WIREDGOV

The Equality and Human Rights Commission (EHRC) today published its advice for parliamentarians considering the UK government’s Employment Rights Bill.

The committee stage briefing focuses on the equality and human rights considerations raised by the provisions in the bill. This includes advice on the provisions relating to zero-hour contracts and protections from harassment, employers’ duties relating to equality and enforcement of labour market legislation.

The EHRC advised that many of the measures in the bill have the potential to address labour market inequalities. The proposed measures also have the potential to promote the right to work and to just and favourable conditions, as guaranteed by Articles 6 and 7 of the International Covenant on Economic, Social and Cultural Rights, to which the UK is a signatory.

The equality regulator and National Human Rights Institution invited the Public Bill Committee to scrutinise the bill's provisions carefully to assess the risk of unintended consequences for some protected characteristic groups. It also noted that much of the detail will be provided by secondary legislation, which could limit the ability of parliamentarians to understand the bill’s potential cumulative implications.

John Kirkpatrick, Chief Executive of the Equality and Human Rights Commission, said:

“We know there are longstanding inequalities in the labour market. Women, disabled people, younger and older workers and certain ethnic groups are all over-represented in low-paid or insecure work.

“There are measures in the Employment Rights Bill, such as the reform of zero hours contracts, which are likely to benefit these groups. But there needs to be a sufficiently detailed equality impact assessment to inform judgments about whether these measures will effectively tackle labour market inequalities, and a commitment to monitor the impact of the legislation once enacted to assess whether it has.

“The UK government has acknowledged the potential for unintended consequences in its economic analysis and summary impact assessment. We have invited the Committee to consider carefully the balance between, for example, rights to freedom from harassment and freedom of expression.

“The government’s ambition is to address the issues faced by workers who are at a disadvantage in the labour market - including preventing sexual harassment and closing pay gaps. But for this legislation to have the desired effect, it needs to be enforceable. For it to be enforceable, we need clarity on the role of regulators – including the EHRC – and sufficient resource to ensure compliance.”

Read: Parliamentary Briefing – Employment Rights Bill – House of Commons Committee Stage

Background:

• The EHRC submitted its committee stage briefing on the Employment Rights Bill in December 2024. 
• On Thursday 28 November, EHRC Chief Executive John Kirkpatrick gave oral evidence on the Employment Rights Bill to the House of Commons Public Bill Committee.
• The International Covenant on Economic, Social and Cultural Rights (ICESCR) is an international human rights treaty, which the UK agreed to follow in 1976. It ensures the enjoyment of economic, social and cultural rights, including the right to fair and just conditions of work.