15-05-2008
New Rights for South West's Workforce
The Prime Minister’s office has released details of first draft of the Queens speech to be delivered in November 2008. It has been announced that new Employment Legislation will be brought in next year in four areas.
Firstly, it has been announced that work place rights will change so that every worker will have the right to request time to train.
In addition to this the incapacity benefit Claimants will be faced with a mandatory medical assessment which will result in them being given a programme for their return to work.
Thirdly, flexible working which currently applies to parents of children of 6 or under will be extended to parents of older children.
Finally, new rules insuring that agency workers are not discriminated against will be introduced. In particular it is expected this will introduce a right for agency workers to be paid the same as full time employees for doing the same work.
In addition, the Prime Minister will announce that a Single Equality Bill will be put before Parliament in November. Employment Partner and Head of Employment at Gloucestershire Business Solicitors BPE Darren Sherborne said “At first glance the new measures appear to be a blow to employers by introducing more rights for workers and placing a further burden on business. However, much of what is being introduced is a requirement to “consider”. What most people would agree to be sensible provisions. There is no obligation to actually provide the benefits referred to in most of what is proposed.
For example, workers already have the right to request flexible working with children of 6 and under and the employer has the right to refuse such requests. Nothing will change in this regard except that a larger proportion of the work force will have the right to make the request. Nobody will be entitled to work flexibly as right.
The same would appear to be true for the right to request training, once again this is a right to ask for it and not a right to actually have it. It is highly likely that this will be accompanied by provision where the government funds this training. The employer will simply be faced with a decision as to whether or not the training will of benefit to the business as well as to the individual undergoing it.
The biggest issue for employers in my view is the proposed new rights for agency workers. Flexibility within the labour market is vital as some will see this prohibition on discrimination against agency workers as curtailing that flexibility, as many agencies will question whether or not it is worth placing staff into organisation where the rates of pay that the agency workers receive mean that there is a reduction in the profits for the agency.”
Mr Sherborne concluded “the economy in the South West has always coped with new Employment Legislation without too much difficulty and there is nothing in the new legislation that concerns me unduly. The South West has utilised temporary pool of labour, primarily from immigrants, without any difficulty and there is nothing to suggest that we will not deal with new rights in exactly the same way”.
Darren Sherborne is Partner and Head of Employment at Gloucestershire’s leading employment solicitors, BPE. Telephone number 01242 248 256, email darren.sherborne@bpe.co.uk
Firstly, it has been announced that work place rights will change so that every worker will have the right to request time to train.
In addition to this the incapacity benefit Claimants will be faced with a mandatory medical assessment which will result in them being given a programme for their return to work.
Thirdly, flexible working which currently applies to parents of children of 6 or under will be extended to parents of older children.
Finally, new rules insuring that agency workers are not discriminated against will be introduced. In particular it is expected this will introduce a right for agency workers to be paid the same as full time employees for doing the same work.
In addition, the Prime Minister will announce that a Single Equality Bill will be put before Parliament in November. Employment Partner and Head of Employment at Gloucestershire Business Solicitors BPE Darren Sherborne said “At first glance the new measures appear to be a blow to employers by introducing more rights for workers and placing a further burden on business. However, much of what is being introduced is a requirement to “consider”. What most people would agree to be sensible provisions. There is no obligation to actually provide the benefits referred to in most of what is proposed.
For example, workers already have the right to request flexible working with children of 6 and under and the employer has the right to refuse such requests. Nothing will change in this regard except that a larger proportion of the work force will have the right to make the request. Nobody will be entitled to work flexibly as right.
The same would appear to be true for the right to request training, once again this is a right to ask for it and not a right to actually have it. It is highly likely that this will be accompanied by provision where the government funds this training. The employer will simply be faced with a decision as to whether or not the training will of benefit to the business as well as to the individual undergoing it.
The biggest issue for employers in my view is the proposed new rights for agency workers. Flexibility within the labour market is vital as some will see this prohibition on discrimination against agency workers as curtailing that flexibility, as many agencies will question whether or not it is worth placing staff into organisation where the rates of pay that the agency workers receive mean that there is a reduction in the profits for the agency.”
Mr Sherborne concluded “the economy in the South West has always coped with new Employment Legislation without too much difficulty and there is nothing in the new legislation that concerns me unduly. The South West has utilised temporary pool of labour, primarily from immigrants, without any difficulty and there is nothing to suggest that we will not deal with new rights in exactly the same way”.
Darren Sherborne is Partner and Head of Employment at Gloucestershire’s leading employment solicitors, BPE. Telephone number 01242 248 256, email darren.sherborne@bpe.co.uk
