Better worker protections are coming

‘Opponents must stop swimming against the tide’

The UK’s long experiment with a low-rights, low-wage economy is drawing to an end, and employers need to recognise now is not the time for foot-dragging (writes TUC’s TIM SHARP). 

Rupert Soames, president of business lobby group the Confederation of British Industry (CBI), was this week driven to acknowledge that improved workers’ rights is “really good for people who are employed”. 

This matters because bolstering workers’ rights is central to the Labour Party’s New Deal for working people.  

This pledges sweeping but necessary changes including stamping out the exploitative use of zero hours contracts, ending the ability of employers to fire and rehire workers on lower wages, and scrapping the current wait for up to two years for basic workplace protections. 

Such reform is desperately needed. 

Rise in insecure work 

TUC analysis of official figures shows that by the end of 2022 there were around 3.9 million people in insecure employment, a rise of 23 per cent since the coalition took office – almost double the rise of 12 per cent in overall employment growth.  

As Soames, having recently spent eight years as chief executive of outsourcing giant Serco, will be well aware: insecure work disproportionately affects groups of workers who are already discriminated against in the workplace, such as Black and minority ethnic (BME) workers. 

Over half of those living in poverty are in working households – and this rises to three quarters of children living in poverty.

Even the current government promised 20 times to introduce an employment bill. But the pledge remains unfilled. 

Faltering economy 

Meanwhile, the flawed idea that weak workers’ rights means a stronger economy and higher productivity has been tested to destruction.  

As the Resolution Foundation has pointed out: “Labour productivity grew by just 0.4 per cent a year in the UK in the 12 years following the financial crisis, half the rate of the 25 richest OECD countries (0.9 per cent).” 

Moreover, things are getting worse not better. Economic growth is flatlining with the country teetering on the brink of recession. 

The relentless undermining of wages and incomes has repercussions on spending in the economy, with household consumption failing. 

This is why Richard Walker, boss of grocery chain Iceland, switched support to Labour citing concern about the impact of the rising cost of living on their customers. 

Higher pay and greater security are clearly in the interests of both workers and businesses, for they mean more spending and more revenues for business. 

Watering down 

Soames warned that “European model” of stronger worker rights, while benefiting those in work, is “really bad for people who are unemployed because companies are terrified to take them on”. 

This suggests some in business are oblivious to the events of the past decade or so.  

The Marmot review, for example, recognised that insecure and poor quality employment is associated with an increased risk of physical and mental health worsening. That in turn leads to absence due to illness, and worklessness.  

No wonder businesses continue to complain of staff shortages. 

Indeed his language is reminiscent of the apocalyptic and entirely inaccurate warnings that a national minimum wage would lead to two million more unemployed.  

The incoming Labour government in 1997 was right to disregard claims from the Right that the minimum wage would cost millions of jobs.  Now there is a wealth of evidence, over 25 years of the minimum wage, that it has protected the lowest paid with no employment effects at all. 

It should take unevidenced claims about the New Deal in the same spirit. 

Behind the times 

While some in the business lobby are dragging their heels, previous advocates of unconstrained free markets now advocate reform. 

The OECD’s 2018 Jobs Strategy finally put to bed its long standing celebration of flexibility and market fundamentalism.  

 “Countries with policies and institutions that promote job quality, job quantity and greater inclusiveness perform better than countries where the focus of policy is predominantly on enhancing (or preserving) market flexibility,” it said. 

In the UK, the Institute for Fiscal Studies warned that: “Higher earnings inequality, with low real earnings growth, and a very different labour market from 40 years ago have placed the world of work in a much more unequal and divisive place. To halt or reverse this trend requires significant attention be devoted to ways to restore and reinvigorate real earnings growth and to generate decent jobs with good career opportunities in an inclusive way”. 

Conclusions 

A radical and effective programme is long overdue both for workers – whether currently in employment, looking for work or will be joining the jobs market in future – and for the wider economy. 

As TUC general secretary Paul Nowak told the CBI conference last year: “Decent employers will recognise the promise of Labour’s economic reset and work with unions to boost productivity, skills and security at work.” 

Now is not the time for foot-dragging. The economy needs a major reboot and the opponents of change need to get out of the way. 

