Tag: workers rights

Unions, lawyers and rights groups slam UK Government’s decision to reintroduce tribunal fees

Nearly 50 organisations including the TUC, Citizens Advice, Joseph Rowntree Foundation, Fawcett Society, Maternity Action, Women’s Budget Group and Liberty call on government to reconsider its plans

Unions, legal networks and rights organisations have today (Monday) slammed the government’s decision to reintroduce employment tribunal fees. 

In a joint statement penned by 48 organisations and campaigners including the TUC, Citizens Advice, Maternity Action, Women’s Budget Group, Liberty, Joseph Rowntree Foundation, Fawcett Society, Mother Pukka, the groups call on the government to urgently reconsider its plans. 

In 2017, after Unison brought a legal challenge, the Supreme Court quashed the previous tribunal fees regime because it “effectively prevents access to justice and is therefore unlawful.”  

The joint statement says the decision will put yet another hurdle in front of those seeking justice, highlighting the existing barriers working people face including: 

  • Lack of awareness of key employment rights and the process for bringing a claim.  
  • Strict time limits on filing claims.  
  • An under-resourced employment tribunal system leading to significant delays in cases being heard.  
  • An under-funded labour market enforcement system that doesn’t have enough inspectors to proactively enforce employment rights. 

The groups say that introducing fees will encourage exploitation of workers: 

“We believe this will deter many from lodging worthy claims and gives a green light to bad employers to exploit their workers. 

“Bad employers are being given the go-ahead to undercut good ones, safe in the knowledge they are less likely to face claims in the employment tribunal.  

“Employment rights are only real if they are enforced. Tribunal fees risk pricing many workers out of workplace justice.” 

They raise concerns about the impact on workers in the middle of a cost of living crisis: 

“Workers seeking recovery of wage theft, unpaid redundancy pay and compensation for unfair dismissal are to be asked to stump up extra money at an incredibly tough moment in their lives.  

“Fee exemption procedures are complex and difficult to understand for many, especially within the three months’ time limit for most claims. 

“Fees are also being levied at a time when rising inflation and subdued wages are putting pressure on family budgets. Access to justice must never be contingent on your ability to pay.” 

And they warn that those at the sharp end includes workers already at high risk of mistreatment 

“Tribunal fees risk pricing many workers out of workplace justice, especially workers at greater risk of employment law violations such as pregnant workers, disabled workers and migrant workers.” 

TUC General Secretary Paul Nowak said: “All working people should be able to enforce their rights. But introducing fees for tribunals puts yet another hurdle in the way of those seeking justice at their most vulnerable moment. 

“The Conservatives have already tried this and failed. Last time they introduced tribunal fees, claims dropped by two-thirds. And the Supreme Court threw fees out – saying they interfered with access to justice. 

“That should have been the nail in the coffin for these cynical plans, but ministers have decided to side with bad bosses over workers and resurrect employment tribunal fees. 

“Employment tribunal fees give employers a pass to exploit workers – whether it’s discrimination, unfair sackings or withheld wages. 

“Working people shouldn’t be picking up the bill for exploitative employers’ poor behaviour. It’s plain wrong. Ministers must halt their plans without delay.” 

Rosalind Bragg, Director at Maternity Action Group, said:  “For pregnant women and new mothers in the cost of living crisis, every penny counts.  Charging fees for employment tribunal claims puts the justice system out of reach for women at a time when they are most in need of protection. 

“If the Government is serious about stamping out maternity discrimination, they should be reducing barriers to justice not increasing them. Fees will reduce the deterrent effect of the employment tribunal, reassuring bad employers that they can get away with breaking the law. 

“We have laws in place to secure equal treatment of pregnant women and new mothers at work but these are ineffective without the robust operation of the employment tribunal. 

“Fees are a step backwards in the fight for gender equality.” 

The Joint Statement reads: 

As organisations that advocate for workers’ ability to enforce their rights, we strongly oppose the government’s plans to impose fees on people who file an employment tribunal claim. 

Following a landmark victory by trade union UNISON, the previous employment fees regime was ruled unlawful by the Supreme Court due to its restriction on access to justice and discriminatory impact. 

It appears the government is intent on repeating the mistakes of the past. 

We believe reintroducing tribunal fees would block many from lodging worthy claims and give a green light to bad employers to exploit their workers. 

There are already considerable barriers to those seeking justice at work: 

  • An under-resourced employment tribunal system leading to significant delays in cases being heard. 
  • An under-funded labour market enforcement system that doesn’t have enough inspectors to proactively enforce employment rights. 
  • Lack of awareness of key employment rights. 
  • A complicated process for bringing a claim. 
  • Difficulty in accessing legal support. 
  • Strict time limits on filing claims. 

Workers seeking recovery of wage theft, unpaid redundancy pay and compensation for unfair dismissal are to be asked to stump up extra money at an incredibly tough moment in their lives. Fee exemption procedures are complex and difficult to understand for many, especially within the three months’ time limit for most claims. 

Fees are also being levied at a time when rising inflation and subdued wages are putting pressure on family budgets. Access to justice must never be contingent on your ability to pay. 

