Blogs
The EU’s giant and secretive deregulation blitz
By Linda Kaucher, a researcher working to raise awareness of and opposition to, EU free trade agreements.
Regulations on health and safety, on labour rights and on environmental protection are better developed in the EU than in most of the rest of the world. They are in place to protect us and are often the result of hard-fought campaigns. However, because these regulations hamper the profit-making of big business, a program of deregulation is in process within the EU, in EU member states, notably the UK, and via the EU’s international trade agreements. At the behest of business, there has been a decade-long and intensifying program in the EU to attack regulations by revising, amending or scrapping regulations and blocking new regulation.
Read Linda Kaucher’s blog on the eradication of regulation here…
News
TTIP Update: EU commission consultation and House of Commons debate
The consultation on the Transatlantic Trade and Investment Partnership (TTIP) has found “major opposition” to the proposed trade deal. 150,000 responses – more than 100 times that of any previous trade deal consultation – were sent to the commission from 3,000 individual citizens and a variety of organisations including trade unions, law firms, and NGOs – with over a third coming from the UK. The EU Trade Commissioner Cecilia Malmstrom admitted; “The consultation clearly shows that there is a huge scepticism about the ISDS instrument…We need to have an open and frank discussion about investment protection and ISDS in TTIP with EU governments, the European Parliament and civil society before launching any policy recommendations.” The ISDS clause – the part of the deal that has attracted the most outrage – would mean that companies could sue governments if their policies cause a loss of profit. The cases would go through paralegal kangaroo courts rather than a domestic court system.
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Government publishes list of Minimum Wage Offenders
The Department for Business, Innovaiton & Skills (BIS) has “named and shamed” 37 employers who failed to pay their workers the National Minimum Wage. Between them they owe workers a total of over £177,000 in arrears and have been charged financial penalties totalling over £51,000. These are added to the 55 other employers named since the new regime, whereby it became simpler to name the law breakers, came into force in October 2013.
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Tories pledge public sector strike curbs
The Conservative party has pledged to restrict the ability to call public sector strikes after the general election. The plans would mean 40% of eligible union members would have to vote in favour of the strike, rather than the majority of those balloted. The Tories would also end a ban on using agency staff to cover for striking workers, impose a three-month time limit after a ballot for action to take place and place curbs on picketing. They have also proposed a minimum 50% turnout in strike ballots.
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London bus drivers go on strike
Bus drivers across London will walk out in a 24 hour strike today (13 January). Unite, who represent over 27,000 bus drivers across 18 bus companies in Greater London, have called the action against pay inconsistency for London bus drivers. The strike has public backing, with two thirds of respondents in a survey of 1,645 bus passengers agreeing that London’s bus drivers should be paid the same rate. In contrast to tube drivers, there is no collective pay deal for the bus drivers. Instead there are over 80 different pay rates for drivers doing the same job, and often even the same route, with pay gaps of over £3 an hour for new starters. The walk-out is only the second London-wide bus strike in 50 years.
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No financial penalties imposed under ERRA section 16
Enterprise and Regulatory Reform Act 2013 (ERRA) made a series of changes to the employment tribunal procedure including the introduction of Early Conciliation. Section 16 of (ERRA) made provision for employment tribunals to have a discretionary power to impose a financial penalty on employers who breach an individual’s employment rights subject to a maximum of £5,000, “designed to encourage business to have greater regard to what is required of them in law and, ultimately, lead to fewer workplace disputes and employment tribunal claims”.
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ACAS early conciliation form: Two changes
Acas has revised its Early Conciliation form.
Two changes have been made: 1. A new field so the Claimant can include contact details of their representative (if s/he has one). If the Claimant gives details of a representative, Acas will contact the representative directly.
2. The employer address lookup facility has been removed, as it was proving difficult for Claimants to give the correct legal identity of their employer. So Claimants now have to input the correct address manually. Both these changes were highlighted as problems with the early conciliation scheme by speakers at the IER Employment Law Update event last year.
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Forthcoming Events
Employment law after the election: what kind of laws do we want?, Unison Center, London
Wednesday 11th February 2014
As we rapidly approach the next general election, Britain’s working population and, in particular, its 61⁄2 million trade unionists need to know how their economic wellbeing is going to improve under a new government. It has been said that the next general election will be won or lost on the issue of employment rights. The conference will be a key event in the run-up to the general election for trade unionists, academics, lawyers and anyone with an interest in workers’ rights and trade union freedoms.
What laws do you want after the election? Let us know on Twitter: #ierwhatwewant
Publications
By David Renton and Anna Macey
This publication offers a chilling reminder of the extent to which access to justice is being systematically shut down by the Coalition government.
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
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
Edited by Bernard Ryan
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.
IER Manifesto for Collective Bargaining
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