New law gives tens of millions more say over their working hours

  • UK government backs law that gives all workers the legal right to request a predictable working pattern
  • Law will combat ‘one-sided flexibility’, where workers are often on standby for work that never comes

TODAY (Friday 3 February), the government supported Blackpool South MP Scott Benton’s Workers (Predictable Terms and Conditions) Bill, which will bring forward huge changes for tens of millions of workers across the UK.

The move, which would apply to all workers and employees including agency workers, comes after a review found many workers on zero hours contracts experience ‘one-sided flexibility’.

This means people across the country are currently left waiting, unable to get on with their lives in case of being called up at the last minute for a shift. With a more predictable working pattern, workers will have a guarantee of when they are required to work, with hours that work for them.

If a worker’s existing working pattern lacks certainty in terms of the hours they work, the times they work or if it is a fixed term contract for less than 12 months, they will be able to make a formal application to change their working pattern to make it more predictable.

Labour Markets Minister Kevin Hollinrake said: “Hard working staff on zero hours contracts across the country put their lives on hold to make themselves readily available for shifts that may never actually come.

“Employers having one-sided flexibility over their staff is unfair and unreasonable. This Bill will ensure workers can request more predictable working patterns where they want them, so they can get on with their daily lives.”

Blackpool South MP Scott Benton said: “A significant number of my constituents experience unpredictable work. Being able to ask their employers to consider requests for a more predictable working pattern such as working on set days, or for a permanent contract, will help them to work more predictable hours and provide more reliably for their families in some cases, and help with their work-life balance in other situations.

“This Bill gives people a right to ask their employers to consider requests and will be welcomed by thousands of people.”

The move comes as part of a package of policies this government is supporting to further workers’ rights across the country, such as:

  • supporting parents of babies who need neonatal additional care with paid neonatal care leave
  • requiring employers to ensure that all tips, gratuities, and service charges received must be paid to workers in full
  • offering pregnant women and new parents greater protection against redundancy
  • entitling unpaid carers to a period of unpaid leave to support those most in need
  • providing millions of employees with a day one right to request flexible working, and a greater say over when, where, and how they work

These policies will increase workforce participation, protect vulnerable workers, and level the playing field, ensuring unscrupulous businesses don’t have a competitive advantage.

This package builds on the strengths of our flexible and dynamic labour market and gives businesses the confidence to create jobs and invest in their workforce, allowing them to generate long-term prosperity and economic growth.

Scottish workers and employees will now receive the same minimum level of paid annual holiday leave

For those individuals with a permanent zero hours, causal or term time only contract, the recent landmark legal judgment made by the Supreme Court represents a positive step forward in terms of their employment rights. 

According to the ruling, all employees and workers in the UK will now receive the same minimum level of paid annual holiday leave, regardless of how many hours they work. The Supreme Court was asked to rule over whether their leave entitlement should be calculated proportionally as full-time employees or whether it should be calculated by ignoring the weeks they do not work.

It ruled that the amount of annual leave for workers and employees who have a permanent contract which is in force for the full year but who are employed for some weeks of the year should not have their holiday entitlement calculated on a pro-rata basis. This is a significant development for the 78,000 Scottish residents that are currently in employment on a zero-hours contract.

Tina Chander, Head of the Employment Law Team at Wright Hassall, said: “The Supreme Court ruling once again brings the topic of zero-hours contracts to the fore, as workers and employees are now entitled to a full year’s statutory holiday entitlement which is currently 5.6 weeks per annum.

“Generally speaking, zero-hours contracts are attractive to employers, employees and workers that prefer the flexibility to choose when they work, instead of having a strict full-time regime, which may not be wanted by either party.  

“If you have a zero-hours contract, your employer does not have to give you any minimum working hours, and you do not have to accept any work offered. That being said, you can still be classed as an employee or worker.

“There are some significant distinctions between employee and worker status. For example, if you are classed as a worker then you are entitled to national minimum wage, paid holiday, rest breaks, protection from discrimination and protection from whistleblowing.

“However if you are classed as an employee, you are also afforded  the legal protection to not be  unfairly dismissed and you are entitled to statutory redundancy pay, so it is vital that Scottish employers and employees familiarise themselves with existing contracts and rights, especially in light of this recent development.”

