1. Campaigning for employment rights
Hannah Reed
Senior Employment Rights Officer

2. The Government’s aim Making it easier for employers to sack people
Making it harder for workers to enforce their rights
Displacement of collective rights by individual rights

3. Not based on the evidence
Not based on genuine consultation
Based on ‘perception’ rather than fact

4. Myths not fact Myth: employment rights stifle growth
Fact: UK has one of the lightest regulated labour markets in the world
Fact: Economic research reveals no correlation between employment protection and labour market performance
Fact: OECD: no one route to full employment
Fact: Less regulated economies have higher inequality, more in-work poverty; poorer health outcomes

5. Myths not fact
Myth: employment rights deter employers from recruiting more staff
Fact: BIS research: fewer than 6% of SMEs think regulation restricts growth
Fact: BIS research: unfair dismissal rights not among top ten of employers’ employment rights concerns
Fact: Job insecurity reduces consumer confidence; suppresses demand

6. We’d like to know your views but …
Red Tape challenge
Tilting the scales
Twitter-sphere
Legislation without consultation

7. The sackers’ charter
Extending qualifying period for unfair dismissal (April 2012)
More than 3 million people lose out
Young and BME particularly affected
Reducing compensation in UD cases
Legislation without consultation
Impact on older workers, disabled workers, public sector workers

8. Negotiated settlements?

9. Beecroft lite  lawyers’ charter?

10. ‘Trading rights for shares’
Consultation document published 18 Oct
Closes 8 November
Growth and Infrastructure Bill published 18 Oct
Inadequate equality assessment
No impact assessment published

11. ‘Trading rights for shares’
Unfair dismissal
Except automatic UD; discrimination
Statutory redundancy Pay
No ability to make a claim from Redundancy Payments Office
Request time to train (only employees)
Right to request to work flexibly - except parental leave returners
Longer notice periods (8 to 16 weeks) to return early from maternity leave

12. ‘Trading shares for rights’
Rights traded for shares valued at £2,000 - £50,000
No guaranteed voting rights, dividends or assets
Forfeited at end of employment
Independent valuation?

13. ‘Trading rights for shares’
Creating new employment status
Contracting out of rights in return for money
Free choice?
Safeguard

14. Employer response CBI: niche idea
CIPD: undermine morale and productivity
Justin King, Sainsbury:
“not what we should be doing” and could worsen the levels of trust between the public and businesses.
“What do you think the population at large will think of businesses that want to trade employment rights for money?”

15. Costs for business Not practical Watering down equity
Complex administration
Costs in voluntary exits

16. Priced out of justice: Fees for ETs
Remission scheme limited - many workers on NMW wages will have to pay fees
For some ET fees = significant proportion / exceed the value of their claim
* Seta Findings 2008; ** ET & EAT Stats
Type of claim
Median award
Total fee if claim goes to hearing
Wages Act
£850*
£390
Unfair dismissal
£4,560**
£1,200
Race discrimination
£5,256**
8% success rate

17. Collective redundancy & TUPE rights
Redundancy consultation to be reduced from 90 days to 45 / 30 days
TUPE review:
Making it cheaper and easier to outsource / privatise services
Erosion of pay and conditions post transfer
Better information & consultation rights for TUs

18. Restricting the right to strike
Voting thresholds: majority yes vote + 40% or 50% of members voting
Limits on strike in essential services
Maintaining minimum level of services

19. Countering the attacks
TUC campaign: Employee rights stop employment wrongs
Agency worker rights
Defending the right to strike in the European Court for Human Rights
Building stronger unions in UK workplaces