Fairness at Work the Next Step Sarah Veale

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

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

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

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

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

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

Statutory Recognition Associated businesses - problems n Speedier processes - sclerosis n Bargaining unit - problems n

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

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

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

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

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

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

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

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

Individual Rights Special awards n Limit on compensation n Unfair dismissal law n

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

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

Working Time Individual opt-out n Statutory bank holidays n Enforcement problems n

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

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

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