A think-tank report said that employers needed to recognize that fostering insecurity was not a sustainable management tool. Labour markets could not become simply 'hire and fire' without having a damaging effect on workplace performance. If employers could no longer offer the level of economic security that was expected of them, this needed to be accommodated in some other way, through greater employee engagement.
Source: John Knell and John Philpott, Up to the Job, Demos
Date: 2011-Dec
An article said that European Union countries that had maintained relatively strong employment protections had tended to experience fewer labour market disruptions than countries with weaker employment protections. Although there had been some convergence in employment and social protection policy across Europe, the trend had been towards less security rather than 'flexicurity'.
Source: Jason Heyes, 'Flexicurity, employment protection and the jobs crisis', Work, Employment and Society, Volume 25 Number 4
Links: Abstract
Date: 2011-Dec
An article examined the developing case law on religion or belief discrimination in the workplace. It focused on the so-called ?clash of rights? between religion or belief and other protected grounds. The desire to keep claims for religion or belief discrimination within reasonable bounds while maintaining apparent neutrality led to some danger of a distortion of equality law. The fundamental problem arose because of a confusion of a freedom guaranteed by human rights law with the need to protect individuals from less favourable treatment because of their membership of a group disadvantaged in the labour market.
Source: Gwyneth Pitt, 'Keeping the faith: trends and tensions in religion or belief discrimination', Industrial Law Journal, Volume 40 Number 4
Links: Abstract
Date: 2011-Dec
Figures obtained under a Freedom of Information request showed that, out of a total 218,100 employment tribunal claims in 2010-11, just 277 alleged that employers had failed to observe flexible working regulations. The majority of these claims (229) were successfully conciliated or settled out of court. Of the 48 that actually reached tribunal, just 10 were successful.
Source: Press release 3 November 2011, Chartered Institute of Personnel and Development
Links: CIPD press release | Guardian report
Date: 2011-Nov
The coalition government responded to the results of consultation on proposals to weaken workplace rights. The qualifying period for unfair dismissal would be extended, and an 'overhaul' of employment tribunals would benefit employers by £40 million per year.
Source: Resolving Workplace Disputes: Government Response to the Consultation, Department for Business, Innovation and Skills
Links: Response | Hansard | DBIS press release | HOC research brief | BCC press release | CBI press release | CIPD press release | Citizens Advice press release | TUC press release | Unite press release | Guardian report | Personnel Today report | Telegraph report
Notes: Consultation document (January 2011)
Date: 2011-Nov
An article said that strict employment protection legislation gave immigrants a comparative advantage relative to natives in European countries. Immigrants were often less aware of employment protection regulations and less likely to claim their rights – which might create a gap between the costs for employers of hiring a native relative to hiring an immigrant.
Source: Filipa Sa, ' Does employment protection help immigrants? Evidence from European labor markets', Labour Economics, Volume 18 Issue 5
Links: Abstract
Date: 2011-Oct
The coalition government published a discussion paper on the principles guiding its approach to the legal framework of the labour market. It said that it wanted a labour market in which both employers and workers were informed and empowered, able to negotiate their relationship within a framework of fundamental protections, with minimal intervention by the government.
Source: Flexible, Effective, Fair: Promoting economic growth through a strong and efficient labour market, Department for Business, Innovation and Skills
Links: Discussion paper | Hansard | DBIS press release
Date: 2011-Oct
The coalition government announced that the qualification period for the right to claim unfair dismissal would be extended from 1 to 2 years, with effect from April 2012. Workers making applications to employment tribunals would be required to pay charges of up to £1,000.
Source: Press release 3 October 2011, Department for Business, Innovation and Skills
Links: DBIS press release | CIPD press release | People Management report
Date: 2011-Oct
An article examined the extent to which measures taken in Britain to implement the European Union Directive on part-time work had achieved the objectives behind the measure. Implementation had been 'partial and incomplete', and progress in promoting flexible working had yet to alter the underlying disadvantages encountered by part-time workers. There was a need for further law and policy to respond more effectively to the Directive's objectives.
Source: Mark Bell, 'Achieving the objectives of the part-time work Directive? Revisiting the part-time workers regulations', Industrial Law Journal, Volume 40 Number 3
Links: Abstract
Date: 2011-Sep
A new book examined whether there was such a thing as a distinctively European social model In the field of labour law and social security law.
Source: Antoine Jacobs, Labour and the Law in Europe: A satellite view on labour law and social security law in Europe, Wolf Legal Publishers
Links: Summary
Date: 2011-Sep
An annual review of working conditions in the European Union explored five key themes: labour market policies and demographic changes; social protection; flexicurity and corporate social responsibility; working conditions; and equal opportunities.
Source: Mario Giaccone, Annual Review of Working Conditions 2009-2010, European Foundation for the Improvement of Living and Working Conditions
Links: Report
Date: 2011-Jul
An employers' organization called on the government to fundamentally rethink its approach to employment law, in order to bolster workplace flexibility and foster better employment relations. The government should adopt a simpler approach to future employment law that maximized 'choice' for employers and staff.
