September 2023 has seen substantial movements in the employment sector, with several noteworthy developments occurring post Parliament’s resumption from its summer recess. Major strides were made in the advancement of workplace rights, particularly in addressing sexual harassment and contract predictability.
In a significant transposition, proposals centered around preventing sexual harassment at work received priority, thus enabling them to proceed further in the legislative process. Full details of these proposals are, however, yet to be divulged.
In parallel to this, legislation was enacted assuring workers the right to plea for more predictable contract terms. This motion poses significant implications for businesses as they may need to reassess and modify current employment contracts to meet these new legal stipulations.
The Labour Party, in what can be seen as its pre-election standard, pledged to introduce an Employment Rights Bill within the first 100 days of assuming office, provided they are victorious in the next general election. This pledge was confirmed in Angela Rayner’s speech to the TUC (Trades Union Congress). An explicit formulation of the bill is yet to be decided upon, but it is expected to contain significant protections and benefits for employees.
The culmination of the month was the ruling by the Court of Session regarding rights under a shares’ scheme transfer as part of TUPE (Transfer of Undertakings Protection of Employment) regulations. The court decided that such rights will indeed be transferred as part of any TUPE undertaking. This adds a new level of complexity for corporations when restructuring or undertaking any corporate transaction involving a TUPE transfer.
In summary, September has seen substantial developments in the employment sector with significant implications for corporations, particularly concerning contract predictability and TUPE transfers. Prospective legislative changes signal an increasing need for businesses to continuously adapt their practices and contracts in line with evolving employment laws.