Tag: employment rights

STUC Women’s Conference 2024: Usdaw seeks action on women’s under-representation and support for carers

Retail trade union Usdaw has a delegation of members, reps and officials attending the annual Scottish Trade Union Congress (STUC) Women’s Conference in Glasgow on 23 and 24 October.

Usdaw is seeking to address the under-representation of women in policy and decision making, along with more support for women carers.

Ruth Cross – Usdaw equalities officer says: “Women remain under-represented in political spaces, in peace processes and in all of Scotland’s democratic bodies.

“There are multiple barriers to women accessing politics, particularly Black women, disabled women and LGBT+ women. Women make up 52% of the Scottish population and should be equally represented in our democratic bodies and our movement, but gender parity is far from becoming a reality. Women hold 37% of seats in the Scottish Parliament, 24% of seats in local council chambers and only 36% of public board places. Women are under-represented in politics.

“There are welcome examples of positive progress for women’s representation in Scotland in recent years, but we need to guard against regression and take bold action to make sure progress is sustained in the future. Sexism, misogyny and violence violate women’s right to participate equally in political and public life. Attacks on women in public life are also increasing and more women are withdrawing from public life as a result.

“Evidence shows women bring lived experience to political decision making, resulting in decisions that address violence, human rights abuses and promote more equal access to resources and services. Increased representation for women in politics has a positive impact on both gender equality issues and social policy more broadly. We need to fully integrate women into all our political and union structures and address our specific policy concerns.

“Usdaw is asking conference delegates to support our call on the STUC Women’s Committee to press the STUC and Scottish Government, local authorities, public bodies and political parties to take all steps to create an inclusive and supportive environment for all women and to continue to be vigilant about ensuring women are accurately represented in every aspect of public and political life.”

Paddy Lillis – Usdaw general secretary says: “There is evidence that providing care impacts on almost every aspect of women’s daily lives, decision making and financial circumstances.

“In Scotland, over half of women carers have said that their physical health has been negatively affected as a result of their caring role and a shocking 81% feel stressed or anxious because of their role. Yet their care responsibilities and the effort required to make themselves available to do their jobs is frequently invisible to or ignored by employers.

“The recent scandal surrounding the recovery of overpaid Carer’s Allowance has brought to light the systemic way in which social security is failing carers, although we are pleased that our new Labour Government has moved swiftly by setting up a review to address issues faced by carers.

“The problems with Carer’s Allowance are replicated in the relatively new Carer Payment which is being rolled out in Scotland.  “As it currently stands, Carer’s Allowance is deepening women’s poverty and contributing to their ongoing inequality. The processes currently in place to rectify overpayments cause lasting harm and distress.

“Due to this lack of recognition and support, women carers are often compelled to reduce hours of work, take unpaid or sick leave or give up work altogether. This has a knock-on effect on income, resulting in a higher poverty rate for carers than those without a caring role.”

Usdaw is calling on the Scottish Government to:

  • Promote flexible and paid employment rights that explicitly value the contribution of unpaid carers, no matter what kind of job or contract they have.
  • Improve access to quality and reliable social care.
  • Timetable urgent reform to eligibility for Carer Support Payment that does not restrict carers’ employment decisions.

Westminster Government: How we’re ‘fixing the foundations’

We want to create wealth everywhere, but first we must fix the foundations of our country.

In the first few weeks of this Government, an audit found a £22 billion black hole in the public finances. It means we’ve had to take tough decisions, like means-testing the Winter Fuel Payment. Our Budget in October will be difficult.

But we have already taken action to improve the lives of working people in every corner of the country, from unlocking planning decisions to help build 1.5 million new homes to setting up Great British Energy, to create good jobs and provide clean energy to cut people’s bills in the long term.

Here are some of the things we are doing to fix the foundations of this country.

Setting up a new National Wealth Fund 

Growth is the number one priority of this government. That’s why we set up the National Wealth Fund. 

