TUC: We will defend the right to strike at all costs

‘Make no mistake – this is one of the most pernicious pieces of union-bashing legislation you will ever see’

The ongoing Conservative Party psycho-drama has dominated the headlines over the last few weeks (writes TUC General Secretary PAUL NOWAK).

While it has been good to see Boris Johnson finally held accountable, it’s meant that many important issues have slipped under the radar.

The Strikes Bill returns to parliament today (23 June). It won’t get anywhere near the coverage of the vote on the Privileges Committee report, but it should.

Make no mistake – this is one of the most pernicious pieces of union-bashing legislation you will ever see.

And the TUC is by no means alone in saying this.

Over the weekend the UN workers’ rights watchdog, the ILO, demanded that the UK bring trade union rights into line with international law.

In a rare intervention, it instructed UK ministers to “seek technical assistance” from the body and to report back to the ILO in September.

The last time the ILO issued this type of rebuke to the UK was in 1995.

Litany of critics

The spiteful legislation has faced a barrage of criticism from employers, civil liberties organisations, the joint committee on human rights, House of Lords Delegated Powers and Regulatory Reform Committee, race and gender equalities groups, employment rights lawyers, politicians around the world – as well as a whole host of other organisations.

It is no surprise that this Bill has upset and enraged so many.

The UK already has the most restrictive anti-strikes legislation in Western Europe. And these reforms will take the country in an even more draconian direction.

That would mean that when workers lawfully vote to strike in health, education, fire, transport, border security and nuclear decommissioning, they could be forced to attend work – and sacked if they don’t comply. 

As the TUC has repeatedly warned the Strikes Bill is undemocratic, unworkable and almost certainly illegal.

Far from preventing strikes, the Bill will poison industrial relations and escalate disputes.

And for what? So Rishi Sunak can throw some red meat to his backbenchers and look tough to his ungovernable party.

Next steps

So where do we go from here?

The Strikes Bill is back in the Commons after a series of bruising defeats in the Lords.

The government will whip its MPs to vote down much-needed amendments as they try and fast-track the legislation onto the statute books.

Our challenge remains the same. Unions will continue to fight the Bill at every stage and will not rest until these poisonous reforms are defeated, and if passed into law, repealed by the next Labour government.

Last summer, ministers changed the law to allow agencies to supply employers with workers to fill in for those on strike. Unions are currently challenging the change in courts – with a judgment expected soon.

The right to strike is a fundamental British liberty that is vital for the balance of power in the workplace.

We must defend it at all costs. And as I told a TUC rally last month, we are also very clear that we will stand by any worker who exercises their fundamental right to strike.

Letters: The Propertied Class

Dear Editor

We have to ask:

  1. Whe did the propertied class begin to clear the land of the people?
  2. Howlong did ot take and is it now completed?
  3. What was the timescale between clearances and the industrial expansion?

We know that following the industrial expansion the working class became wage labourers, their working time and hours under the tight control of the propertied class. It still remains that this is the source of the power of the propertied class.

The length of the working day/week/the shift work/all variations of day work/night work are still owned and controlled by the propertied class.

Finally, everything that is made becomes the outright property of this class solely.

But we have seen a degree of organisation of the working class in the formation of the Trade Unions, for example. They fight to reduce the amount of people’s time stolen by the propertied class.

The struggle continues!

TONY DELAHOY

Silverknowes Gardens

Save Our Care Homes: protest lobby at City Chambers tomorrow

UNISON will be holding a static lobby outside the Edinburgh City Chambers tomorrow (Tuesday 17th August) from 9.30am to coincide with the meeting of the Edinburgh Integrated Joint Board (EIJB) meeting taking place at 10am.

Although this meeting will not be making a final decision on care home closures, they will be planning to move forward with wider consultation on the issue, with the purpose of coming to a decision at a meeting in September.

It was UNISON’s quick actions that ensured the EIJB did not move forward with the proposed closures at their meeting on 22nd June 2021.

UNISON will be making a deputation to the meeting tomorrow and will be calling for:

  • the saving of our care homes;
  • meaningful engagement with the trade unions;
  • call for proper impact assessments; and
  • the need to have a wide-ranging meaningful public consultation.

UNISON want care homes to remain run by and for the public and not run by private companies for private profit.

If publicly owned and run care homes are not up to standard, then investment in adaptation, or the building of new care homes must be done to ensure that any demand can be met.

Staff in care home must be paid a decent wage, have access to developmental training and feel secure in their employment.

The lobby outside the City Chambers on Tuesday 17th August is only part of the union’s campaign to ‘Save Our Care Homes’ and UNISON plan to build to a bigger event for the September meeting.

You can sign UNISON’s petition here and click here for a link to a ready-made email to your MSP.

The Another Edinburgh is Possible campaign group is also urging the capital’s citizens to support the fight against care home closures:

‘Join the protest rally outside the City Chambers as the Edinburgh Integrated Joint Board meets on Tuesday 17th August. It’s likely that the board will hold a special meeting in September to make the decision to close 5 out of the 9 local authority care homes in Edinburgh.