Meanwhile bad employers are being given the go-ahead to undercut good ones, safe in the knowledge they are less likely to face claims in the employment tribunal. 

Employment rights are only real if they are enforced. Tribunal fees risk pricing many workers out of workplace justice, especially workers at greater risk of employment law violations such as pregnant workers, disabled workers and migrant workers. 

We urge the government to reconsider its plans. 

Signatories: 

Trades Union Congress 

Focus on Labour Exploitation (FLEX) 

Maternity Action 

Pregnant Then Screwed  

Young Women’s Trust (Clairee Reindorp, CEO) 

Liberty 

Mother Pukka, Anna Whitehouse 

Inclusion London 

BARAC UK  

Citizens Advice 

Anti Trafficking and Labour Exploitation Unit (ATLEU) 

The William Gomes Podcast  

After Exploitation 

Latin American Women’s Rights Service (LAWRS) for Refugees 

Migrant Voice 

Kalayaan 

Work Rights Centre 

Southeast and East Asian Centre (SEEAC) 

Kanlungan Filipino Consortium 

Immigration Law Practitioners’ Association (ILPA)  

Community Policy Forum 

Right to Remain 

Advice Services Alliance 

Anti-Slavery International 

Migrants’ Rights Network 

Disability Rights UK 

Legal Action Group 

Protect 

Fawcett Society 

Your Employment Settlement Service 

Just Fair 

Labour Behind the Label 

Legal Aid Practitioners Group 

Highfields Centre  

War on Want 

The Joint Council for the Welfare of Immigrants (JCWI) 

Anti-Trafficking Monitoring Group (ATMG) 

Equally Ours 

Snowdrop Project 

Haldane Society of Socialist Lawyers  

Roma Support Group 

No Sweat 

Free Representation Unit 

Hope for Justice 

Greater Manchester Law Centre 

Joseph Rowntree Foundation 

Rights of Women 

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

Festive bonus as UK Government progresses on workers’ rights package

Government sets out the next stages for a number of new Workers’ Rights Acts to support UK workers

  • UK Government sets out next steps to improve the lives of workers across the UK
  • Benefits include tips worth £200 million a year in the pockets of hardworking people and more say over working patterns
  • Government ‘also backing British workers’ by introducing the biggest ever increase to the National Living Wage

Millions are set to benefit as the Westminster government sets out the next stages for a number of new Workers’ Rights Acts – giving more money and more say back to UK workers.

Benefits range from £200 million more back in the pockets of hard-working people, to greater flexibility over when, where and how you work.

Business and Trade Minister Kevin Hollinrake said: “As we approach Christmas, it’s more vital than ever that we do what we can to support workers and families across the country.

“I’d like to encourage businesses to be as flexible as possible and give their hard-working employees the tips they deserve.

“I want to thank the MPs who brought forward this legislation to support hard working families and shape the UK’s outstanding workers’ rights record.”

The Employment (Allocation of Tips) Act 2023, which became law in May this year, requires employers to pass all tips on to workers.

Most employers already pass on tips to the staff who earn them. However, there are still some unacceptable tipping practices by unscrupulous employers, which must be stopped.

Christmas is an incredibly busy season for hospitality workers, and usually a time of year when customers are more generous with their tips. All employees deserve to receive their fair share of tips, so the Government has launched a public consultation on the Tipping Act’s Code of Practice to gain feedback from employers, workers and other stakeholders on the fair and transparent distribution of tips.

Acas Chief Executive Susan Clews said: “The shift in recent years towards increased use of flexible working by organisations has allowed more people to better balance their working lives and enabled employers to attract and retain skilled staff.

“Acas has recently consulted on a new draft Code of Practice which outlines good practice around requests for flexible working and explains the forthcoming changes in the law to employers and employees.”

New rights to protect new parents from redundancy, give carers extra support and help all employees work flexibly are also a step closer as government has laid legislation with plans for the measures to come in next spring.

These measures will improve the lives of hard-working families across Britain, aiding workers who have caring responsibilities or parents at risk of redundancy and ensuring everyone is able work as flexibly as needed into the new year.

An extra 2.6 million workers across the UK will benefit from the removal of the 26 week qualifying period that is currently required before making a flexible working request.

Those with caring responsibilities will also be entitled to a brand new employment right to a week’s leave to care for a dependent.

Redundancy protections are also being extended to cover pregnancy, as well as to new parents.

The UK Government is are also backing British workers by introducing the biggest ever increase to the National Living Wage, worth over £1,800 a year for a full-time worker, fulfilling the pledge to end low pay.

When this increase comes into effect in April, the National Living Wage will be worth nearly £21,000 a year for a full time worker – almost double, in cash terms, the amount which a full time worker on the National Minimum Wage earned in 2010.

For the first time, 21 years olds will be legally entitled to the National Living Wage, which is set to reach two-thirds of average earnings.

A new approach to work

Paper outlines plans for fairer labour market

A new single rate for the national minimum wage to reflect the increased cost of living, and more effective employment law to protect workers’ rights underpin plans to build a fairer labour market in an independent Scotland, according to Deputy First Minister John Swinney.