It is a publicly owned investment fund that will help attract investment into our country, stabilise our economy and create wealth for future generations.  

It will help unlock private investment into the UK by directly investing in new and growing industries, and help create thousands of jobs in clean energy industries.  

Accelerating housing planning 

We’re overhauling our housing system to meet the needs of working people and put communities first.  

Our plan will include introducing mandatory planning targets to aim to deliver on our ambition to build 1.5 million new homes over the next five years.  

The new targets will boost housebuilding in areas most in need, to help more people buy their own homes, and help drive growth – making everyone in the country better off. 

Putting passengers first  We’ll put our rail system back on track with new laws to deliver for passengers.  

They will improve the railways by reforming rail franchising, establishing Great British Railways and bringing train operators into public ownership. 

Protecting taxpayer money 

We’ll introduce legislation that makes sure nobody can play fast and loose with public finances. 

A new Bill will strengthen the role of the Office of Budget Responsibility, meaning significant fiscal announcements must be properly scrutinised and that taxpayers’ money is respected. 

Protecting workers’ rights  

We’ll improve workers’ rights with new legislation – a significant step towards delivering this Government’s plan to make work pay. 

We will ban exploitative zero-hours contracts, end fire and rehire, and introduce basic employment rights from day one.  

And we’re changing the way the Minimum Wage is set so it keeps in line with the cost of living, in a move to put more money in working people’s pockets. 

Launching GB Energy  

Producing clean energy and creating good jobs will be our focus for the rest of the year. Great British Energy, a publicly owned, clean-energy company, will own, manage and operate clean power projects, such as wind farms, across the country.

 Great British Energy will be headquartered in Scotland and paid for by a windfall tax on oil and gas giants. It will invest clean power projects across the United Kingdom, such as wind farms, which are the cheapest forms of electricity generation to build and operate.  

This will help make our country energy independent, tackle climate change and save families money. And investing in clean domestic power will create jobs and build supply chains in every corner of the UK.

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-Deal-for-Working-People-Green-PaperDownload

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.”

16,000 workplace opportunities secured through Young Person’s Guarantee

Over 600 employers sign up

More than 16,000 young people across Scotland have been offered workplace opportunities through the Young Person’s Guarantee.

Over 600 employers have signed up to the initiative which aims to connect 16-24-year-olds with an apprenticeship, work experience, volunteering, internships, enterprise opportunities and mentoring.

Up to £45 million is being invested in the Young Person’s Guarantee in 2022-23 as part of the ongoing commitment to support young people

Youth Employment Minister Jamie Hepburn met young people working for BAM Construction on the new £60 million North east hub health and care centre in Parkhead, Glasgow.

Mr Hepburn said: “It has been hugely encouraging to see the important role these young people are playing in the construction of this new health centre which will be a vital community asset in the east end of Glasgow for decades to come.

“I would like to thank BAM Construction, and all employers signed up to the Young Person’s Guarantee, for the opportunity they are helping to give our 16-24-year-olds. This will play a key part in our economic recovery.

“With results day just a couple of weeks away, it’s important for young people to realise there are a number routes into the workplace. 

“Our Developing Young Workforce (DYW) co-ordinators will continue working across secondary schools in Scotland to link people with local employers, while the introduction of the free bus pass and job grant are also aimed at helping young people into positive destinations.”

Sandy Begbie, Young Person’s Guarantee Implementation Group chair, said: “From the beginning of the Young Person’s Guarantee I’ve stressed the importance of young people being connected to all available opportunities.

“It is great to see how many employers of all shapes and sizes have demonstrated their support and belief in young people by committing to the Guarantee.

“As representatives of Scotland’s industry and employers it remains crucial we work together to communicate to young people that although their futures may still seem uncertain, opportunities are out there and continue to grow.”

The Scottish Government committed up to £45 million in the budget to support young people in Scotland towards employment, training and apprenticeships through the Young Person’s Guarantee,  other education, training, skills investment and through the jobs grant.

