A proposed amendment to the Employment Rights Bill, which was tabled before the House of Lords, could water down the new rights that workers with zero-hours contracts have.
The government pledged to ban “exploitative”, zero-hours contracts, and require employers to give employees reasonable notice for changes in shifts as well as payment for those that are cancelled at short notice.
In the original Bill, it was also proposed that workers gain a guaranteed number of working hours ‘where the hours offered reflect the number worked by the worker over a reference period’.
Lord Goddard of Stockport (Liberal Democrat) proposed an amendment to the House of Lords last week. He suggested that the employee should have the right to demand guaranteed hours and not the employer.
He said to the House of Lords that “although we acknowledge that some workers don’t want precarious Zero-Hour Contracts, this shouldn’t come at the cost of sectors where flexibility and many workers were satisfied with these arrangements.”
This [amendment] would provide a balance between the security of workers and the flexibility required by employers in sectors where flexibility is essential.
These include seasonal workers in tourism, agriculture, and hospitality. They also include retail, theatre, and other industries with dynamic work patterns and fluctuating demands. The amendment will ensure that new provisions can be adapted to work effectively in all of these employment settings.
He said that an employer must offer guaranteed hours if the employee makes a formal request. This amendment will still prevent imposing a ‘universal duty’ on employers to provide guaranteed hours at all times.
The Young Women’s Trust warned, however, that putting the burden on the employee to request guaranteed hours could lead to ‘continued financial insecurity and exploitation’ of workers.
Research shows that 45% young women, who are more likely to have zero-hours contracts, have endured unfair treatment in their insecure jobs because they were afraid they wouldn’t get any other shifts.
Claire Reindorp is the chief executive of Young Women’s Trust. She said: “We’re discussing watering down our protections for many of our youngest, and most badly-treated, workers.
The government promised to upgrade worker’s rights by banning zero-hours contracts. But this amendment threatens to undermine that promise, as it gives employers the full power. The young women are left fighting for the right to a secure contract of employment.
We know that many young women work in unstable jobs and feel trapped. They are unable to plan their future and afraid to speak up for their rights, for fear of losing their desperately needed shifts.
We must not waste this opportunity to rebalance the power in the workplace, and transform the lives for thousands of young girls.
The amendment was approved by 264 members and rejected by 158.
This ‘request-and-must grant’ route for guaranteed hours will become law unless the amendment is removed later when the Bill returns back to the House of Commons.
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