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

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

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

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

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

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

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

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

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

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

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

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

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

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

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