An Employment Bill was published by the government. Tough new penalties would be introduced for businesses not paying workers the minimum wage, and for agencies which tried to exploit workers and undercut legitimate businesses. Changes to the dispute resolution system would lighten the regulatory burden on business and encourage more workplace disputes to be resolved earlier and informally.
Source: Employment Bill [HL], Department for Business, Enterprise and Regulatory Reform, TSO (0870 600 5522)
Links: Text of Bill | Explanatory notes | DBERR press release | TUC press release | REC press release | Personnel Today report
Date: 2007-Dec
The government responded to a report by a committee of MPs on the private equity industry.
Source: Private Equity: Responses from the Government and the Financial Services Authority to the Committee's Tenth Report, Second Special Report (Session 2007-08), HC 145, House of Commons Treasury Select Committee, TSO (0870 600 5522)
Links: Response | MPs report | TUC press release
Date: 2007-Dec
A report examined the experiences of low-paid, non-unionized workers with problems at work. It highlighted vulnerable workers' isolation, and the obstacles they faced when attempting to resolve grievances. 47 per cent had no conclusion to their problems, and only 18 per cent had a satisfactory outcome.
Source: Anna Pollert, The Unorganised Vulnerable Worker: The case for union organising, Institute of Employment Rights (020 7498 6919)
Links: Summary | UWE press release
Date: 2007-Dec
A report said that tens of thousands of the most vulnerable workers were being exploited by 'rogue' employers. It called for a 'fair employment commission' with the legal powers and resources to secure individual workers their rights and bring bad employers to account.
Source: Rooting out the Rogues, Citizens Advice (020 7833 2181)
Links: Report | Citizens Advice press release | REC press release
Date: 2007-Dec
A Member of Parliament introduced a Bill designed to extend the application of the Transfer of Undertakings (Protection of Employment) Regulations 2006 to the acquisition and disposal of substantial shareholdings by private equity companies.
Source: Private Equity (Transfer of Undertakings and Protection of Employment) Bill, John Heppell MP, TSO (0870 600 5522)
Links: Hansard
Date: 2007-Dec
A Member of Parliament introduced a Bill designed to provide for the protection of temporary and agency workers; to require the principle of equal treatment to be applied to temporary and agency workers; to make provision about the enforcement of rights of temporary and agency workers.
Source: Temporary and Agency Workers (Equal Treatment) Bill, Andrew Miller MP, TSO (0870 600 5522)
Links: Hansard
Date: 2007-Dec
The government announced plans to proceed with a Bill on employment protection. Based on the outcome of the Gibbons review of workplace dispute resolution, the Bill would implement a package of replacement measures following the repeal of statutory dispute resolution procedures, and encourage early/informal resolution and changes to the employment tribunal system. The Bill would also clarify and strengthen the frameworks for enforcing the national minimum wage and employment agency standards.
Source: Her Majesty's Most Gracious Speech to Both Houses of Parliament, 6 November 2007, TSO (0870 600 5522)
Links: Queens Speech | Downing Street press release | TUC press release | CIPD press release
Date: 2007-Nov
The Employment Appeal Tribunal ruled that employers had a legal obligation to consult with employee representatives about the reason for closing a workplace. (Previously employers had only had to consult on ways of avoiding the dismissals, of reducing the number of dismissals involved, and mitigating the effects of the dismissals.)
Source: UK Coal Mining Ltd v National Union of Mineworkers and British Association of Colliery Management, Employment Appeal Tribunal hearing 27-28 September 2007
Links: Text of judgement
Date: 2007-Oct
The government announced that the number of employment agency standard inspectors would be doubled, and that the practice of forcing workers to pay for accommodation or transport or other things they might not want would be made illegal. The punishment for abuse would be unlimited fines.
Source: Speech by John Hutton MP (Secretary of State for Business, Enterprise and Regulatory Reform), 12 September 2007
Links: DBERR press release | Times report | Guardian report | BBC report
Date: 2007-Sep
The number of cases brought to employment tribunals in Great Britain in 2006-07 rose by 15 per cent, from 115,039 in 2005-06 to 132,577. There was a 155 per cent increase in equal pay claims.
Source: Employment Tribunal and EAT Statistics (GB) 1 April 2006 to 31 March 2007, Tribunals Service/Ministry of Justice (0845 795 9775)
Links: Report | MOJ press release | Fawcett Society press release | Guardian report | Personnel Today report | FT report
Date: 2007-Sep
A trade union report highlighted exploitation of Polish and Lithuanian workers. More than a quarter of those surveyed had had problems with payment, including not being paid for hours worked, and unauthorized deductions.