P&O Ferries staff redundancies: ‘pure blackmail’ and the ‘bullying truth’

Letters to and from Peter Hebblethwaite, CEO of P&O Ferries, regarding the circumstances by which staff were made redundant on 17 March 2022.

UK Business Secretary Kwasi Kwarteng and Labour Markets Minister Paul Scully wrote to the CEO of P&O Ferries on 18 March 2022 requesting details of the circumstances by which staff were made redundant on 17 March so that government can establish whether any employment or redundancy laws have been broken.

This is the exchange of letters:

Peter Hebblethwaite, CEO of P&O Ferries, responded by letter yesterday:

RMT exposes the ‘bullying truth’ behind P&O staff package

Maritime Union RMT last night slammed what it described as a “disgusting statement” from P&O Ferries trying to justify one of the most shameful acts by any employer in recent history.

Sacked seafarers have been basically told that if they don’t sign up to be gagged by a non-disclosure agreements you not only lose your job you lose money as well. This is from an organisation which has received millions from the taxpayer to support furlough payments and whose parent company DP world paid out vast sums in dividends last year

General Secretary Mick Lynch said: “These are the actions of a bully trying to maximise profits by sacking workers and replacing them with agency staff below the minimum wage.

“The detail of what the company are imposing is not new. The 2.5 weeks is what we have negotiated in the past with P&O.

“The pay in lieu of notice is not compensation, it is just a payment staff are contractually entitled to as there was no notice given.

“The way that the package has been structured is pure blackmail and threats– that if staff do not sign up and give away their jobs and their legal right to take the company to an employment tribunal they will receive a fraction of the amount put to them.

“The actions of P&O demonstrate the weakness of employment law and protections in the UK. P&O have flagrantly breached the law and abandoned any standards of workplace decency. They have ripped away the jobs, careers and pensions of our members and thrown the on the dole with the threat that if they do not sign up and give away their rights they will lose many thousands of pounds in payments.

“This is totally unacceptable and RMT will continue to campaign for our members to be reinstated at P&O and for better employment laws to protect all British workers.‎”

A protest is also being held outside P&O Ferries Cairnryan terminal today.

One in twenty workers say they are not receiving any paid holidays

Around one in twenty workers report not receiving any holiday entitlement, while around one in ten do not receive a payslip ­– highlighting the scale of labour market violations across the UK – according to new analysis published today by the Resolution Foundation. Continue reading One in twenty workers say they are not receiving any paid holidays

Fair’s fair: Unite calls for devolution of employment law

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Unite Scotland has repeated it’s call for the devolution of employment law. The appeal follows Wednesday’s decision by the Supreme Court that the UK government was wrong to raise employment tribunal fees. Continue reading Fair’s fair: Unite calls for devolution of employment law

Johnstone welcomes employment tribunal pledge

TRIBUNAL FEES: JOHNSTONE SECURES SUPPORT FOR CAMPAIGN

despair2Alison Johnstone, Green MSP for Lothian and a member of Holyrood’s economy committee, today secured a pledge from Scottish ministers that they will put pressure on the UK Government to protest at employment tribunal fees.

The Coalition introduced fees of between £160 and £1,200 a year ago. Since then there has been an 80 per cent drop in the number of cases going before tribunals.

Alison Johnstone raised the issue with Cabinet Secretary Angela Constance during Youth and Women’s Employment Questions at Holyrood today.

The Green MSP said: “Access to justice and employment rights is incredibly important. The TUC have said women have been among the biggest losers of the introduction of employment tribunal fees.

“A year down the line we see equal pay claims have dropped and sex discrimination cases are down. I don’t believe there should be any fees, and I am pleased that Scottish ministers will make representations to the UK Government.

“I support the Law Society of Scotland’s call for a review of these patently unfair charges.”

Employment tribunal fees have been a huge victory for Britain’s worst bosses, according to a new TUC report published last week to mark the one year anniversary of the new charges.