‘We want to build a campaign that is so strong that when that meeting takes place the board has no option but to drop its’ closure plans. Three Edinburgh City Councillors sit on the board. We’ve written to the leaders of all five party groups on the council demanding that their group takes a clear and unambiguous public position in opposition to the closures.’

First Minister to meet trades unions to discuss fair recovery

First Minister Nicola Sturgeon and representatives from Scotland’s trades unions led by STUC General Secretary Rozanne Foyer will meet later today (Thursday 12 August) to discuss key issues affecting workers as Scotland recovers from the coronavirus (COVID-19) pandemic.

Matters such as the need for the UK Government to extend the furlough scheme and reverse plans for damaging cuts to Universal Credit that will see households lose out on over £1,000 per year are on the agenda, as well as discussions on how to ensure workers’ needs are protected as Scotland’s economy undergoes transformation to net zero.

The Scottish Government has written to the UK Government on seven occasions to call for the £20-per-week uplift to Universal Credit to be made permanent and extended to legacy benefits.

Analysis from the Joseph Rowntree Foundation indicates that cutting Universal Credit at the end of September will pull 500,000 people across the UK, including 200,000 children, into poverty.

Speaking ahead of her biannual meeting with the STUC, First Minister Nicola Sturgeon said: “We are committed to a just transition to net zero, making sure we don’t leave individuals or communities behind – and we must ensure we incorporate the same fairness as we emerge from the pandemic to deliver greater, greener and fairer prosperity as the economy recovers.

“Partnership with unions is key to making sure that workers are represented as part of that process, therefore communication and collaboration between unions and Government is absolutely essential.

“How we emerge from the pandemic – and support workers and employers through that economic recovery – will not only be crucial to safeguarding the livelihoods of people hit hardest by the impacts of COVID, but will inform our work as we plan for a just transition to a net zero economy.

“As economic activity is restored, businesses and workers will still require support from the furlough schemes as they move through recovery. Our focus is on helping them to doing this.

“Not all of the levers are in our hands however, and clarity is urgently needed from the UK Government on whether it will reverse its plans for harmful welfare cuts, extend furlough, and protect jobs as restrictions ease and the economy recovers.

“If not we must see the detail on what support will be put in place to ensure those hit hardest by the economic impacts of COVID aren’t left out in the cold.”

STUC General Secretary Rozanne Foyer said: “We are meeting the First Minister at a critical moment. Our focus is on building a recovery from COVID that creates a more equitable Scotland with fair work as a driver of economic transformation and sustainable economic growth. To achieve this and to bring about a just transition we need to create well-paid, unionised, green jobs in the public and private sectors.

“Our priorities include public sector pay, transport and a future Scottish National Care Service and we look forward to raising these issues with the First Minister.

“We share the Scottish Government’s call for an extension of the furlough scheme, for the £20-per-week uplift to Universal Credit to be made permanent and for the devolution of further borrowing powers to drive a fair recovery.”

Tolpuddle Martyrs Festival goes online

The event will now be live streamed on Facebook and Youtube with attendees also able to join in with the many festival activities throughout the weekend. The annual trade union festival normally held in Tolpuddle, Dorset will still run from Friday 17th – Sunday 19th July.

This year’s Tolpuddle Martyrs’ Festival has been moved exclusively online, organisers have confirmed today.

The South West TUC is making the virtual event as similar as possible to the original, complete with debates, films, comedy, music, a kids’ area, and a virtual procession on the Sunday afternoon.

The event, held in Dorset every July to commemorate the six farm workers transported to Australia after forming a union, was cancelled because of the coronavirus crisis. 

The virtual festival, held on the same days as the original (July 17, 18 and 19) will be live-streamed across various digital platforms. For exclusives and teasers in the run-up to the festival, organisers are inviting attendees to join the Tolpuddle Martyrs Festival Facebook group

Tolpuddle [is] more than simply music and politics. It’s a gathering of like-minded people and a joyous celebration of trade union solidarity.

Festival organiser and Regional Secretary of the TUC South West Nigel Costley said: “Tolpuddle has always been more than simply music and politics. It’s a gathering of like-minded people, a joyous celebration of trade union solidarity – and that’s what we’re hoping to reflect online.

“We have a full programme of topical debates, a full programme of films and a full programme of music ranging from those who would have played this year’s event to those who we welcome back from previous festivals – all performing exclusive sets for us.

“We’ll also be covering the wreath-laying, interviewing stall-holders and encouraging families to design banners so they can join the virtual procession on Sunday afternoon.

“The whole event will be compered by familiar faces from the festival to add that special Tolpuddle touch.”

Keep an eye on the Facebook page for announcements of speakers and artists.

“We have some special surprises in store,” said Nigel Costley.

The festival is free to attend for all. Visit www.tolpuddlemartyrs.org.uk for more information.

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.”

Thirty thousand respond to Zero Hours Contract consultation

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

workers

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.”

worker

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’.