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. Fairness at Work – the Next Step? Sarah Veale, Head, Equality and Employment Rights, TUC. . Economic Case for Better Rights Increases productivity Collective resolution of disputes No impact on employment levels. . International Obligations

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  1. Fairness at Work – the Next Step? Sarah Veale, Head, Equality and Employment Rights, TUC

  2.  Economic Case for Better Rights • Increases productivity • Collective resolution of disputes • No impact on employment levels

  3.  International Obligations • Right to take industrial action • Right to associate • “Wilson/Palmer”

  4. What have we got since 1997? “Family Friendly” rights – Maternity leave and pay extended to nine months Right for fathers to take some of their partner’s maternity leave by agreement with her – not yet commenced Right to request to work flexibly

  5. Equality Legislation Transposition of EU Directive – protection against discrimination on grounds of age, sexual orientation, religion and belief Also minor improvements to legislation on disability, gender and race Equality Bill

  6.  Statutory Recognition • Bargaining rights on pay, hours and holidays but no training or equality • Small firms exclusion

  7.  Statutory Recognition • Associated businesses - problems • Speedier processes - sclerosis • Bargaining unit - problems

  8.  Statutory Recognition • 50% membership – no ballot – qualifying conditions • Access from the start – only indirectly for union • Unfair labour practices – weak measures

  9.  Statutory Recognition • No simple majority in ballot – 40% “yes” vote requirement • Compulsory incorporation into contracts • TUPE: extension of recognition

  10.  Statutory Recognition • Blockage by “sweethearts” • Powers of discovery weak • Post-recognition changes – very complicated provisions

  11.  Industrial Action • Right to take industrial action – heavily qualified • Notices to employers • Trade dispute

  12.  Industrial Action • Unfair dismissal protection – 12 week limit • Injunctions • No right to take solidarity action

  13.  Disciplinary & Grievance Hearings • Right to be “accompanied” • Better ACAS Code?

  14.  Trade Union Rights • Detriment & dismissal • C.O. issues • Unjustifiable discipline/ exclusions

  15.  Trade Union Rights • Political fund ballots • Union elections • “Time Off” rights

  16.  Individual Rights • Special awards • Limit on compensation • Unfair dismissal law

  17.  Individual Rights • Zero hours contracts – still permissible • Day one rights – don’t have for unfair dismissal • Employment status – many workers excluded from basic protections

  18. Agency Workers EU Directive being transposed 12 Week qualifying period Uncertainty over comparison for equal treatment Derogation for those employed by agencies

  19.  Working Time • Individual opt-out • Statutory bank holidays • Enforcement problems

  20. National Minimum Wage Set by Low Pay Commission Lower rates for young workers Enforcement issues

  21. A Conservative Government in 2010? Strike bans in (essential) public services? Stopping Check-off or introducing opting-in system? Weakening of facility time provisions – heavily curtailing time off in the public sector? More curbs on industrial action?

  22. Which way forward? Strategic approach needed? Or reactive approach? Consorting with the enemy? How to go on growing our unions An industrial rather than a political strategy? What should the TUC do?

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