Following publication of the paper Building a New Scotland: A stronger economy with independence, Mr Swinney said the powers of independence would allow the Scottish Government to build a fairer, more equal future for all workers. This includes new measures to improve access to flexible working and better industrial relations.

Deputy First Minister John Swinney said: “Improving job security, wages and work-life balance are essential to delivering a more socially just Scotland. The UK labour market model has generated high income inequality while failing to drive productivity growth.

“Compared to independent European countries similar to Scotland, the UK has a higher prevalence of low pay, a bigger gender pay gap, longer working hours and significantly lower statutory sick pay.

“The Scottish Government is committed to Fair Work, but we could go much further to strengthen that agenda in an independent Scotland, developing a legal framework that more effectively addresses the workplace challenges of the 21st century. It would give us an opportunity to redesign the system to better meet the needs of Scotland’s workers and employers.”

Specific measures proposed in the paper include:

  • establishing a Scottish Fair Pay Commission to lead a new approach to setting a national minimum wage, working with employers, trade unions and government
  • improving pay and conditions with a single rate minimum wage for all age groups and better access to flexible work to help parents and carers
  • repealing the UK Trade Union Act 2016 as part of developing an approach to industrial relations which suits both workers and employers
  • introducing a law to help workers organise co-operative buyouts or rescues when a business is up for sale or under threat
  • legislating to support workers in precarious employment, and banning the practice of staff being made redundant and re-hired on reduced wages and conditions
  • increasing transparency in pay reporting and data to address gender, ethnicity and disability pay gaps and building on Scottish Government work to break down barriers to employment

The paper outlines how it would be easier for an independent Scotland to deal with labour market shocks.

In responding to the global financial crisis and pandemic, other countries were able to quickly draw on existing institutions and initiatives. This could include a permanent short-time working scheme, modelled on the German Kurzarbeit programme which provides compensation for private sector workers whose hours are reduced because of economic difficulty. A scheme like this in Scotland could help retain skills, reduce long-term unemployment and the associated costs and allow for more rapid economic recovery.

Job Security Councils, modelled on a Swedish initiative, could provide support to workers who have lost – or are at risk of losing – their jobs. These non-profit foundations led by social partners, employer representative bodies and trades unions, would help workers find new employment by providing a range of advice and high-quality retraining.

Building a New Scotland: A stronger economy with independence is the third paper in the Building a New Scotland series which will form a prospectus to enable people to make an informed choice about Scotland’s future before any referendum on independence takes place.

Fighting to protect the right to strike

Eleven trade unions, coordinated by the TUC and represented by Thompsons Solicitors LLP, have began legal proceedings to protect the right to strike.

The unions – ASLEF, BFAWU, FDA, GMB, NEU, NUJ, POA, PCS, RMT, Unite and Usdaw – have taken the case against the UK government’s new regulations which allow agency workers to fill in for striking workers and break strikes.

The unions come from a wide range of sectors and represent millions of workers in the UK.

The unions argue that the regulations are unlawful because:

  • The then Secretary of State for business failed to consult unions, as required by the Employment Agencies Act 1973.
  • They violate fundamental trade union rights protected by Article 11 of the European Convention on Human Rights. 

The change has been heavily criticised by unions, agency employers, and parliamentarians.

The TUC has warned these new laws will worsen industrial disputes, undermine the fundamental right to strike and could endanger public safety if agency staff are required to fill safety critical roles but haven’t been fully trained. 

The Recruitment and Employment Confederation (REC), which represents suppliers of agency workers, described the proposals as “unworkable”.

The Lords Committee charged with scrutinising the legislation said “the lack of robust evidence and the expected limited net benefit raise questions as to the practical effectiveness and benefit” of the new laws.

The TUC also recently reported the UK government to the UN workers’ rights watchdog, the International Labour Organization (ILO), over the recent spate of anti-union and anti-worker legislation and proposals, including the government’s agency worker regulations, which it says are in breach of international law. 

TUC affiliated unions UNISON and NASUWT are also launching separate individual legal cases against the government’s agency worker regulations.

TUC General Secretary Frances O’Grady said: “The right to strike is a fundamental British liberty. But the government is attacking it in broad daylight.

“Threatening this right tilts the balance of power too far towards employers. It means workers can’t stand up for decent services and safety at work – or defend their jobs and pay.

 “Ministers failed to consult with unions, as the law requires. And restricting the freedom to strike is a breach of international law.

 “That’s why unions are coming together to challenge this change in the courts.

 “Workers need stronger legal protections and more power in the workplace to defend their living standards – not less.”

Richard Arthur, Head of Trade Union Law at Thompsons Solicitors LLP, said: “The right to strike is respected and protected by international law including the Conventions of the ILO, an agency of the United Nations, and the European Convention on Human Rights.

“The Conservative government should face up to its legal obligations under both domestic and international law, instead of forever trying to undermine the internationally recognised right to strike.”

The TUC’s annual Congress has been rescheduled for 18-20 October 2022 following the death of Queen Elizabeth. The three-day event will take place at the Brighton Centre.