Source: Bridget Anderson, Nick Clark, Violetta Parutis, New EU Members? Migrant Workers' Challenges and Opportunities to Trade Unions – A Polish and Lithuanian case study, Trades Union Congress (020 7467 1294)
Links: Report | TUC press release | BBC report | Personnel Today report
Date: 2007-Sep
A study found that employment tribunal claimants who were more satisfied with the outcome of their case also tended to incur fewer financial costs, were less likely to experience negative effects such as stress or depression, and were more likely to find a better job after the claim. The existence of an active trade union in the workplace was found to be associated with higher levels of satisfaction among employers.
Source: Kathy Armstrong and David Coats, The Costs and Benefits of Employment Tribunal Cases for Employers and Claimants, Employment Relations Research Series 83, Department for Business, Enterprise and Regulatory Reform (020 7215 5177)
Links: Report
Date: 2007-Aug
A report examined the settlement of employment tribunal cases, based on 2003 survey data. There was evidence that both claimants and employers suffered from excessive optimism, or from 'self-serving bias', and that this could be an impediment to settlement. Intervention by the Advisory, Conciliation and Arbitration Service appeared to enhance the probability of settlement.
Source: Paul Latreille, The Settlement of Employment Tribunal Cases: Evidence from SETA 2003, Employment Relations Research Series 61, Department for Business, Enterprise and Regulatory Reform (020 7215 5177)
Links: Report
Date: 2007-Aug
Researchers found that there was no statistical difference in the levels of satisfaction expressed with the outcome of employment tribunal cases, as between those claimants represented on a contingent fee ('no win no fee') arrangement and those who did not have such an arrangement.
Source: Geraldine Hammersley, Jane Johnson and David Morris, The Influence of Legal Representation at Employment Tribunals on Case Outcome, Employment Relations Research Series 84, Department for Business, Enterprise and Regulatory Reform (020 7215 5177)
Links: Report
Date: 2007-Aug
The government announced that it planned to introduce an Employment Simplification Bill. The Bill would be designed to deliver simpler and fairer enforcement of the national minimum wage; and to simplify, clarify, and build a stronger enforcement regime for key aspects of employment law.
Source: The Governance of Britain: The Government?s Draft Legislative Programme, Cm 7175, Leader of the House of Commons, TSO (0870 600 5522)
Date: 2007-Jul
An article said that child workers generally remained 'invisible' as far as central government was concerned, apart from periodic shows of activity. More policy-orientated research was required to help local authorities discover 'best practice' for ensuring the welfare of this group of young workers.
Source: Sandy Hobbs, 'Making child employment in Britain more visible', Critical Social Policy, Volume 27 Issue 3
Links: Abstract
Date: 2007-Jul
The government announced the creation of a Vulnerable Worker Enforcement Forum. The Forum would bring together experts from unions, business, enforcement and advice bodies to look at the best way to protect vulnerable workers (those working in an environment where the risk of being denied employment rights was high, and who did not have the capacity or means to protect themselves from abuse).
Source: Press release 1 June 2007, Department of Trade and Industry (020 7215 5000)
Links: DTI press release | Personnel Today report
Date: 2007-Jun
The European Court of Human Rights ruled that an employer had violated an employee's right to privacy when they logged details of her personal phone calls, analyzed websites she visited, and tracked her e-mail correspondence.
Source: Copland v The United Kingdom, European Court of Human Rights (+33 0 3884 12018)
Links: Text of judgement | Liberty press release
Date: 2007-Apr
Researchers examined the impact of regulations (introduced in 2003) making it unlawful for employers to discriminate against their employees on grounds of sexual orientation, and of religion or belief. Workplace discrimination allegations regarding sexual orientation were dominated by claims of bullying and harassment - including name calling, threats, and physical assaults.
Source: Ben Savage, Sexual Orientation and Religion or Belief Discrimination in the Workplace, Advisory, Conciliation and Arbitration Service (020 7210 3613) | Ann Denvir, Andrea Broughton, Jonny Gifford and Darcy Hill, The Experiences of Sexual Orientation and Religion or Belief Discrimination Employment Tribunal Claimants, Advisory, Conciliation and Arbitration Service
Links: Combined report | ACAS press release | Personnel Today report
Date: 2007-Apr
An article reported findings from a survey of representatives in employment tribunal cases, focusing on their views regarding the Advisory, Conciliation and Arbitration Service (Acas). Acas officers were found to be influential and effective in promoting settlement, and high levels of satisfaction were reported.
