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. 

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

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

UK Government to reform workplace rights

The Westminster government will today set out the biggest package of workplace reforms for over twenty years, with ambitious reforms to ensure the UK leads the world in meeting the challenges of the changing world of work. However the TUC says platform companies are being let off the hook. Continue reading UK Government to reform workplace rights

Westminster Government must do more to protect employment rights and tackle poor employment practices

The Scottish Affairs Committee has welcomed much of the Government’s response to the Taylor review of employment practices, but has called on the Government to do more to protect the rights of employees and workers in a rapidly evolving work environment. Continue reading Westminster Government must do more to protect employment rights and tackle poor employment practices

Mininimum wage abuse employers named and shamed

Fifteen Scottish firms are among more than 350 UK companies to have been “named and shamed” by the UK government as national minimum and living wage offenders yesterday. Andthat lenghty list could have been even longer – HMRC is currently investigating more than 1,500 open cases. Continue reading Mininimum wage abuse employers named and shamed

Workplace misery: new report exposes unfair treatment

Thousands unfairly treated at work

FairEnough

Thousands of Scots face unfair working practices which leave them in desperate and miserable situations, according to new evidence from Citizens Advice Scotland (CAS).

Last year the Scottish CAB service saw 46,540 instances of unfair treatment at work – an increase of 5.5% on the previous year – and already this year the figures look set to be even higher.

Examples include unfair dismissal, non-payment of wages, cancellation of holidays, bullying, racism and denial of sick pay.

Many workers have told CAS they would like to take their case to tribunals but can’t afford to do so.

CAS new report ‘Fair Enough?’ sets out these problems in detail and suggests solutions to make Scotland’s workplaces fairer. It is being sent to Ministers, MPs and MSPs.

Publishing the report, CAS spokesman Rob Gowans said: “In Scotland we like to see ourselves as a generally fair, socially just country. Sadly, the evidence seen by CAB advisers every day tells a different story. We know that many Scots who are unemployed face severe hardship. But many who do have jobs are living on low incomes and also facing extremely unfair conditions at work.

“The evidence we present today is a snapshot of the kind of employment cases we see. Of course it’s important to say that most employers are fair and treat their staff well. But sadly it’s clear that there are many rogue employers in Scotland, and also that the system is in many ways stacked against workers who want to challenge unfairness at work.

“Some of the unfair employment practices we see put workers in difficult, complex and miserable situations. In exposing these today we want to raise awareness of these problems, but also to argue the case for change. All of the problems we identify in this report can be fixed, and we suggest ways of doing that.

“Because Scotland’s workers deserve better. And it is also in the interests of government and society as a whole that fair employment is promoted. Workers in low quality, stressful jobs have poorer general health, and poor daily quality of life than other groups – even those who are unemployed. It is also important to ensure that unscrupulous employers who wilfully undermine their employees’ basic rights do not gain an unfair advantage over fair employers.”

The sort of cases outlined in the report include:

  • People being dismissed in unfair circumstances, including for being off sick, attempting to take holiday, or informed of their dismissal by text message.
  • Employees who were not paid at all by their employers, in one case for six months’ full-time work.
  • Employers who failed to pay their employees’ income tax and national insurance leaving them to pick up the bill; and instances of clients paid considerably below the National Minimum Wage.
  • People who were unfairly denied sick pay when seriously ill
  • Employers refusing to allow employees to take paid holiday
  • Women who were dismissed when they became pregnant
  • Instances of racist and sexist bullying at work
  • Migrant workers who were exploited and made to work excessive hours
  • People who could not afford the fees to pursue an Employment Tribunal claim
  • Cases where a client won their case at an Employment Tribunal, and were awarded several thousand pounds, but their ex-employers managed to avoid paying them any of the money they were due
  • Many of the examples of poorest practice relate to people on zero hours contracts.

The full report: 

Fair Enough Protecting Scotland’s workers from unfair treatment Feb 2015

More low wage employers named and shamed

GMB trade union calls for guilty directors to be barred

coins

A further 37 employers who failed to pay their workers the National Minimum Wage – including one in Edinburgh – have been named today by Business Minister Jo Swinson.

Between them they owe workers a total of over £177,000 in arrears and have been charged financial penalties totalling over £51,000.

The government has already named 55 employers since the new naming regime came into force in October 2013. They had total arrears of over £139,000 and total penalties of over £60,000. One of the previous offenders was private school Cargilfield in Cramond, who were fined last June for underpaying a member of staff by over £3700.

HM Revenue and Customs’ (HMRC) National Minimum Wage enforcement budget will be increased by a further £3 million in financial year 2015 to 2016 – taking the total to £12.2 million. The extra money will go towards increasing the number of HMRC compliance officers to identify businesses that exploit their workers by paying them below the National Minimum Wage.

Business Minister Jo Swinson said: “Paying less than the minimum wage is illegal, immoral and completely unacceptable. If employers break this law they need to know that we will take tough action by naming, shaming and fining them as well as helping workers recover the hundreds of thousands of pounds in pay owed to them.

“We are also looking at what more we can do to make sure workers are paid fairly in the first place. As well as being publicly named and shamed, employers that fail to pay their workers the National Minimum Wage face penalties of up to £20,000. We are legislating through the Small Business, Enterprise and Employment Bill so that this penalty can be applied to each underpaid worker rather than per employer.”

Employers who are unsure of National Minimum Wage rules can also get free advice via the Pay and Work Rights Helpline on 0800 917 2368.

