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?