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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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