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 …” …

Non-compete clauses

Non-compete clauses

On behalf of our members, I took a motion seeking to criminalise non-compete clauses, I moved the motion, and it was seconded. The CEC asked us to refer, and given the choice between that and opposition we agreed. Overleaf, you'll find the video, words of the motion and notes of my speech. I conclude with the following phrases,

The CEC will ask you to refer this motion as they have not made up their mind on the govt’s proposed options. Only prohibition works for our members.

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.  …

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 ...

Employee self-defence

Employee self-defence

I have been meaning to write an “employee self defence” manual for a while now, and something came across my desk today to remind me of this ambition. Here’s mine off the top of my head.

  • Always reply to management in writing and in good time.
  • Know where your contract is, make a good .pdf copy of it and keep a copy of any variations particularly if you work for a business unit that has been subject to a TUPE agreement, you’d be surprised how careless some managements can be in keeping good records. If you opt out of the working time directive or refuse to, keep a record. If seconded, or asked to cover other duties get the instruction in writing together with the commitment to end the change in duties.
  • While contracts can be varied unilaterally i.e. imposed, it depends on the wording of the original contract, if you object to the changes, let management know in writing, it can’t stop it but it may be relevant for future grievances or disciplinary processes.
  • Keep a contemporaneous diary and keep it off your employer’s IT; they can deny it to you when you need it or worse, amend the record.
  • See your Doctor when needed and take their advice, don’t make them look a fool. If signed off sick, make sure your appropriate management know and they have the appropriate documentation.
  • Tell your management if you are disabled or chronically sick, they won’t make reasonable adjustments unless they do.
  • If you want flexible working arrangements, you have a legal right for this to be considered, understand the management process, they may mandate a specific form and make sure your application and their reply is in writing.
  • Know your grievance and whistle blowing policy so you know who to talk to when you need it.
  • If you think it’s a grievance, lodge it, the least that will happen is that your case is in writing, actually shit managements might retaliate but your case is in writing and if they’re bad, it’ll only get worse anyway.
  • Wrongfully deducting money from your wages is a crime. Proving it may require significant documentation; be prepared.
  • Know the IT use and record management policy of your employer; don’t break them and complain if others try and get you to do so too, by for instance, using personal phones or emails and whatsapp or twitter to discuss work matters. If an employee, don’t use your own phone for any work business; they have a duty to provide one if you need it for work.

That’s it for the moment but I know there’s more. …

Workers rights for Maternity and the EU

Workers rights for Maternity and the EU

This article is a quote from the TUC’s “UK employment rights and the EU“, it relates to maternity rights and the EU acquis.

The EU Pregnant Workers Directive 1992 led to substantial improvements in the health and safety protections for expectant and new mothers in the workplace. It gave women paid time off for ante-natal appointments and placed duties on employers to assess risks and to adjust working conditions, transfer a pregnant or breastfeeding worker to alternative work or suspend them on paid leave where harm is identified.

While the maternity leave entitlement in the UK already exceeded the EU minimum of 14 weeks when the Directive was implemented, case law from the ECJ has had a positive impact in tackling the disadvantage and discrimination that many women face in the workplace when they become mothers. For example, it made clear that treating a women unfavourably because of pregnancy or maternity leave was direct sex discrimination and that it was not necessary to identify a non-pregnant comparator in similar circumstances to prove discrimination. This ended years of women potentially being defeated in discrimination claims because the employer argued that they would have treated a man who had to take a substantial period out of the workplace in a similar way.

Sex discrimination law in the UK was amended to create a separate category of pregnancy discrimination, which is now defined as unfavourable treatment because of pregnancy or maternity leave in the Equality Act 2010 with no need for any comparison with a non-pregnant employee. This change in UK law was achieved following a case taken against the UK government by the old Equal Opportunities Commission relying on EU law.

ECJ case law has also extended protection from dismissal on grounds of pregnancy or maternity leave to fixed-term workers. And, since 2008, women on additional maternity leave have had access to the same contractual rights as women on ordinary maternity leave as a result of ECJ case law. This means, for example, that employers are obliged to make contributions into occupational pension schemes for longer than the first 26 weeks of leave.

ooOOOoo …

Brexit and workers rights

Brexit and workers rights

Are EU employment protection laws better than the UK’s? This article contains quotes from the TUC, and the Institute of Employment rights detailing the importance of the EU's Charter of Fundamental Rights to employment rights in the UK and the way in which EU law underpins those UK worker's rights, despite recent adverse rulings . Read More ...

Employment protection & Johnson’s deal

On Johnson’s deal with respect to workers rights, the current withdrawal agreement unlike previous one’s makes no commitment to maintain those rights, i.e. those commitments have been removed. The TUC opposes the agreement, particularly on Worker’s Rights but also on its general crapness.

The current fear from some, is that Johnson will get his deal approved by parliament, thus negating/satisfying the Benn Act and then fail to bring the implementation legislation, written but secret, as are the legal text and impact analyses to Parliament and thus crash out on 31st with no deal. Much of the social protection legislation is implemented by SI and would be jeopardised by this manoeuvre i.e. the Law that mandates these rights is EU law.

Lexiters should also note that the withdrawal agreement maintains the state aid restrictions and there will be no Article 50 escape clause. Even Costas Lapavitsas is pointing at these flaws. Any agreement will be a treaty which to exit, would be under WTO treaty terms or the Treaty of Vienna. So much for bringing back control and freeing the country to pursue a socialist programme. …

Zero day right to justice

Jeremy Corbyn and Laura Pidcock made speeches to the TUC which covered the Party’s commitment to fairness at work. They commit to a worker’s protection agency to enforce the minimum wage and the necessary ban on zero hour contracts.  To these two critical reforms the need to reduce the employment service qualification for access to Employment Tribunals should be added.

I have made a proposal to Labour’s Policy Forum to this effect, although I might be a bit moderate in that I suggest a 3 month period where others are asking for Day Zero. Absolutely, the 2017 manifesto was to implement Day 1 rights as it should be. You can login and vote it up if you like. …