The report – What Price Justice?– shows how since the introduction of fees in July 2013 there has been a 79 per cent fall in overall claims taken to employment tribunals, with women and low-paid workers the worst affected. What Price Justice? analyses the latest Ministry of Justice statistics and reveals the following key findings:

  • Women are among the biggest losers – there has been an 80 per cent fall in the number of women pursuing sex discrimination claims. Just 1,222 women took out claims between January and March 2014, compared to 6,017 over the same period in 2013.
  • The number of women pursuing pregnancy discrimination claims is also down by over a quarter (26 per cent).
  • Race and disability claims have plummeted – during the first three months of 2014 the number of race discrimination and sexual orientation claims both fell by 60 per cent compared to the same period in 2013.
  • Disability claims have experienced a 46 per cent year-on-year reduction.
  • Workers are being cheated out of wages – there has been a 70 per cent drop in workers pursuing claims for non-payment of the national minimum wage.
  • Claims for unpaid wages and holiday pay have fallen overall by 85 per cent. The report says that many people are being put off making a claim, because the cost of going to a tribunal is often more expensive than the sum of their outstanding wages.
  • Low-paid workers are being priced out – only 24 per cent of workers who applied for financial assistance to take claims received any form of fee remittance.
  • Even workers employed on the minimum wage face fees of up to £1,200 if a member of their household has savings of £3,000.

TUC General Secretary Frances O’Grady said: “Employment tribunal fees have been a huge victory for Britain’s worst bosses. By charging up-front fees for harassment and abuse claims the government has made it easier for bad employers to get away with the most appalling behaviour.

“Tribunal fees are part of a wider campaign to get rid of workers’ basic rights. The consequence has been to price low-paid and vulnerable people out of justice.”

Exclusive Edinburgh prep school named and shamed

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Cargilfield fails to pay minimum wage

Employers who owe their workers thousands of pounds for failing to pay them the correct National Minimum Wage have been named and shamed. Among them is exclusive Edinburgh prep school Cargilfield, who underpaid a worker by over £3,700.

Today (8 June 2014), a further 25 employers who failed to pay their employees the minimum wage have been named under the new regime introduced last October, which makes it easier to name and shame wrongdoers. Between them they owe workers more than £43,000 in arrears and in addition have to pay financial penalties totalling over £21,000.

Business Minister Jenny Willott said: “Paying less than the minimum wage is not only wrong, it’s illegal. If employers break the law they need to know that they will face tough consequences.

“Any worker who is entitled to the minimum wage should receive it. If anyone suspects they are not being paid the wage they are legally entitled to they should call the Pay and Work Rights helpline on 0800 917 2368”.

The government has introduced a series of tougher measures to crack down on employers that break National Minimum Wage law. As well as being publicly named and shamed, employers that fail to pay their workers the National Minimum Wage also face new penalties of up to £20,000 – 4 times higher than before.

The government also plans to legislate in the new parliamentary session so that employers can also be given penalties of up to £20,000 for each individual worker they have underpaid, rather than the maximum penalty applying to each employer. This will mean if an employer underpays 10 workers, they could face penalties of up to £200,000.

The 25 employers are:

  • Christine Cadden and Nicola Banks of Renaissance, Wirral, neglected to pay £7,310.65 to 3 workers
  • Alan King and John King of Arthur Simpson & Co, Bradford, neglected to pay £6,426.12 to a worker
  • Central Heating Services Ltd, Hampshire, neglected to pay £6,200.28 to 4 workers
  • Cargilfield School Ltd, Edinburgh, neglected to pay £3,739.58 to a worker
  • A2ZEE Construction Ltd, Cramlington, neglected to pay £3,375.51 to 14 workers
  • Mr and Mrs Balasco of Eugenio, Bristol, neglected to pay £3,037.53 to 2 workers
  • Mr and Mrs Hampton of The Wheatsheaf Inn, Cheshire, neglected to pay £2,057.88 to 4 workers
  • Steven Stainton of Steven Stainton Joinery, Cumbria, neglected to pay £1,415.82 to a worker
  • Runbaro Ltd, Swindon, neglected to pay £1,413.88 to a worker
  • Satwinder Singh Khatter and Tejinder Singh Khatter of The Bath Hotel, Reading, neglected to pay £1,237.79 to 2 workers
  • Richard Last of Classic Carpentry, Godalming, neglected to pay £1,236.72 to a worker
  • We are Mop! Ltd, London, neglected to pay £1,018.05 to 2 workers
  • Mrs Sue English of Legends Hairdressers, Colchester, neglected to pay £823.40 to a worker
  • Saftdwin Ltd, Hampshire, neglected to pay £806.37 to 2 workers
  • Master Distribution Ltd, Essex, neglected to pay £718.62 to a worker
  • Perth Hotels Ltd, Perth, neglected to pay £556.80 to a worker
  • Bryants Nurseries Ltd, Hertfordshire, neglected to pay £494.07 to a worker
  • Dove Mill Retail Outlet Ltd, Bolton, neglected to pay £461.84 to a worker
  • Luigi’s Little Italy Ltd, Yorkshire, neglected to pay £281.04 to 5 workers
  • CPS SW Ltd, Exmouth, neglected to pay £261.29 to a worker
  • Mr Gary Calder, Mr Richard Calder and Mr Neil Calder of Avenue Agricultural, Northamptonshire, neglected to pay £256.55 to a worker
  • Dakal Ltd, Northampton, neglected to pay £252.00 to 2 workers
  • Zoom Ltd, Havant, neglected to pay £242.28 to 3 workers
  • HSS Hire Service Group Ltd, Manchester, neglected to pay £149.00 to 15 workers
  • Sun Shack Ltd, Hamilton, neglected to pay £134.35 to 8 workers

