News Brief 10 October

Submitted by claudiaobrien on Fri, 10/10/2014 - 18:36

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By Claudia O’Brian

 

In the news this week

Tory defector Douglas Carswell won the by-election in Clacton for UKIP, as expected, with almost 60% of the vote. UKIP, a party with employment rights policies as bad as the Conservatives’ are increasingly threatening the Tory vote. Away from the campaign trail, the Lib Dems were trying to regain credibility at their party conference. Harriet Harman responded by saying that “Nick Clegg’s speech was that of a man trying desperately to justify the decision he and his party took to back the Tories all the way.”

If you missed this week’s Employment Law update conference in London, the conference papers are available here. Another Employment Law Update Conference in Liverpool is also coming up soon (Oct 22). For more information and to book you place click here.

Class Conference: What Britain Needs

Early-bird tickets for Class national conference on November 1 have gone on sale. The conference is set to be the biggest event on the left ahead of the general election, with speakers including Owen Jones, Polly Toynbee, Diane Abbott MP, Salma Yaqoob, and Len McCluskey. The IER works extensively with Class, with our joint publication Trade Unions and Economic Inequality (see below) out now.

You can find out more about the conference, and book tickets here

New Publication


Trade Unions and Economic Inequality

By Dr Lydia Hayes and Professor Tonia Novitz

What is the point of trade unions? What do they deliver? Are trade unions relevant in 21st century modern society? These and many other questions are answered by the authors of this timely and well presented report. Order your copy here

 

New on the Coalition Timeline

Click here to see the Coalition Timeline

Economy

  • Slowdown in British manufacturing (10/10/2014)





Public Sector

  • NHS standards dropping due to “exceptional” pressures (10/10/2014)

TUPE Update

Cetinsoy & Ors v London United Busways Limited

Date of Transfer: An Employment Appeal Tribunal (EAT) has upheld the decision that a 30 minute – 60 minute addition of traveling time for London bus drivers does not amount to “substantial change” of contract or “material detriment” to the workers.  The judge ruled that while the change of depot for workers after a TUPE transfer was a breach of contract, it was not a “fundamental” one.

Housing Maintenance Solutions Limited v McAteer and Others

Substantial Change: A housing association terminated its contract with repair and maintenance company Kinetic, setting up a subsidiary company Housing Management Solutions (HMS).  Kinetic’s employees were transferred to HMS, but with a number of weeks unemployment in between.  Employees claimed unfair dismissal, unpaid wages, and faliure to inform and consult under TUPE and collective redundancy procedures.  The case was contingent on when exactly a TUPE transfer takes place, and which employer was responsible for the employees in the interim period of unemployment. While the Employment Tribunal (ET) found that HMS had acted in line with procedure, an EAT has overruled this decision.

Continue reading for the IER’s publication and upcoming conference on the TUPE updates

Cable launches employment review

Vince Cable has launched a ‘wide-ranging’ employment review to help clarify the employment status of up to a million British workers. The review follows the recent review and upcoming legislation of zero hours contracts. The review proved that an increasing number of people are on employment ‘worker’ contracts, which provide fewer basic rights (e.g unfair dismissal, maternity pay) than ‘employee’ contracts.The government claims it is unable to collect meaningful data as many workers are not aware of their employment status or employment rights. Furthermore, many employers are not aware of the rights of their employees, opening them up to legal challenges.

Read More…

Publications

Re-regulating Zero Hours Contracts

By Zoe Adams and Simon Deakin

ZHCs are highly profitable for employers, but lead to insecurity of income and low pay for workers. The authors point to rigidities in employment law and the operation of the tax-benefit system as being responsible for the rise in zero hours contracting. Order your copy here

TUPE 2014

By Richard Arthur

A collection of papers by the UK’s leading experts on labour migration on the exploitation of migrant workers and the need for labour law reform.

 

Help us to celebrate 25 years of the Institute

Donations are coming in daily to mark the 25th Anniversary of the Institute. If you make a donation, don’t forget to send us a supporting statement about why you support the institute. So, whether you’re an individual or a branch, whether it’s £25 or £250 join in and you’ll be included in out monthly draw to win a free place at an IER event!
The latest draw winners are:

Equality and Human Right Commission calls for evidence on religion or belief issues

The Equality and Human Rights Commission has launched a major call for evidence from individuals and organisations about how their religion or belief, or that of other people, may have affected their experiences in the workplace and in using the services and facilities they need in everyday life. The Commission wants to gather as much information as possible from members of the public, employers, providers of services, legal advisors and religion or belief organisations. So if you have a relevant experience to share, you are urged to respond. To do this, or to find out more, go to the Commission’s website at:

www.equalityhumanrights.com/religion

Forthcoming Events

Employment Law Update 2014, Adelphi Hotel, Liverpool

Wednesday 22 October 2014
This 7th annual IER conference in the North West is designed to ensure trade union representatives are kept up to date and well-informed about developments in employment law. It is a must go to event for anyone with an interest in employment law and the protection of collective and individual workers’ rights.

 

Equality and Discrimination: What Next For Equal Rights? , Unite the Union, London

Wednesday 19 November 2014
Four years after the introduction of the Equality Act and where are we now? Leading equality experts from the law, trade unions and academia will come together to critically assess the latest case law, precedents and evidence and anticipate where they will lead us in terms of ensuring fairness at work for all.


TUPE Update: the new Regulations, Adelphi Hotel, Liverpool

Wednesday 3rd December 2014
The government published new TUPE Regulations in November 2013, revealing service provision rules will not be repealed, but several changes will be made that could hinder trade union activity. There are many uncertainties about the new regulations and the conference will aim to provide answers to many questions plus any additional questions from delegates on the day.

IER Manifesto for Collective Bargaining

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