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Fairness at Work – the Next Step?Fairness at Work – the Next Step?
Sarah Veale, Head, Equality and Sarah Veale, Head, Equality and Employment Rights, TUCEmployment Rights, TUC
Economic Case for Better RightsEconomic Case for Better Rights
Increases productivityIncreases productivity Collective resolution of disputesCollective resolution of disputes No impact on employment levelsNo impact on employment levels
International ObligationsInternational Obligations
Right to take industrial actionRight to take industrial action Right to associateRight to associate ““Wilson/Palmer”Wilson/Palmer”
What have we got since 1997?
““Family Friendly” rights –Family Friendly” rights – Maternity leave and pay extended to nine Maternity leave and pay extended to nine
monthsmonths Right for fathers to take some of their Right for fathers to take some of their
partner’s maternity leave by agreement with partner’s maternity leave by agreement with her – not yet commencedher – not yet commenced
Right to request to work flexiblyRight to request to work flexibly
Equality Legislation
Transposition of EU Directive – protection Transposition of EU Directive – protection against discrimination on grounds of age, against discrimination on grounds of age, sexual orientation, religion and beliefsexual orientation, religion and belief
Also minor improvements to legislation on Also minor improvements to legislation on disability, gender and racedisability, gender and race
Equality BillEquality Bill
Statutory RecognitionStatutory Recognition
Bargaining rights on pay, hours and Bargaining rights on pay, hours and holidays but no training or equalityholidays but no training or equality
Small firms exclusionSmall firms exclusion
Statutory RecognitionStatutory Recognition
Associated businesses - problemsAssociated businesses - problems Speedier processes - sclerosisSpeedier processes - sclerosis Bargaining unit - problemsBargaining unit - problems
Statutory RecognitionStatutory Recognition
50% membership – no ballot – qualifying 50% membership – no ballot – qualifying conditionsconditions
Access from the start – only indirectly for Access from the start – only indirectly for unionunion
Unfair labour practices – weak measuresUnfair labour practices – weak measures
Statutory RecognitionStatutory Recognition
No simple majority in ballot – 40% “yes” No simple majority in ballot – 40% “yes” vote requirementvote requirement
Compulsory incorporation into contractsCompulsory incorporation into contracts TUPE: extension of recognitionTUPE: extension of recognition
Statutory RecognitionStatutory Recognition
Blockage by “sweethearts”Blockage by “sweethearts” Powers of discovery weakPowers of discovery weak Post-recognition changes – very Post-recognition changes – very
complicated provisionscomplicated provisions
Industrial ActionIndustrial Action
Right to take industrial action – heavily Right to take industrial action – heavily qualifiedqualified
Notices to employersNotices to employers Trade disputeTrade dispute
Industrial ActionIndustrial Action
Unfair dismissal protection – 12 week limitUnfair dismissal protection – 12 week limit InjunctionsInjunctions No right to take solidarity actionNo right to take solidarity action
Disciplinary & Grievance HearingsDisciplinary & Grievance Hearings
Right to be “accompanied”Right to be “accompanied” Better ACAS Code?Better ACAS Code?
Trade Union RightsTrade Union Rights
Detriment & dismissalDetriment & dismissal C.O. issuesC.O. issues Unjustifiable discipline/ exclusionsUnjustifiable discipline/ exclusions
Trade Union RightsTrade Union Rights
Political fund ballotsPolitical fund ballots Union electionsUnion elections ““Time Off” rightsTime Off” rights
Individual RightsIndividual Rights
Special awardsSpecial awards Limit on compensationLimit on compensation Unfair dismissal lawUnfair dismissal law
Individual RightsIndividual Rights
Zero hours contracts – still permissibleZero hours contracts – still permissible Day one rights – don’t have for unfair Day one rights – don’t have for unfair
dismissaldismissal Employment status – many workers Employment status – many workers
excluded from basic protectionsexcluded from basic protections
Agency Workers
EU Directive being transposedEU Directive being transposed 12 Week qualifying period12 Week qualifying period Uncertainty over comparison for equal Uncertainty over comparison for equal
treatmenttreatment Derogation for those employed by agenciesDerogation for those employed by agencies
Working TimeWorking Time
Individual opt-outIndividual opt-out Statutory bank holidaysStatutory bank holidays Enforcement problemsEnforcement problems
National Minimum Wage
Set by Low Pay CommissionSet by Low Pay Commission Lower rates for young workersLower rates for young workers Enforcement issuesEnforcement issues
A Conservative Government in 2010? Strike bans in (essential) public services?Strike bans in (essential) public services? Stopping Check-off or introducing opting-Stopping Check-off or introducing opting-
in system?in system? Weakening of facility time provisions – Weakening of facility time provisions –
heavily curtailing time off in the public heavily curtailing time off in the public sector?sector?
More curbs on industrial action?More curbs on industrial action?
Which way forward?
Strategic approach needed?Strategic approach needed? Or reactive approach?Or reactive approach? Consorting with the enemy?Consorting with the enemy? How to go on growing our unionsHow to go on growing our unions An industrial rather than a political An industrial rather than a political
strategy?strategy? What should the TUC do?What should the TUC do?