body only. | Committed to the Human Rights Act and the EU Convention. | UKIP: Introduce a British Bill of Rights; repeal Human Rights Act; withdraw from the jurisdiction of the European Court of Human Rights. |
| Work and Family | Extension of paternity leave to 4 weeks and an increase in statutory pay.Consult on allowing grandparents to share the four weeks’ unpaid parental leave a year.
Possible ‘adjustment leave’ to help families cope with short-term crisis. |
Extension of paternity leave to 6 weeks.Introduce a right to paid leave for carers who qualify for the Carer’s Allowance. | SNP: Extend paternity leave and pilot leave for carers. | |
| Strike law change and industrial relations | Set up a full public inquiry to examine the issue of blacklisting.Review how workplace information and consultation can be more ‘widespread and meaningful’.
Support union facility time. |
A number of proposals including: 50% or more must vote in all ballots; additionally, in essential services, 40% of all eligible voters must vote in favour of strikes; end the ban on using agency staff to cover for essential striking workers; time limit the mandate of each strike ballot. | Change the law to allow online “e” ballots for strikes and union leadership elections. | Plaid Cymru: Independent Commission to consider industrial relations policy and introduce blacklisting legislation.Green Party. Plaid Cymru and SNP: Increase employee representation on boards.
SNP: Support “e” ballots for strikes. |
| Agency workers | Abolish Pay Between Assignment contracts (the “Swedish Derogation”).Introduce measures to tackle “rogue” employment agencies, such as extending the remit of the Gangmasters’ Licensing Authority. | Lift the ban on agency workers providing essential cover during strikes. | Set up a new “Workers’ Rights Agency” to take on and improve the work of existing employment bodies including responsibility for employment agency standards. | UKIP: Repeal agency worker regulation. |
| Migrant exploitation and modern slavery | Make it a criminal offence for employers to undercut wages by exploiting migrants.Establish a new enforcement unit based in the Home Office. | Implement the Modern Slavery Bill requiring businesses to report on steps taken to be ‘slavery and trafficking free’, including in supply chains.Introduce “tougher labour market regulation” to tackle illegal working and exploitation. | Implement the Modern Slavery Bill requiring businesses to report on steps taken to be ‘slavery and trafficking free’, including in supply chains.See above “Workers’ Rights Agency”. | |
| Other | Review the TUPE Regulations, in particular how they apply to outsourcing.Scrap the coalition’s ‘shares for rights’ scheme (where employees gave up some rights in return for shares).
Support employee buy-outs when businesses are being sold. |
Require public sector employers and companies with more than 250 employees to give staff up to three paid days-off a year to do voluntary work (“volunteering leave”).Require every public sector worker operating in a customer-facing role to speak fluent English. | Prevent employers depriving workers of employment rights by wrongly classifying them as self-employed or workers. | UKIP: Review (and potentially reverse) EU regulation.Green Party: Introduce a maximum 35-hour working week
SNP: Restore the 90 day collective redundancy consultation period. SNP: Prioritise devolution of powers over employment policy, including the minimum wage and equality. |
For advice on any aspect of HR or employment law contact us on hello@bhayanilaw.co.uk or call 0114 303 2300.
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