A Range of Reasonable Responses

Who does the right apply to?

The right to guaranteed hours does not just apply to zero-hours workers. The Act allows regulations to set a threshold of guaranteed hours per week above which the right will not apply.

Is this actually going to happen?

My theory remains that this will never in fact come into force. The current consultation ends in August this year.

A new test of fairness?

The consultation basically offers up two options for considertation. Option 1 would introduce a new test of fairness that would apply to all dismissals of protected employees. This would be a stricter standard than the current test of reasonableness. Here is what the Government suggests under this option: 35.

Limiting the reasons for dismissal?

There is a much more detailed discussion of Option 2 – but mainly to point out what a bad idea it is. Option 2 is expressed as narrowing the scope for dismissal or ‘removing some of the fair dismissal reasons’. This refers to what are generally known as the ‘potentially fair reasons for dismissal’ set out in S.98 of the Employment Rights Act 1996.

What is this all for?

The truth is I just don’t understand what the Government is trying to achieve by changing the law.