Source: Paul Latreille, Julie Latreille and Ben Knight, 'Employment tribunals and Acas: evidence from a survey of representatives', Industrial Relations Journal, Volume 38 Issue 2
Links: Abstract
Date: 2007-Mar
An article examined the idea that a unified body of employment law for 'employees' and 'workers' was both feasible and desirable. It reconceptualized the employment relationship as a 'personal employment contract' covering both employees and the dependent self-employed.
Source: Simon Deakin, 'Does the "personal employment contract" provide a basis for the reunification of employment law?', Industrial Law Journal, Volume 36 Number 1
Links: Abstract
Date: 2007-Mar
A government-commissioned review said that the 2004 Dispute Resolution Regulations had had unintended consequences which had 'outweighed their benefits'. The government responded by beginning a consultation on whether there should be a new, swift approach for dealing with straightforward claims without the need for employment tribunal hearings; and a reformed tribunal system with simplified processes and timings.
Source: Michael Gibbons, A Review of Employment Dispute Resolution in Great Britain, Department of Trade and Industry (0870 150 2500) | Resolving Disputes in the Workplace: A Consultation, Department of Trade and Industry
Links: Report | Consultation document | DTI press release | ACAS press release | Personnel Today report
Date: 2007-Mar
The government published an action plan designed to tackle human trafficking into the United Kingdom. It also signed the Council of Europe Convention on Action Against Human Trafficking.
Source: UK Action Plan on Tackling Human Trafficking, Home Office (0870 000 1585)
Links: Action plan | Home Office press release (1) | Home Office press release (2) | Amnesty press release | ACPO press release | Guardian report
Date: 2007-Mar
Researchers found that there was very little factual and robust evidence concerning trafficking of adults to the United Kingdom for the purposes of labour exploitation. Some areas of knowledge were more extensively addressed than others, but there were still significant knowledge gaps.
Source: Samantha Dowling, Karen Moreton and Leila Wright, Trafficking for the Purposes of Labour Exploitation: A literature review, Online Report 10/07, Home Office (web publication only)
Links: Report
Date: 2007-Mar
A private member's Bill designed to improve the rights of temporary and agency workers failed to get a second reading after being 'talked out' by the government.
Source: Temporary and Agency Workers (Prevention of Less Favourable Treatment), Paul Farrelly MP, TSO (0870 600 5522) | House of Commons Hansard, Debate 2 March 2007, columns 1245-, TSO
Links: Text of Bill | Hansard | Personnel Today report | Guardian report
Date: 2007-Mar
A report said that 'modern' slavery existed in the United Kingdom in various forms. All exhibited severe economic exploitation; the absence of a framework of human rights; and control of one person over another by the prospect or reality of violence. Trafficking into the United Kingdom for sexual or domestic labour involved hundreds or even thousands of women and children.
Source: Gary Craig, Aline Gaus, Mick Wilkinson, Klara Skrivankova and Aidan McQuade, Contemporary Slavery in the UK: Overview and key issues, York Publishing Services for Joseph Rowntree Foundation, available from York Publishing Services Ltd (01904 430033)
Links: Report | JRF Findings | JRF press release | REC press release | Guardian report
Date: 2007-Feb
Date: 2007-Feb
A think-tank paper said that the cause of justice at work would not be best served by introducing any new employment laws in the near future. Instead, what was needed was a new policy initiative aiming to encourage employers both to comply with existing laws and actively pursue a fairness at work agenda.
Source: Paul Edwards, Justice in the Workplace: Why it is important and why a new public policy initiative is needed, Work Foundation (0870 165 6700)
Links: Paper
Date: 2007-Jan
An article examined how the government's allegiance to a ?flexible? labour market had brought new restrictions on access to statutory employment protection.
Source: Anna Pollert, 'Britain and individual employment rights: "paper tigers, fierce in appearance but missing in tooth and claw"', Economic and Industrial Democracy, Volume 28 Number 1
Links: Abstract
Date: 2007-Jan
A survey of employers found that statutory dispute resolution procedures had made managing conflict at work more complex, and failed to reduce the burden on the employment tribunal system.
Source: Managing Conflict at Work, Chartered Institute of Personnel Development (020 8971 9000)
Links: CIPD press release | FT report
Date: 2007-Jan