Fossil fuels driving extreme heat and climate breakdown

Environmental campaigners have commented on the extreme weather conditions in the UK. 


Friends of the Earth Scotland Head of Campaigns Mary Church said: “The extreme heat we are experiencing in Scotland, throughout the UK and Europe is one of the many frightening faces of climate change.

“We must be absolutely clear that the impacts of this heatwave on people’s health and wellbeing, on the NHS, on public transport, on the economy are the result of the continued burning of fossil fuels. Climate breakdown is here, it is deadly serious and it will get much worse unless we act urgently to end our reliance on oil and gas.

“The immediate focus should be ensuring that people are kept cool and safe through this period of record-breaking heat. But once it passes, politicians must get serious about stopping the causes of the crisis and about adapting to the increasingly extreme climate impacts that are already locked in due to our leaders’ inadequate action to date.

“Burning fossil fuels is the primary driver of climate breakdown so we must rapidly phase out North Sea oil and gas production, as part of a just transition to a renewable-powered economy with decent green jobs and affordable energy for all.

“The time for rhetorical climate leadership is long past – we need action not words and we need it now.”

Scottish Govt: caution advised in extreme heat

Amber weather warning resilience arrangements remain in place in Scotland today.

People are being asked to consider whether they need to travel and to plan ahead before making any journeys as Scotland copes with the impact of extreme heat.

Justice Secretary and lead minister for resilience Keith Brown has chaired a Scottish Government Resilience Committee meeting (SGoRR) to monitor the impacts of the Met Office Amber warning, while Transport Scotland’s resilience room is closely monitoring impacts across the transport network

The Amber warning has been extended further northeast and now includes Dundee, Edinburgh, the Lothians, Fife, Perth, Clackmannanshire, Falkirk and eastern parts of Lanarkshire as well as the Scottish Borders and Dumfries and Galloway. The warning is currently in force and will last until 23.59 on Tuesday 19 July.

Mr Brown also attended the latest Cabinet Office Briefing Room (COBR) meeting.

He said: “Following the weather warnings, our resilience arrangements have been activated. We are receiving regular updates from partners including Transport Scotland, the Met Office, the NHS and emergency services and we’ll continue to closely monitor developments.

“I would urge people to think about whether they need to travel and if they do, make sure they’re properly equipped, and plan their journey in advance. Rail passengers and drivers should make sure they have water, sunscreen, hats and sunglasses and have a fully charged phone in case of any difficulties. Any drivers who face breakdowns should seek a safe, shady place, and stay hydrated.

“When temperatures increase, it’s important to monitor forecasts and follow public health advice, including staying hydrated and drinking plenty of fluids and avoiding excess alcohol. People should also look out for vulnerable family, friends and neighbours, as older people, those with underlying conditions and those living alone may struggle to keep cool and hydrated.

“Water safety incidents and drownings increase in hot weather and it’s vital that people are aware of the dangers and use supervised beaches and pools when possible – follow the Water Safety Code and in an emergency call 999. People should also be aware of the dangers of wildfires.”

TUC: Urgent heatwave warning to union reps and workers

With the Met Office issuing its first “Red Extreme” and “danger to life” heat warning for Monday (18) and Tuesday (19), and temperatures in some places reaching 40°C, the TUC is calling on bosses to make sure workers are protected from the sun and the heat.

Workers should be aware that employers have a duty of care, and a legal obligation to protect their health, ensuring working temperatures are reasonable, comfortable and safe.

These temperatures present a serious risk of sunstroke, heat stress and sunburn. Working in hot weather can also lead to dehydration, tiredness, muscle cramps, rashes, fainting, and – in the most extreme cases – loss of consciousness.

If a colleague becomes confused or agitated, loses consciousness, or is unable to drink, seek urgent medical attention.

Outdoor work

Employers must work with union health and safety reps to introduce measures to protect their staff who work outdoors when the temperatures rise, including:

  • Avoiding outside tasks between 11am – 3pm when temperatures, and risks, are highest.
  • Provide sunscreen and advice on the need for protection, available in other languages for migrant workers where relevant.
  • Allow staff to take plenty of breaks and provide a supply of drinking water.
  • Provide canopies or covering over open areas and shaded areas for breaks.
  • Provide lightweight protective clothing, including hats.

Driving

The heat can be dangerous for workers whose jobs involve driving, as any driver suffering from fatigue is a risk to themselves and other people. vehicles used for long journeys should be temporarily taken out of use if they cannot sustain a reasonable temperature, e.g. they do not have air conditioning.

Indoor work

Indoor workplaces could also become dangerously hot, and TUC advice is that nobody should be working indoors where temperatures exceed 30°C. At 24°C employers must take action to cool the air, and other measures including:

  • Using fans or other mechanisms to cool the air, as well as adequate ventilation.
  • Relaxing dress codes and uniform policies.
  • Allowing rest breaks and adjusting shifts to avoid travelling in peak heat.
  • Moving workspaces away from windows and other heat sources, using blinds to block out sun.
  • Providing cool drinking water.

