News Brief 16/08/2013

Submitted by sglenister on Fri, 16/08/2013 - 14:09

We're back!

Some users will have noted the Institute of Employment Rights has been struggling with some technical difficulties recently which temporarily brought down both our website and email. For this reason, today's News Brief is the first in August so far and may not be as comprehensive as our long-term users are accustomed to! Fortunately, our systems and servers are now fixed and we will continue as usual from now on.

Zero-hours contracts

As has been the case for the past few weeks, much of the news has been centred on zero-hours contracts. One of the most shocking revelations has been the true number of workers stuck on these exploitative contracts, which is closer to one million rather than the 250,000 originally estimated by the Office for National Statistics.

While the Coalition government continues to bang the same drum, promising that a more "flexible" workforce will revitalise the economy, yet more contradictory statistics have been released. As one would expect with a significant proportion of the workforce seeing wage freezes and cuts, or stuck on precarious contracts, real-term wages have plummeted over the last few years. In fact, the 5.5% drop in salaries seen by UK workers exceeds even those falls seen in struggling economies like Spain and Greece.

Despite this, the Institute of Directors is fighting a ban on the zero-hours contracts and it has been reported that the organisation uses zero-hours contracts itself.

Following the revelation that a massive 90% of Sports Direct staff are employed on zero-hours contracts, Law firm Leigh Day is leading a claim against the company brought by members of campaigning group 38 Degrees.

Our favourite press-based comment on the scandal was authored by Seumas Milne, who argued that the rise of zero-hours contracts is a symptom of the neo-liberalist agenda that caused the crash five years ago. Rather than resurrect this failed system, we should be looking for more progressive alternatives.

The Institute of Employment Rights has gone further by offering several policy ideas to turn-around the tide of precarious employment. Author Keith Ewing, the IER's President and Professor of Public Law at Kings College London, recommended moving people to more flexible defined hours contracts and only allowing non-defined hours contracts where the employer has recognised a trade union that can negotiate terms on the workers' behalf.

His policy suggestions are available as: an IER blog on proposed changes to the law to reduce harm caused by zero-hours ontracts and a briefing on the policy proposals.

Business Secretary Vince Cable's much weaker recommendation following his department's review into the matter is to tackle the exclusivity of zero-hours contracts so that workers are able to find a secondary job. However, this does little to improve workers' rights. There is no telling whether that second job will also be based on a zero-hours contract, and it has already been revealed that workers turning down work (for instance, because they have already agreed to work elsewhere) are sometimes punished by having their working hours "zeroed-down". In effect, it is a dismissal, but workers are left without a clue whether or not they have been fired and whether they can claim benefits or other support.

Health and safety deregulation

Elsewhere, the Department for Business, Innovation and Skills has announced changes to fire safety regulation for businesses as part of its Focus on Enforcement programme, which aims to reduce inspections to lessen their so-called "burden on business".

The Lobbying and Trade Union Administration Bill

The latest news on the Transparency of Lobbying, Non-party Campaigning and Trade Union Administration Bill 2013-14 Bill is that The Political and Constitutional Reform Committee is to hold a number of oral evidence sessions on 29 August. Evidence will be brought by Nigel Stanley, Head of Campaigns and Communications at the Trades Union Congress, alongside a number of other organisations. Find out more here.

Paul Statham of Pattinson and Brewer solicitors has also authored an IER Blog analysing new powers given to the Certification Officer (CO) in the Bill. Although the current CO is well-respected and trade union friendly,there is no telling who could next be installed in this government role. With the proposed new powers, the CO could demand to see the names and addresses of trade union members.

On the Coalition timeline...

Redundancy and grievances

Conservative Party would make it easier to sack workers (31/07/2013)

Increasing vulnerability in the workplace

Clegg: I'm a huge fan of flexibility for employers (31/07/2013)
Cable offers weak changes to zero-hours contract (05/08/2013)

Click here to view the timeline

 

 

Special offer: Buy Access to Justice and get Justice Deferred half price

The Institute of Employment Rights is offering a special offer for a limited period only on our latest publications looking at the Coalition's reforms of employment tribunals.

 

Access to Justice consists of essays on workers' current restraints from making claims authored by the UK's leading experts, including John Hendy QC and Emeritus Professor of Industrial Relations Linda Dickens.

When purchasing Access to Justice, readers will also receive Justice Deferred - our most popular publication of 2013 - from just £5. Solicitors David Renton and Anna Macey provide a critical guide to the Coalition's employment tribunal reforms in an easy-to-read analysis of changes that have already been introduced, and those still to come.

Click here to access the offer for a limited time only

 

 

Forthcoming events

Our autumn events are our most popular and are already selling out, so make sure you book in early!

Employment Law Update 2013

Wednesday 09 October 2013
A one-day conference
Conference Chamber, 9th Floor, UNISON, Euston Road

 

Wednesday 06 November 2013
A one-day conference
The Adelphi Hotel, Liverpool

 

Tupe Update: The New Regulations

Wednesday 23 October 2013
A one-day conference
UNISON, Euston Road, London

 

Labour Migration in Hard Times

Wednesday 20 November 2013
A one-day conference
Diskus Room, Unite Building, Theobalds Road, London

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