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

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

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

4. 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

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

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

7. Risks and opportunities
EU Developments
Risks and opportunities

8. 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

9. 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

10. 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

11. Any Questions?