Blogs
Tory plans to restrict the right to strike are not consistent with international legal standards
 
By Professor Keith Ewing and John Hendy QC
Tory plans for further restrictions on the right to strike have been roundly condemned from several quarters. Proposed new rules will apply to industrial action in the health and fire services, as well as education and transport. Under the proposed changes, industrial action will be lawful only if it has the support of at least 40% of those balloted, in addition to the existing requirement that the action should have the support of a majority of those voting. There are lots of reasons why this proposal is wrong, not least because it represents an effective ban on the right to strike in the public services, without making alternative arrangements for dispute resolution…
Read the full blog here…
News
Conservatives target human rights
The Tories have drafted a replacement for the Human Rights Act, the Bill of Rights which plans to enable British judges to ignore rulings by the European Court of Human Rights in Strasbourg. The Bill of Rights drawn up by their lawyers would mean that suspects and criminals would not be able to use their human right to family life to fight against deportation unless it was deemed an “exceptional” circumstance. The Conservatives claim that this would prevent criminals using Human Rights as a ‘get out of jail free card’.
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The IER has published experts’ analysis on what withdrawal from particular articles of the EHCR would mean for employment rights. Read them here:
Article 4: Prohibition of slavery, servitude, forced and compulsory labour
Article 8: Right to respect for private and family life
Article 10: Right to freedom of expression
Article 14: Prohibition of discrimination
Self-representation rises after legal aid cuts
The number of criminal defendants forced to represent themselves has drastically increased, showing the cuts to legal aid are proving a major barrier to justice. A survey of justices across England and Wales, conducted by the Bureau of Investigative Journalism (TBIJ) and the Magistrates’ Association, shows that one in five criminal defendants who appears before them does not have a lawyer. Seven out of ten magistrates who had witnessed self-representation in criminal courts believed it was a serious problem, and a threat to the justice system.
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HMRC confirm decision to withdraw check-off facility
PCS is facing a major funding challenge as HM Revenue and Customs has confirmed that “check-off” will be withdrawn at the end of April 2015. “Check-off” is the decades-old method of collecting union subscription fees via payroll. The Home Office were the first to announce they were backing out of the system at the end of 2014, followed by the Department for Work and Pensions on 31 March 2015, and now the HMRC has followed suit.
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Judges concerned over court fees
The government has announced that court fees will be increased. The Parliamentary Under-Secretary of State for Justice, Minister for the Courts and Legal Aid, Mr Shailesh Vara said; “I have decided to introduce a fee to commence proceedings for the recovery of money of 5% of the value of the claim on claims for more than £10,000, subject to a maximum fee capped at £10,000”. This constitutes an increase of up to 600%. Lord Thomas of Cwmgiedd, the Lord Chief Justice of England and Wales, expressed his “deep concerns”, on behalf of the statutory judicial consultees.
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1% will own more wealth than the 99% by next year
Oxfam have highlighted widening economic inequality at the World Economic Forum in Davos this week. If economic inequality continues to rise at its current rate, 1% of the world’s population will own more wealth than the other 99% by next year. The share of the world’s wealth owned by the richest 1% has increased from 44% in 2009 to 48% in 2014. The bottom 80% currently own only 5.5%. Last year at Davos, Oxfam released a study that showed the 85 richest people on the planet own the same amount as the poorest 50%. This is now the richest 80 people, down from 388 in 2010.
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More in the news this week…
Editors call for surveillance reform
TUC: A long road to recovery for employment and wages
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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
The Morning Star is seeking a Campaigns Manager to join the business team at their London office. If you are interested in the role, email jobs@peoples-press.com for an application pack.
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