Protecting Workers: TUPE, Whistleblowing Protections, Tribunals and AI

TUPE and Whistleblowing Protections 

Labour aims to ensure employees are not disadvantaged during business transfers and to encourage the reporting of wrongdoing.

Labour’s Proposed Change

Labour proposes to strengthen the Transfer of Undertakings (Protection of Employment) Regulations 2006 and increase whistleblowers’ protections.

Benefits and Challenges

• Expected Benefits: greater job security and ethical business practices.
• Potential Challenges: complexity in aligning new regulations with existing laws.

Implementation

Employers will need enhanced legal protections and support mechanisms for whistleblowers, as well as clearer TUPE guidelines.

Artificial Intelligence

Labour plans to make more robust requirements around surveillance technologies that intrude on a worker’s privacy, for example requiring consultation and negotiation with trade unions and employee representatives on high-risk technology.

Labour also plans to safeguard against discrimination in the use of AI in hiring and management processes, re-skilling programs for workers displaced by automation, and ensuring AI-driven decisions comply with anti-discrimination laws.

Increasing Time Limits and Compensation at the Employment Tribunal

At present, most Employment Tribunal claims need to be submitted within three months minus a day and statutory caps exist on compensation awards.

Labour’s Proposed Change

Labour proposes to increase the time limits for submitting Employment Tribunal claims to six months. They have also set intentions to remove the statutory cap on compensation in Employment Tribunal claims.

• Expected Benefits: greater access to justice, and fairer outcomes for claimants.
• Potential Challenges: increased burden on employment tribunals due to a potential rise in claims.

Implementation

The Employment Tribunal process will need to be streamlined, with increased resources for handling claims.

When to Expect These Changes

Labour has committed to passing a new Employment Bill within their first 100 days. However, it is highly unlikely that this will be enough time to introduce all of the legislative changes required to implement the proposals set out above.

It appears we can, however, expect some of the simpler proposals to be introduced within this time frame, not least in order to provide an early demonstration of Labour’s stated commitment to improving rights for working people.