18/04/23

Forced Labour: current issues & debates

The likely impact of recent employment law and ET reforms on vulnerable workers in the UK

Richard Dunstan, Social Policy Officer (Employment)

Vulnerable workers

• Low paid, low skilled

• Working for a small employer (<50)

• Working in a non-unionised workplace

• Poor awareness of their rights, and how to enforce them (often exacerbated by language barriers)

• Relatively short-term employment

Impact of reforms on VWs

• Pay, and job security

• Access to advice and support

• Routes to enforcement

Pay, and job security

• Agricultural workers – abolition of AMW regime, AWBs

• Unfair dismissal qualification period = 2 years

• Clause 12 of ERR Bill – offer of a compromise (settlement) agreement not admissible as evidence in any subsequent unfair dismissal claim = Beecroft’s compensated no-fault dismissal?

Access to advice and support

• Abolition of almost all legal aid for employment advice (and other welfare law) from April 2013

• General squeeze on NFP legal advice sector (CABx and Law Centres) due to cuts in local authority funding

• Acas helpline?

Routes to enforcement

• Statutory workplace rights enforcement bodies (HMRC, GLA, EASI, HSE) via Pay & Work Rights Helpline

• All under-resourced and financially squeezed

• Employment Tribunal system

ET system - access

• Unfair dismissal qualification period = 2 years• Implemented April 2012

• Acas pre-claim conciliation (cl 7-9 of ERR Bill)• Impact of fees on respondent engagement?

• Fees (secondary legislation, forthcoming)

ET fees

• Simple claims (unpaid wages, notice pay, holiday pay, breach of contract): £160 + £230 = £390

• All other claims: £250 + £950 = £1,200

• Fees not refunded by State where claim successful

• Inadequate & ineffective fee remission scheme?

ET process

• Deposit order – maximum doubled to £1,000

• Costs order – maximum doubled to £20,000

• Non-payment of ET awards – no reform

Combined impact of reforms on VWs

• Decreased job security and legal protection

• Reduced access to legal advice and support

• Reduced access to ET system

= A Charter for Rogues

• Any positives?