Maximum temperatures

Employers must ensure working temperatures are “reasonable”. The TUC believes employers must take action when indoor temperatures exceed 24°C, with 30°C being an absolute maximum – certainly no longer “reasonable”.

Guidance elsewhere states:

  • In the US regulations say working temperatures should not go beyond 24°C
  • Spain has strict guidelines on working temperature: it must not go beyond 27°C indoors or 25°C for physical activity.
  • In Germany, 26°C is generally considered the maximum for indoor work.
  • In China, when temperatures reach 37°C outdoor work is banned during the hottest three hours of the day, and at 40°C it must stop altogether.
  • In the UAE, outdoor work is banned entirely between the hours of 12:30 and 15:00 when it’s hottest.

SPF is PPE

Personal Protective Equipment is defined as “all equipment which is intended to be worn or held by a person at work and which protects him against one or more risks to his health or safety, and any addition or accessory designed to meet that objective.”

Sunburn and complications resulting from UVA radiation are a known risk to health, and outdoor workers are already three times more likely to develop skin cancer than the general working population. Sunscreen creates a barrier between the worker and the risk, and as such should be considered personal protective equipment.

Employers should provide sunscreen with a factor of at least 30, made available free of charge to all workers whose work involves outdoor activities.

Excuses such as allergies should be dismissed. Workers can be allergic to any number of ingredients, fabrics or materials used in equipment, for example hand sanitsier.

Refusal by a worker to wear PPE on that basis is valid. Refusal by the employer to supply it to the wider workforce is not.

The right to refuse

Section 44 of the Employment Rights Act 1996 provides workers protection from detriment (i.e. dismissal, disciplinary or a pay cut) if they withdraw from and to refuse to return to a workplace that is unsafe.

Workers are entitled to remain away from the workplace if – in their opinion – the prevailing circumstances represent a real risk of “serious and imminent danger” which they could not be expected to avert.

The TUC says workers should seek advice from their union before using their rights under Section 44.

TUC demands assurances over Rees-Mogg’s “reckless” post-Brexit plans

The TUC has demanded that hard-won workers’ rights will be protected after reports emerged suggesting that Jacob Rees-Mogg is drawing up a list comprising over 1,000 EU-derived regulations to be ripped up.

The TUC says it received a letter from the business secretary Kwasi Kwarteng in February 2022 which promised “there is no government plan to reduce workers rights”, after the union body had called for guarantees following the start of a review into EU-retained law.

The union body is calling for fresh assurance in the wake of new reports.

The TUC previously commissioned the legal help of Michael Ford QC to examine the rights at risk post-Brexit, including those strengthened by EU law. The rights include, among others:

  • Holiday pay
  • Equal pay for men and women
  • Parental leave
  • Equal treatment for part-time workers

These rights provide an essential protection against the erosion of working conditions, which are already under threat. Women living in North East Somerset currently earn an average of just 56.6% of the earnings of their male counterparts; the TUC South West region warns that without essential EU legislation, conditions such as these could erode even further, becoming harder to rectify.

The reports suggest that the bill will “fast-track” repealing regulations. The TUC says this could see some essential rights removed or watered down without proper parliamentary scrutiny.

The prime minister has promised to protect and enhance workers’ rights post-Brexit on numerous occasions.

In addition to the threat to “essential” workplace rights, the TUC points to the EU Commission’s proposals to strengthen the rights of platform workers, which shows how the UK is already at risk of falling behind our European counterparts on workers’ rights a year into Brexit.

TUC South West Regional Secretary Nigel Costley said: “Workers in North East Somerset, as across the UK, will feel the hit if Mr. Rees-Mogg is allowed to treat essential workplace protections as so-called ‘burdens of regulation’.

“Protections such as holiday entitlement, parental leave, equal pay, and equal treatment for part-time workers are essential to our wellbeing and quality of life. These are the very rights which are protected by retained EU law.

“This reckless, sweeping proposal treats all EU legislation with one brush, and if allowed to go ahead without scrutiny would be a shameful dismissal of conditions that workers depend on. We would hope Rees-Mogg wouldn’t stoop to this level of contempt for working people, especially those in his own constituency.

“This government has promised to ‘protect and enhance’ workers’ rights after Brexit; it is time that they make good on those promises.” 

Queen’s Speech: Broken promise on employment bill will see “bad bosses celebrating”

The TUC yesterday accused the government of “turning its back” on working people after ministers failed to include an employment bill in the Queen’s Speech.

  • Vital rights ministers had promised like default flexible working, fair tips and pregnancy discrimination protections risk being ditched “for good” 
  • New seafarer minimum wage plans are “unworkable” and won’t prevent a repeat of P&O, warns union body 

The TUC has accused the government of “turning its back” on working people after ministers failed to include an employment bill in the Queen’s Speech. 

The union body said that the government’s broken promise to boost workers’ rights will see “bad bosses celebrating”. 

In 2019, the government announced it would bring forward a new employment bill to improve people’s rights at work, but despite committing to the bill on at least 20 occasions, ministers have shelved the legislation.  

Commenting on the decision to exclude an employment bill from yesterday’s Queen’s Speech, TUC General Secretary Frances O’Grady said: “The prime minister promised to make Britain the best place in the world to work. But he has turned his back on working people. 