The 25 cases named today were thoroughly investigated by HM Revenue & Customs after workers made complaints to the free and confidential Pay and Work Rights helpline.

Employers who are unsure of National Minimum Wage rules can also get free advice and information from the Pay and Work Rights Helpline on 0800 917 2368 or by visiting www.gov.uk.

Cargilfield, founded in 1873, was the first prep school to be established in Scotland. It moved from Trinity in Edinburgh to its current location in Barnton in 1898. A Pre-prep and Nursery Department were added to the prep school campus during the early 1980’s in response to the changing nature of the parental body and the introduction of girls.

School fees range from £1665 per term for nursery children up to almost £6000 per term for Upper School boarding pupils.

The school’s website says: ‘The school was founded by the Reverend Charles Darnell, who’s aim was “to provide a liberal education and teach the merits of hard work and honesty under conditions of happiness and well-being”. This remains at the core of our ethos today’.

Thirty thousand respond to Zero Hours Contract consultation

Zero Hours Contracts: fair deal flexibility or a licence to exploit?

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The Westminster government received more than 30,000 responses to their consultation on zero hours contracts which closed last week. Business Secretary Vince Cable acknowledged there has been ‘some abuse’ but said the controversial contracts do have a place in today’s labour market, but the TUC believes government proposals fail to tackle the exploitation of workers on zero hour contracts.

The Office for National Statistics estimates over 580,000 employers and individuals are currently using zero hours contracts, and that that number is on the increase.

The twelve week consultation was launched in December by Business Secretary Vince Cable, following a review of evidence on the extent of the use of zero hours contracts conducted last summer.

The consultation focused on two key issues that were raised in the summer review: exclusivity in employment contracts and lack of transparency for employees.

Commenting on the consultation, Business Secretary Vince Cable said: “It is clear that a growing number of people are using zero hours contracts. While for some they offer welcome flexibility to accommodate childcare or top up monthly earnings, for others it is clear that there has also been abuse around this type of employment, which can offer more limited employment rights and job security.

“We believe they can have a place in today’s labour market and are not proposing to ban them outright, but we also want to make sure that people are getting a fair deal. This is why we conducted research last summer (2013) and launched a consultation looking at the key concerns, such as exclusivity clauses and the availability of clear information.

“We don’t think that people should be tied exclusively to one employer if it unfairly stops them from boosting their income when they are not getting enough work to earn a living. We also want to give employees and employers more guidance and advice on their rights and responsibilities around these types of employment contracts. The consultation received a high level of interest, with over 30,000 responses. We will publish our response to the consultation in due course.”

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However government proposals to clamp down on the abuse of zero-hours contracts will fail to stem the widespread exploitation of workers, according to the Trades Union Congress (TUC). Responding to the government’s consultation, the TUC submission highlights how zero-hours workers are dogged by low pay, under-employment, and job and income insecurity.

Half of all zero-hours workers earn less than £15,000 a year (compared to 6 per cent of other employees) and two in five want to work more hours, according to recent research by the Chartered Institute of Personnel and Development (CIPD).