The 37 employers are:

  • Kings Group LLP, Hertfordshire, neglected to pay £53,808.91 to 53 workers
  • Kings Group Lettings LLP, Hertfordshire, neglected to pay £26,893.43 to 49 workers
  • Chi Yip Group Ltd, Middleton, neglected to pay £15,566.78 to 13 workers
  • Kingsclere Nurseries Ltd trading as Abacus Day Nursery, Newbury, neglected to pay £12,904.19 to 8 workers.
  • Ms Thap Thi Ly trading as Sweet N Sour, Fleetwood, neglected to pay £11,039.14 to 2 workers
  • Michael Kearney trading as Electrical Estimates, Ceredigion, neglected to pay £5,557.91 to 4 workers
  • ABC Early Learning and Childcare Centre UK Ltd, Wolverhampton, neglected to pay £5,329.25 to 68 workers
  • C J Hartley Ltd trading as Headwork, Sheffield, neglected to pay £4,762.64 to 4 workers
  • Mrs Kelly Jayne Lockley trading as Diva Hair Design, Walsall, neglected to pay £4,103.65 to a worker
  • Browncow Tanning Ltd trading as Fake Bake Hair & Beauty Boutique, Glasgow, neglected to pay £3,406.66 to 2 workers
  • J Wood Joiners & Builders Ltd, Edinburgh, neglected to pay £3,373.19 to 4 workers
  • Louise Ross Trading as Luxe Salon, Leeds, neglected to pay £3,368.13 to a worker
  • H&M Hennes & Mauritz UK Ltd, London, neglected to pay £2,604.87 to 540 workers
  • Building Projects Ltd, Dundee, neglected to pay £2,345.85 to 3 workers
  • David A Farrer Ltd, Morecambe, neglected to pay £2,261.00 to a worker
  • Julian’s Hair Salon Ltd, Newbury, neglected to pay £2,131.35 to a worker
  • Motorists Discount Store Ltd trading as TMS Autoparts, Manchester, neglected to pay £2,025.19 to a worker
  • Ms Dawn Platts trading as Level 2 Hair Studio, Barnsley, neglected to pay £1,186.89 to a worker
  • Myers and Family Ltd, Wakefield, neglected to pay £1.598.82 to a worker
  • Welcome Break Holdings Ltd, Newport Pagnell, neglected to pay £1,318.70 to 19 workers
  • Callum Austin Ltd trading as Jason Austin Hairdressers, Kettering, neglected to pay £1,899.66 to 2 workers
  • Mrs Karen Riley Trading as Crave, Preston, neglected to pay £1,179.09 to 7 workers
  • RPM Performance Rally World Ltd, Maldon, neglected to pay £998.71 to a worker
  • Ego Hair & Beauty (Anglia) Ltd, Colchester, neglected to pay £985.55 to a worker
  • Mr Jinit Shah trading as Crystal Financial Solutions, Middlesex, neglected to pay £941.65 to a worker
  • Counted4 Community Interest Company, Sunderland, neglected to pay £930.73 to a worker
  • HAE Automotive Services Ltd, Harrogate (ceased trading), neglected to pay £798.16 to a worker
  • Vision on Digital Ltd, Ossett, neglected to pay £683.86 to a worker
  • Ultimate Care UK Ltd, Ipswich, neglected to pay £613.79 to 7 workers
  • Century Motors (Sheffield) Ltd, Sheffield, neglected to pay £571.72 to a worker
  • Mr D Eastwell & Mr G Brinkler trading as The Salon, Letchworth Garden City, neglected to pay £409.85 to a worker
  • Rumble (Bedworth) Ltd, Nuneaton, neglected to pay £404.41 to a worker
  • Shannons Ltd, Worthing neglected to pay £313.76 to a worker
  • Holmes Cleaning Company, Worksop neglected to pay £240.48 to a worker
  • Learnplay Foundation Ltd, West Bromwich, neglected to pay £224.73 to a worker
  • Adrien Mackenzie trading as Maverick Models, Manchester, neglected to pay £205.52 to a worker
  • QW Security Ltd, Hartlepool, neglected to pay £126.20 to a worker

The 37 cases named today were thoroughly investigated by HM Revenue and Customs after workers made complaints to the free and confidential Pay and Work Rights Helpline.

The scheme was revised in October 2013 to make it simpler to name and shame employers that do not comply with minimum wage rules, but the GMB trade union  says the enforcement rules should also be changed so that trade unions can make complaints to HMRC on behalf of members.

Commenting on the latest announcement Martin Smith, GMB National Organizer, said: “Far too few wage-dodging employers not paying the national minimum wage have been bought to justice. Government needs to make a real commitment to making work pay by more aggressively seeking out offenders to prosecute them. The enforcement rules should also be changed so that trade unions can make complaints to HMRC on behalf of members.

“As part of the public disgracing for the firms named GMB is calling for the directors of these companies to be placed on a “wage offenders register” at Companies House and be deemed an unfit person to hold any further directorships.

“There needs to be a recognition that a national minimum wage of £6.50 is near impossible to live on as it is without relying on state benefits. There are bucket loads of evidence that an uplift of at least 50p per hour would help the low paid and start to stimulate the economy and that all the big firms including the retailers can afford it.

“There is no justification for the national minimum wage not keeping up with inflation. The Low Pay Commission should recommend a rate of at least £7 per hour from October 2014 to make up the ground lost since 2006.

“It is time for the Low Pay Commission to do what it says on the tin – fight for the low paid.”