“Today, bad bosses up and down the country will be celebrating. 

“No employment bill means vital rights that ministers had promised – like default flexible working, fair tips and protection from pregnancy discrimination – risk being ditched for good. 

“And it means no action on the scourge of insecure work and ending exploitative practices like zero-hours contracts and fire and rehire. 

“After the P&O scandal, dragging our outdated labour laws into the 21st century has never been more urgent. 

“But by shelving the employment bill, ministers have sent a signal that they are happy for rogue employers to ride roughshod over workers’ rights. 

“Enough is enough. This is a government that just doesn’t get it – from the cost of living emergency to the insecure work epidemic.  

“People can’t wait for greater rights and security at work – they need it now.” 

On the seafarer minimum wage enforcement plans, O’Grady added: “This proposal is feeble and likely unworkable. The government has done nothing to tackle the most flagrant labour abuse in years by  P&O.  

“Only stronger employment legislation that boosts worker protections and stops companies firing on the spot will prevent another P&O-type scandal.” 

The TUC says that the following policies were all promised within an employment bill, and are now risk being ditched altogether: 

  • Ensure that tips go to workers in full. 
  • Introduce a new right for all workers to request a more predictable contract. 
  • Create a new single enforcement body offering greater protections for workers. 
  • Extend redundancy protections to prevent pregnancy and maternity discrimination. 
  • Make flexible working the default unless employers have good reason not to. 
  • Allow parents to take extended paid leave for neonatal care. 
  • Introduce a new legal entitlement to one week’s leave for unpaid carers. 

In addition, the government consulted on reasonable notice period for shifts allocated and cancelled, and payments for cancelled shifts, which the TUC points out the government has “since gone quiet on.” 

The union body also highlights that the government promise to make employers responsible for preventing sexual harassment risks falling by the wayside without the employment bill, as the policy needs primary legislation to carry it forward.

In the notes to the 2019 Queen’s Speech, the government said it would bring forward the employment bill to:  

  • Protect and enhance workers’ rights as the UK leaves the EU, making Britain the best place in the world to work.  
  • Promote fairness in the workplace, striking the right balance between the flexibility that the economy needs and the security that workers deserve.  
  • Strengthen workers’ ability to get redress for poor treatment by creating a new, single enforcement body.  
  • Offer greater protections for workers by prioritising fairness in the workplace, and introducing better support for working families.  
  • Build on existing employment law with measures that protect those in low-paid work and the gig economy. 

In the 2019 Conservative manifesto, the following promises were made on employment rights:  

  • We will create a single enforcement body and crack down on any employer abusing employment law, whether by taking workers’ tips or refusing them sick pay.  
  • We will ensure that workers have the right to request a more predictable contract and other reasonable protections. 
  • We will encourage flexible working and consult on making it the default unless employers have good reasons not to.  
  • We have reformed redundancy law so companies cannot discriminate against women immediately after returning from maternity leave.  
  • We will legislate to allow parents to take extended leave for neonatal care, to support those new mothers and fathers who need it during the most vulnerable and stressful days of their lives.  
  • We will look at ways to make it easier for fathers to take paternity leave.  
  • We will extend the entitlement to leave for unpaid carers, the majority of whom are women, to a week. 

The UK has one of the best workers’ rights records in the world, says UK Government

The UK has one of the best workers’ rights records in the world. As a result of government action, there are now more employees on the payroll than ever before, as we continue to support workers and build a high skilled, high productivity, high wage economy.

The government has protected and enhanced workers’ rights by:

  1. Making sure 2.5 million people received a pay rise in April by raising the minimum and living wage. The largest ever cash increase to the National Living Wage will put over £1000 a year into a full-time workers’ pay packet, helping to ease cost of living pressures. We’re helping younger people too, by lifting the minimum wages for under-23s and apprentices.
  2. Leading the world with one of the highest minimum wages in the world – more generous than those in similar economies such as France, Germany and Japan.
  3. Holding UK businesses to account, ensuring employees are getting what they are owed. In December we named and shamed 208 employers who had failed to pay the minimum wage – taking the total number of employers named since 2014 to around 2,500. We made sure these companies paid back their employees and paid the price with hefty fines for law breakers. We have also quadrupled the maximum fine for employers who treat their workers badly.
  4. Giving the lowest paid in society more control over when and where they work. The government just this week announced it will extend the ban on using exclusivity clauses to contracts where a worker’s guaranteed weekly income is below the Lower Earnings Limit, which is currently £123 a week. This ensures an estimated 1.5 million people have the option to pick up extra work if they want to, further increasing flexibility.
  5. Tackling appalling business practices, such as P&O Ferries firing their employees without consultation. Reporting them to the insolvency service and taking an active role in ensuring they treat their workers fairly, we also recently committed to producing a statutory code on fire and rehire practices to strengthen the rights of all employees. This will clamp down on controversial tactics used by employers who fail to engage in meaningful consultations with employees before making changes to their contracts.
  6. Closing a loophole which sees agency workers employed on cheaper rates than permanent workers.
  7. Recognising the importance of flexible working arrangements by announcing a wide-ranging package of measures to help give employees more flexible working options in the future, including seeking views on making flexible working the default unless employers have good reason not to.
  8. Offering generous leave entitlements, continuing with our aim to make the UK the best place in the world to live and work. Workers get over 5 weeks of annual leave and a year of maternity leave, while the EU minimum for maternity leave is just 14 weeks.
  9. As part of this, we also brought into force a world first, giving parents a new legal right to 2 week’s paid bereavement leave for those who suffer the devastating loss of a child, irrespective of how long they have worked for their employer.
  10. Giving all workers the right to receive a statement of their rights from day one.
  11. Supporting workers throughout the pandemic, taking steps to protect the earnings of workers through furlough, including a new law to make sure furloughed employees who were made redundant received full redundancy payments.
  12. And of course, all this action to support workers’ rights has come alongside the government’s unprecedented £9bn package to support families with the cost of living, including a £150 council tax rebate, and a £200 energy bill discount to cut energy bills for the vast majority of households.