Young people and employers can find opportunities and support at:

 youngpersonsguarantee.scot 

Can your employer force you back into the office?

There have been reports of people being forced back to workplaces without proper consultation, even as Covid-19 cases remain high, or forced to stay at home due to money-saving office closures (writes TUC’s ALICE ARKWRIGHT). Employers should consult with unions to manage this period positively – rather than issuing directives.

So, what can you do if you feel like you’re being forced to stay at home or go back into the office?  

Talk to your colleagues

If your boss is asking you to return to the workplace or stay at home and you don’t feel comfortable, you should speak to other members and your union rep immediately – they may feel the same about the situation. 

If you raise the issue collectively with your employer, they’re much more likely to listen. Employers shouldn’t be imposing changes on anyone. You and your colleagues should clearly lay out what you want and why it’s beneficial for both you and your employer.  

There’s still limited access to childcare at the moment, so parents and carers may need specific arrangements. Your boss should be working with you and your workmates to understand this.  

And suggesting pay cuts for home workers, as we’ve heard in the media, is the last thing employers should be doing. People have shown huge flexibility during the pandemic and worked hard to keep the country going – now is not the time to be making threats.   

Brush up on health and safety 

There are lots of factors that your employer needs to think about at this time. Primarily, health and safety – is your workplace safe to be in and has your employer considered the mental health impact of returning to the workplace? 

This could include feelings of isolation with continued homeworking or anxiety about returning to the workplace. Our latest webinar provides all you need to know on health and safety at work since government restrictions were lifted.  

Know your rights 

You have certain rights when deciding where to work: 

  1. Employment contract 

Check your employment contract. You might have a “place of work” included and, it could be a breach of contact if your employer unilaterally imposes a change of location, without consent. This is important if your employer is saying you must work from home permanently.  

  1. Safety 

The virus hasn’t gone away, and workers will want to know what their employer is doing to keep them safe. It’s a legal requirement for bosses to carry out a workplace risk assessment. Employers must also carry out the actions that come from their risk assessment – this could include continuing with home working where possible.  

If you think there is a serious or imminent danger to you or your colleagues, you may have the right to leave work depending on the specific circumstances. The relevant law is Section 44 of the Employment Act 1996 and it covers all employees. More information on your health and safety rights on returning to work can be found here. 

And remember, your employer still has a duty to keep you safe when you’re working from home – see our guidance on risk assessments for homeworkers.

  1. Flexible working requests

Under current law, all employees have the right to request flexible working arrangements, this can include a request to change your location either permanently or for part of your working time. Any employee can make a request, you don’t have to be a parent or carer, but you must have been in the job for 26 weeks and you can only make one request per year.  

Employers have to review these requests fairly and respond within 3 months. They can turn down requests for ‘business reasons’ – but we’re campaigning for better flexible working rights for everyone. 

  1. Reasonable adjustments 

Employers have a legal duty under the Equality Act 2010 to proactively make reasonable adjustments to remove, reduce or prevent any disadvantages that disabled workers face. The law recognises that to secure equality for disabled people, work may need to be structured differently, support given, and barriers removed. This can include working from home.  

If you’re a disabled worker and have been working from home successfully during the pandemic, continuing to work from home could be a reasonable adjustment that your employer can provide, should you want it – but bosses must also provide reasonable adjustments in the workplace.  

  1. Right to time off in emergencies to look after children 

There are huge gaps in childcare provision leaving parents without the support they need to juggle work and care. If your employer has given you short notice to return to the workplace, by law anyone classed as an employee has the right to take time off work to help someone who is dependent on them in an unexpected event.

A dependent includes children but also a partner, someone you live with or a person who relies on you to make care arrangements. If you’re looking at any of these options, talk to your union and they can support you.

Finally, if you’re not in a union, join one.

Unionised workplaces have negotiated for additional access to flexible work and support to manage care that goes way above what you get under the law.  

You’re better off in a union – joining a union today

We’re currently running a survey on flexible working – have your say

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