Keep the red flag flying (on workers rights)

Keep the red flag flying (on workers rights)

In an article entitled, “Keir Starmer seeks to reassure business over Labour’s worker rights pledges”, the FT reports on the pressures being put on Keir Starmer to weaken Labour’s promises made in “A new deal for working people.”

It should be noted that this is what happened to the Blair opposition, which caved on Trade Union rights but held the line on the minimum wage. Sadly the value of the minimum wage became an internal political football within the Labour Party and at the moment the promise in “A new deal …” has been eroded to the point that it is less than the current law (for adults).

Labour summarises its plans as legislating for decent, safe, secure and fair work, critically, re- introducing day one rights for tribunal access, and the abolition of zero hour contracts and fire and rehire. They also plan to update trade union legislation so it’s fit for the modern economy, repealing some of the Tories petty and vicious legislation, strengthening Union’s rights of access to workplaces and workers, and establish a single enforcement body to enforce workers’ rights, which will include national minimum wage violations. Labour also plan to legislate for a structure of fair pay agreements negotiated with the Unions across industry.  

What are employers afraid of?

In order for the economy to be internationally competitive, goods and services need to be better than or cheaper than the alternatives. It’s not possible to have a high wage economy while being cheaper than others, so let’s choose being better. In most companies and public sector organisations value is created by employees. Successful companies need to attract and retain talent. Staff are the collective memory of the organisation. I have met and worked for some shocking managements; day one rights of access to tribunals should be a right, everyone should have access to the law, only bullies need fear this and for equality cases, day one access exists today. The only organisations that would fear this all those who as a matter of policy abuse their staff.

This is only one prerequisite for international competitiveness, the UK needs an immigration policy nice and compassion decency indignity and one that recognises the great talent may be born elsewhere. Another requirement is to minimise barriers to trade;  the simplest way of doing that is to rejoin the EU’s single market.

My experience is primarily in what are considered to be high knowledge industries i.e. Information technology and banking, but it is clear to me, that all organisations require commitment and talent. All organisations should welcome a legislative backing for a floor on decency. Those that want to behave well, if only to attract and retain workers will no longer need to fear being undercut by those that don’t.

The business lobbyists should lay off and welcome “A new deal …” …

Sound the alarm

Sound the alarm

I have just started the Secret Barrister, in the forward, they say,

When you have sat in as many decrepit court cells or tired, coffee stained witness suites as I have, looking into the eyes of someone whose most basic sense of what is ‘fair’ and what is right has been entirely crushed by their exposure to the criminal justice system, you can either slink into jaundiced defeatism or sound the alarm.

The Secret Barrister

And while I have not sat in courts, or witness suites, I (as an accompanying rep) too have met many who are shocked at the lack of fairness amongst our employers, and in our law.  …

Wiping the phone at the Treasury

Wiping the phone at the Treasury

I wrote a piece on the Guardian story about the Treasury losing the Perm Sec’s texts and posted it on linkedin. One particularly disturbing feature of this story may be that messages from David Cameron about Greensill Capital have been lost. On the linkedin blog, I looked at the story from an IT Security and employment law point of view rather than looking at the political corruption angle. I suggest that for an organisation with a public record, FoI or compliance liability that SMS and whatsapp or any messaging product without central logging should not be used. I suggest that wiping the phone instead of a password reset especially when the device has not been lost might be a bit extreme. I hint that peer to peer messaging without a super user is also inappropriate.

I argue that this is a symptom of the growing contempt that politicians and now it seems bureaucrats have for their record keeping responsibilities which are mandate by statute law. It is likely that the use of personal IT i.e. phones and emails if not laptops/workstations is becoming endemic destroying and designed to destroy audit trails of behaviour. I note and have commented elsewhere on the failure to pass the email & records relating to Johnson’s decisions with respect to Jennifer Arcuri’s trade missions and grants.

I note that such behaviour if undertaken by more junior staff would probably involve disciplinary action. I have dealt with cases where people have been investigated under the disciplinary policy for misuse of their personal IT in the office and also for the destruction or unauthorised amendment to business records. These have usually been considered gross misconduct cases which can lead to dismissal, but most of my members are blue collar workers.