Scottish Secretary responds to Queen’s Speech

Scottish Secretary Alister Jack said: “This is a Queen’s Speech which delivers for Scotland and the whole of the UK.

“Measures in the Queen’s Speech will help us grow our economy, so we can continue to recover from the pandemic, tackle the rising cost of living and level up across the country.

“We will bring in a range of measures to make our country safer, from tackling state-sponsored espionage, to cracking down on modern slavery.

“We will show leadership with a series of ambitious reforms which will support citizens across the United Kingdom.

“We will continue to maximise the benefits of Brexit with legislation to cement our fantastic trade deals with Australia and New Zealand, and remove outdated EU laws. Outside of the EU, the UK will continue to prosper and thrive.”

TUC: A May Day to Remember

May Day is unique. It’s the day in the year when we celebrate the bonds that bring us together as workers and trade unionists. And the fundamental message of May Day – friendship between workers of all backgrounds and nationalities – resonates more strongly than ever before (writes TUC General Secretary FRANCES O’GRADY).

This year, I’m proud to be speaking at the Chesterfield May Day rally, organised by the brilliant local trades council. And I’ll be arguing that even amidst these tough times, by sticking together and organising together, working people can win together.

There’s never been more need for that unity and solidarity. The brutal war in Ukraine casts a terrible shadow. Tech change is transforming our economy and the jobs we do. And the climate emergency demands we get our act together on a just transition to net zero, with good, green, unionised jobs.

In Britain and right around the world, workers also face an intensifying cost-of-living crisis. Energy bills are now rising 14 times faster than wages. One in three parents with pre-schoolers spend over a third of their pay on childcare. And last week, the ONS found that a quarter of people are already struggling to make ends meet – and worse is on the horizon.

That’s why the TUC is demanding an Emergency Budget to boost workers’ incomes. From a real living wage and fair pay agreements to a decent rise for public sector workers, there’s plenty we can do. And action on the cost-of-living must include a windfall tax on the excess profits of the energy giants, alongside the equalisation of capital gains and income tax. It’s time to raise tax on wealth, not workers.

As workers struggle, the government is all over the place. Despite promising to upgrade our rights, ministers look set to delay the Employment Bill yet again.

For some reason, the Chancellor seems more concerned about defending legalised tax avoidance, such as non dom status, than real wages, benefits and living standards. And, as Partygate rumbles on, the PM is focused on saving on his own skin: the next “work-related” event he attends could be his own leaving do.

The recent scandal at P&O underlines why we need change. The no-notice sacking of 800 skilled seafarers, and their replacement with cheap agency labour, is gangster capitalism at its worst. I’ve been proud to speak at P&O rallies and take to the airwaves to demand the reinstatement of those workers – alongside tough action against P&O and parent firm DP World.

The TUC will always support workers taking action against injustice. Across the economy, from our railways to our universities, we’re seeing an upsurge in strikes as workers say: enough is enough. With our membership growing for each of the past four years, we are a movement on the front foot.

And on Saturday 18 June, trade unionists will be gathering in London for our national demonstration: We Demand Better. We’ll be demanding action on the cost of living, a decent pay rise for all, and a New Deal for working people. So spread the word among your friends, colleagues and members – book those coaches and trains – and let’s make this a real show of strength and unity.

Have a wonderful May Day – and solidarity to all.

Today (Sunday) is International Workers’ Day, an annual celebration of working people.

After two hard years, when many workers faced extraordinary challenges due to the pandemic, they now find themselves in the midst of a cost of living crisis.

The TUC is using today’s celebration to highlight the vital role unions play in helping their members gain fair pay rises through collective bargaining.

Unionised workers are paid on average five per cent more than other similar workers. This is equivalent to £1,285 a year based on the average wage.

TUC Deputy General Secretary Paul Nowak, who will speak at today’s May Day rally in Trafalgar Square,said: “International workers day should be a time to celebrate. And working people can be proud of how they have brought the nation through the pandemic.

“But they are now in another crisis. The cost of living is racing ahead of their pay. And our Conservative government is doing nothing to help them.

