Ending the two-tier workforce

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Presentation transcript:

Ending the two-tier workforce Hannah Reed Senior Employment Rights Officer

Overview Impact of government policy Restoring TUPE rights and ending the two tier workforce EU developments: risks and opportunities

Impact of government policy Encouraging competition on pay and conditions Race to the bottom Attack on trade union rights and collective bargaining

Restoring TUPE rights Protecting transferred terms & conditions Workers should not receive less protection because covered collective agreement Employers should not be able to rely on ETOs reasons to drive down pay and conditions Change of location should not be a justification for reducing pay & conditions

Restoring TUPE rights Strengthened consultation rights Early engagement between worker representatives and new employer Repeal new rules on early collective redundancy consultation

Ending the two tier workforce Creation of new two-tier workforce agreement

Risks and opportunities EU Developments Risks and opportunities

EU Public Procurement Directive Greater emphasis on ‘Most Economically Advantageous Test’ rather than simply on cost Greater scope for inclusion on social clauses Public authorities must ensure contractors comply with employment rights and ILO Conventions

EU Public Procurement Directive Public authorities can take non-compliance into account when awarding contracts Successful ET claims Non-payment of ET awards Blacklisting Opportunity for unions to be engaged earlier in procurement process? Government consultation Summer ‘14

EU I&C Directives: Refit exercise Risks Opportunities Protections for pay and conditions weakened Extending rights to transfers in public administration Weaker consultation rights Extending TUPE rights to share transfers Earlier consultation between unions and new employer Stronger penalties for employers

Any Questions?