With respect to the Treasury, I wonder if the texts have been truly lost, if they have, it’s either a policy failure, i.e. a failure of the control design or a deliberate breach. Someone should be accountable, just as they should at the GLA. The irony here i.e. at the Treasury is that it looks like the responsible person for either of these failures is the same person. The Permanent Secretary is meant to be a check on the, certainly, financial probity of ministers and occupy an important role in implementing a segregation of duties and avoiding  toxic combinations. These controls are designed to stop fraud and corruption. These ones seem to have failed. …

One problem with this plan …

One problem with this plan …

It still surprises me, just how blatant the lies the Tories tell are. They have posted a tweet, boasting of the UK's legislative commitment to workers rights by posting four facts and comparing them, favourably of course, with the EU. As Edmund Blackadder once said, "there's just one problem with this plan ... it's complete bollocks." The fact is whoever authorised this ad. will have known it's a lie and just doesn't care. To see the tweet and my notes on its rebuttal, use the 'Read More' button ...

Cannonballs

During the age of sail, cannons could use cannonballs or grapeshot. Cannonballs damaged the hull, gun decks and masts, grapeshot killed people and had a larger damage area although each shot caused less damage. One has to choose the ammo depending on the target; the same is true when building cases in disciplinary and grievance hearings. Choose your [metaphoric] ammo with care and in the knowledge of the target i.e. discover the weaknesses in their case and make sure its on the table with the maximum of force, don’t get distracted by personal anger or irrelevant detail! Use a cannonball!

 …

Labour Leak – Closing the Stable Door

Labour Leak – Closing the Stable Door

This blog article is one of several albeit the first published on the labourleak. It focuses on fixing the problems identified and implied in the #labourleak in a holistic way. It looks at the controls, briefly on why they failed, how the private sector manages, the question of Union collusion, IT standards & controls, the disciplinary process, the NEC and if genuine professionalism can possibly improve the quality and honesty of the decisions taken by the Labour Party; it concludes by proposing that the rules be changed to place a duty on all role holders to conform to the Nolan Principles, and that whistle blowers have better protection, but on the way recommends that the Labour Party use a series of external certifications, ask the Auditors to to inspect that payments and receipts are handled according to the Party's financial control rules, increase the professionalism of the staff and NEC committees, all of this to guarantee to its members and staff that good practice and not arbitrary actions are the guiding principles of judgement and decision.

Can’t make it up

Can’t make it up

A note on LinkedIn on why managements need IT usage policies to prove their compliance and to act legally and fairly towards their employees. I suggest that ISO27001 is useful as a technical standard and COBIT as an organisational one.

This was written in the light of a couple of cases I had to deal with as an accompanying rep. or as an advisor.

You can’t claim that users are not performing if you can’t prove the IT systems work as documented. You can’t pursue a conduct disciplinary against people operating a policy. You can’t fulfil FOI or SAR requests if the data retention policy is suspect. You can’t be sure that corruption has not occurred if there is inadequate segregation of duties.

Having policy will help the organisation answer the following questions. Is our software supported?  Why and how was that data deleted? What should be logged? Who has permission to read, amend and run these programs and/or this data? Are our vendors signed up to our IT security goals? Why do you not know this?

This is all defined in these standards, and the GDPR makes certification to good practice evidence of good will. ISO27001 and COBIT are the big boys in town to prove technical and organisational protection.

You can’t make it up anymore. …

A note on redundancy

There’s redundancies coming! I wrote a short piece on our Union branch web site, emphasising the need for speed; the consultation period is only 45 days now. I briefly touch on the issue of economic viability; for redundancies to be legal and fair, the work must have gone or about to go. It will be harder to argue that jobs under threat are viable while CV19 is looking over the economy like a black rain cloud. I also discuss the need for transparency and fairness in selecting people for redundancy in cases where judgement is required. (Some business units may be reducing in size and so there remains the opportunity stay in employment for some, in these cases the decision must be fair, impersonal and transparent. …

Politics matters, even against a disease

Politics matters, even against a disease

It would be odd not to comment on the CV19 pandemic. For various reasons I have been looking back at my blog and remember at one stage it was a semi-public diary. Because it’s my blog, this is quite abstract and very political, I hope that my readers are keeping safe with their families.  This article looks at the diseases virulence and also the need for effective non-pharmaceutical interventions, especially the funding of sick pay and funding for isolation. There is [much] more below/overleaf. … …