Three-quarters of zero-hours workers report that their hours change each week. These varying hours – and the unstable, irregular income they provide – make it hard for staff to organise childcare, pay monthly bills and plan ahead, says the TUC.

The TUC is concerned that zero-hours contracts allow employers to evade basic employment rights such as maternity and paternity leave and redundancy pay, while some companies pressurise workers to remain available on the off-chance they will be offered work. None of the proposals contained in the government’s consultation deal with any of these problems, warns the TUC.

The TUC instead wants the government to introduce compensation, including travel costs, where shifts for zero-hours workers are cancelled at short notice, as well as written contracts with guaranteed hours where a zero-hours worker does regular shifts. The TUC would also like to see the government simplify employment law so that all workers get the same basic employment rights.

The submission supports the government’s proposal to ban exclusivity clauses – which prevent people from working for anyone else – in employment contracts, though this recommendation on its own will fail to meet the government’s stated aim of ending the abuse of zero-hours contracts.

TUC General Secretary Frances O’Grady said: “The growth of zero-hours contracts, along with other forms of precarious employment, is a key reason why working people have seen their living standards worsen significantly in recent years. These contracts are commonly associated with poverty pay, poor terms and conditions, and leave staff vulnerable to exploitation from bad bosses.

“We welcomed the government’s belated acknowledgement last year that abuse of zero-hours contracts needs to be stopped. It’s disappointing therefore that they’ve failed to back this up with any meaningful policies to tackle exploitation.

“If the government wants to be on the side of hard-working people it needs to put proper policies in place to curb exploitative working practices, even if this means ruffling the feathers of a few business lobbyists.”

The government’s response to the consultation findings will be published ‘in due course’.

Unfairly sacked? That’ll be £160, please!

despairWestminster Government introduces fees for employment tribunals

Bringing a claim or an appeal to the employment tribunal is currently free of charge with the full cost being met by the taxpayer, but the government has now introduced fees, claiming that by doing this people using employment tribunals will meet ‘a significant proportion’ of the £84m cost of running the system. Their aim, they say, is to reduce the taxpayer subsidy of these tribunals by transferring some of the cost to those who use the service, while protecting access to justice for all.

The Advisory, Conciliation and Arbitration Service (ACAS) – a taxpayer-funded service to help workers and businesses settle disputes without the need to go to a tribunal – will remain free, but if agreement cannot be reached at that stage and the claim is taken further significant costs will now be incurred.

Workers will have to pay £160 or £250 to lodge a claim and a charge of either £230 or £950 if their case goes ahead.

Minister Jonathan Djanogly said: “It’s not fair on the taxpayer to foot the entire £84m bill for people to escalate workplace disputes to a tribunal. We want people, where they can, to pay a fair contribution for the system they are using, which will encourage them to look for alternatives.

“It is in everyone’s interest to avoid drawn out disputes which emotionally damage workers and financially damage businesses. That’s why we are encouraging quicker, simpler and cheaper alternatives like mediation.”

Critics of the charges argue that the new charges will dissuade many employees from making legitimate claims about workplace discrimination and there is concern that, once again, it is the poorest and most vulnerable that will suffer.

TUC General Secretary Brendan Barber said: “It is vital that working people have fair access to justice, but introducing fees for tribunals will deter many – particularly those on low wages – from taking valid claims to court. Many of the UK’s most vulnerable workers will simply be priced out of justice.

“The government’s remission scheme to protect low-paid employees is woefully inadequate, and workers will be more likely to be mistreated at work as rogue bosses will be able to flout the law without fear of sanction.”

Responding to a consultation on the controversial proposals, Citizens Advice Scotland’s Kevin Dryburgh said: “Employment tribunals are an essential service for all workers and employers in the UK. It is not just successful claimants who benefit – all employers and workers benefit from a service that protects workers, discourages rogue and exploitative employers, and ensures a level playing field for good employers.

“Far from being a costly burden on employers and tax payers, employment tribunals play a key role for all those in work. Placing barriers to accessing Employment Tribunals will affect the effectiveness of the service in providing this role.”

Trade union UNISON is fighting the fees and has been given permission to seek a judicial review. The hearing will take place in October.bigben