Keir Starmer plots to let employees SUE bosses in the event that they work too laborious
Staff will be able to sue their bosses if they are made to work too hard under a new law being considered for the autumn.
Ministers could allow employees to bring claims if they are forced to work more than 48-hours-a-week, The Times has reported.
These rules, set out under the European working time directive, were incorporated into UK law by the previous Labour government.
But currently they can only be enforced by bodies such as councils and the Health and Safety Executive, not heard in tribunals.
The changes are set to be included in a package of additional rights for workers brought in by Labour this October, that also include the right of workers to demand a four-day week.
Deputy Prime Minister Angela Rayner is championing the changes which are being developed in close consultation with businesses and trade unions.
Staff will be able to sue their bosses if they are made to work too hard under a new law planned for the autumn (Pictured: Angela Rayner)
The changes are set to be included in a package of additional rights for workers brought in by Labour this October (stock photo)
Ministers are also set to give workers longer to make claims against their employers.
Under the new rules, the time limit will be increased from three to six months since a person has left the company and workers may even be able to sue while they are still employed.
Breach-of-contract claims for issues with working conditions and unpaid bonuses would also be permitted, with the maximum damages that could be paid out increased from £25,000 to £100,000.
Kathleen Healy, the deputy chair of the Employment Lawyers’ Association said of the new plans: ‘This may mean that employees look to seek redress by challenging the number of hours they work rather than other means, but equally they may prefer to pursue other claims like discrimination.’
It comes as it emerged that employees would have the right to demand a four-day week under Labour’s new ‘work-shy charter’.
Under a system of ‘compressed hours’, workers could be able to work their contracted hours in four days rather than five.
Currently workers have a legal right to request flexible working from their employers but companies are under no obligation to agree.
However, the new package of workers’ rights will shift the balance of power with businesses forced to offer flexible working unless it is ‘not reasonably feasible’.
The increased flexibility will mean workers will have a greater legal weight behind them if they ask to complete their week’s work in four days, rather than five.
Conservatives, however, have criticised the plans, saying they would leave businesses ‘petrified’.
Kevin Hollinrake, the Tory shadow business secretary, described the legislation as ‘French-style union laws’.
Kevin Hollinrake, the Tory shadow business secretary, described the legislation as ‘French-style union laws’
Currently workers have a legal right to request flexible working from their employers but companies are under no obligation to agree (stock photo)
He said: ‘Labour must listen to businesses who are petrified about day one employment rights and bringing in the four-day week through the back door.
‘It will be businesses and consumers who pay and growth that suffers if they don’t listen.’
In response to Mr Hollinrake’s comments, the government said it had ‘no plans’ to force businesses to accept employees’ four-day working week requests.
A spokesperson for the Department of Business and Trade said they have a ‘significant and ambitious agenda to ensure workplace rights are fit for a modern economy.’
A Department for Business and Trade spokesperson said: ‘The Plan to Make Work Pay sets out a significant and ambitious agenda to ensure workplace rights are fit for a modern economy and we will introduce an Employment Rights Bill soon as part of our plan.
‘We are already committed to increasing employment tribunal time limits from three months to six months, which is in line with the Law Commission recommendation from 2020.’
The workers rights package due this autumn has been referred to as Labour’s Plan to Make Work Pay.
It has been the subject of years of internal debate within the party but Labour has promised to submit draft legislation to Parliament by mid-October.
Other plans under consideration as part of it include giving employees the ‘right to switch off’.
The government are looking to push out a code of practice which sets out normal working hours and clarifies when an employee can expect to be contacted by their employer.
The policy, believed to be spearheaded by new deputy prime minister Angela Raynor, includes the right for worker’s to refuse to take on extra work on weekends or to carry out work-related tasks while on annual leave.
Pushy bosses who repeatedly breach this agreement could be taken to an employment tribunal and drained of thousands of pounds as compensation.