“Working people need the power of government on their side. We need an emergency budget to give direct support with surging bills. And ministers should give working people and their unions stronger powers to negotiate fair pay deals.

“Join us at our national march and rally on 18 June to demand better for working people. Better pay, better rights and a better voice at work through unions. Only stronger unions can deliver a new deal for working people. Whether it’s winning in the workplace, or influencing government, it’s unions that make the difference

“If you’re not in a unionised workplace get together with your workmates and join a union. If there are enough of you, your employer is legally required to sit down and negotiate a fair pay rise with you. But if you’re not in a union, you have little bargaining power. And you lose out – big time.”

Join the march and rally in London, 18 June

What are the rules if you’re temporarily laid off?

If you’re one of the workers who’ve been asked to go on furlough, make sure you know your rights.

The coronavirus outbreak has put the UK economy under immense strain, with businesses across the country shutting down to prevent the spread.

After discussions with trade unions, the government is to plough billions of pounds into a furlough scheme that will see the taxpayer give businesses 80 per cent of the wages of those employees who are temporarily laid off.

This should stop those business suffering a drop-off from making workers permanently redundant. It will ensure that more workers have enough money to cover their bills and leave businesses well-placed to ramp up activity once demand picks up again.

But while measures to protect jobs are welcome, it’s important that employers follow the rules when sending staff on furlough.

And if you’re one of the workers who’ve been asked to go on furlough, make sure you know your rights.

Despite the government having recently published guidance on how the scheme will operate, there are still a number of unanswered questions about the scheme. But this is what we know right now:

Bosses must follow the rules

Bosses can’t just stick workers on furlough or shorter hours.

An employee is regarded to have been laid off during a particular week if the employer does not have sufficient work for the employee and the employee is not paid as a result. (s.147(1) of the Employment Rights Act 1996).

What does your contract say?

If your contract contains the right for the employer to impose a lay-off, they can simply do so.

But it needs to be for a reasonable period of time, not indefinite.

Collective agreements between employers and unions will normally include provision for minimum payments if employees are laid off for a period.

If it’s not in the contract, then the employer needs your written, informed consent. And they have to make it clear how long the lay-off will be.

The lay-off has to be kept under review and the employer must seek further consent if it lasts longer than expected.

What happens if this isn’t in your contract and you say “no”?

If an employee or their union objects to the lay-offs, the employer cannot simply impose it.

If workers say “no” and the employer attempts to press ahead, employees can resign and claim unfair constructive dismissal, and possibly also claim a statutory redundancy payment.

Or they can continue in employment but claim any shortfall in pay under the unauthorised deduction of wages laws.

This is especially helpful if you haven’t got the two years’ service needed to claim unfair constructive dismissal.

How much will I get paid?

The government will stump up 80 per cent of the wage costs of those laid off. It will also cover employer costs such as their National Insurance and pension payments at the minimum legal level.

It will only cover basic salary and not commission payments and is capped at £2.500 a month. This means that, as it stands, those who currently receive piece work “bonuses” would see their income fall substantially.

Employers can, and we believe should where they can afford it, top up wages to 100 per cent.

If your pay varies, your employer can claim for the higher of either the same month’s earnings from the previous year or average monthly earnings from the 2019-20 tax year.

Who does it cover?

Employees who are paid via Pay as You Earn payroll, which is likely to include a number of agency workers as well as those working via zero hours arrangements. They must have been on the organisation’s payroll as of 28 February 2020.

The scheme also covers employees who were made redundant since 28 February 2020, if they are rehired by their employer.

But, as it currently stands, those workers who have gone onto short-time working will not be covered by the scheme. Those workers will not have their wages topped up to normal levels.

What about the self-employed?

The self-employed (or at least most of them) are covered by a separate Self Employed Income Support Scheme.

Am I entitled to redundancy payments?

An employee who has agreed to furlough (or to short-time working) either for four consecutive weeks or for a total of six weeks (no more than three being consecutive) in any period of 13 weeks can resign and claim a redundancy payment.

How do employers decide who goes on furlough?

Employers must use a fair process for selecting employees for furlough and be very clear about why they are making certain decisions.

They must be careful not to discriminate against particular groups of workers who are protected by equality law, either directly or indirectly.

For example, they must not choose to furlough a worker because their race or because they are pregnant, to do so would be direct discrimination.

Similarly, they should not ask disabled workers to agree to a temporary lay-off to avoid putting in place reasonable adjustments that would allow them to continue working during the current outbreak.

Examples of indirect discrimination would be selecting workers for furlough because of their caring commitments, a group of workers in which women are overrepresented.

I have two jobs. If I am furloughed from one, what happens to the other?

Each furlough arrangement applies to a single job you do. So you can continue working in one job while furloughed from another. The pay cap applies to each employer individually.

Can my employer give me work to do during furlough?

No. A furloughed employee can take part in volunteer work or training, as long as it does not provide services to or generate revenue for their employer.

But if you are asked to do training you must be paid at least the minimum wage/National Living Wage, even if this is more than the 80 per cent of wage that will be subsidised by the government.

Tim Sharp, TUC