Source: Thinking Positive: The 21st century employment relationship, Confederation of British Industry/Hay Group
Links: Report | CBI press release | Personnel Today report
Date: 2011-Jul
A trade union report highlighted shortcomings in labour laws in European Union member states, including insufficient protection from anti-union discrimination and unreasonable restrictions on the right to strike. It also criticized European Court of Justice rulings that had eroded fundamental workers' rights, and cited persistent discrimination against women at work.
Source: Internationally Recognised Core Labour Standards in the European Union: Report for the WTO General Council review, International Trade Union Confederation
Links: Report | ITUC press release
Date: 2011-Jul
The coalition government refused to adopt a new set of international standards aimed at improving the working conditions of domestic workers.
Source: Text of the Convention Concerning Decent Work for Domestic Workers, International Labour Organization
Links: Convention | ILO press release | TUC press release | Guardian report | People Management report
Date: 2011-Jun
An article presented findings from a survey of front-line employment advisers in Citizens Advice Bureaux and Law Centres. Under-funding by government at a time of rising demand from workers had affected the service the advisers were able to provide, and the quality of their own working life.
Source: Stephanie Tailby, Anna Pollert, Stella Warren, Andy Danford, and Nick Wilton, 'Under-funded and overwhelmed: the voluntary sector as worker representation in Britain's individualised industrial relations system', Industrial Relations Journal, Volume 42 Issue 3
Links: Abstract
Date: 2011-May
A report said that the 'knee-jerk opposition' of much of the business lobby to many employment rights betrayed an underlying bias against employment regulation, which at times flew in the face of economic evidence.
Source: The Economic Rights and Wrongs of Employment Regulation, Chartered Institute of Personnel and Development
Links: Report | CIPD press release | IOD press release | People Management report
Date: 2011-May
A study based on 23 case studies in 6 European Union countries examined workplace measures to improve working conditions through social dialogue.
Source: Oxford Research, Social Dialogue and Working Conditions, European Foundation for the Improvement of Living and Working Conditions
Date: 2011-May
The coalition government announced that it would consider 'reforming' employment protection law in relation to collective redundancy consultation periods, the Transfer Undertakings Protection of Employment (TUPE) regulations, and compensation for discrimination awarded by employment tribunals.
Source: Written Ministerial Statement 11 May 2011, columns 37-38WS, House of Commons Hansard, TSO
Links: Hansard | HMT press release | Conservative Party press release | BCC press release | TUC press release | UNISON press release | Unite press release | Working Families press release | BBC report | Guardian report | Personnel Today report
Date: 2011-May
A report said that tens of thousands of workers in low-paid, low-skilled jobs were being denied their legal right to take time off. Denial of paid holiday entitlement was widespread, especially among small employers in low-profitability sectors of the economy.
Source: Give Us a Break! The CAB service s case for a Fair Employment Agency, Citizens Advice
Links: Report | Citizens Advice press release
Date: 2011-Apr
An article examined legislative and judicial approaches to defining employment status. It explored the significant changes and growing complexity in employment relationships themselves, with multilateral forms becoming more prominent, and offered a new typology to reflect them. The law had failed to create a coherent approach to defining status; in particular it had failed to appreciate the characteristics of emerging forms of self-employment, treating it as merely a default category of employment.
Source: Patricia Leighton and Michael Wynn, 'Classifying employment relationships – more sliding doors or a better regulatory framework?', Industrial Law Journal, Volume 40 Number 1
Links: Abstract
Date: 2011-Mar
An article said that the concept of 'flexicurity' in the European Union's employment strategy was underdeveloped, and suffered from a number of serious shortcomings. The flexicurity approach should either be abandoned or be substantially improved.
Source: Luigi Burroni and Maarten Keune, 'Flexicurity: a conceptual critique', European Journal of Industrial Relations, Volume 17 Number 1
Links: Abstract
Date: 2011-Mar
An article examined the findings of an evaluation of judicial mediation for discrimination cases, piloted by the employment tribunal service.
Source: Andrew Boon, Peter Urwin, and Valeriya Karuk, 'What difference does it make? Facilitative judicial mediation of discrimination cases in employment tribunals', Industrial Law Journal, Volume 40 Number 1
Links: Abstract
Date: 2011-Mar
An article examined whether employers might benefit significantly from bullying in the workplace. Bullying was better understood as an endemic feature of the capitalist employment relationship.
Source: David Beale and Helge Hoel, 'Workplace bullying and the employment relationship: exploring questions of prevention, control and context', Work, Employment and Society, Volume 25 Number 1
Links: Abstract
Date: 2011-Mar
A business organization called for a series of policy changes designed to boost economic growth without increasing public spending. They included: 'releasing' green belt land for development; a fast-track planning system designed to override local objections; making it harder for workers to bring employment tribunal cases; abolishing workers' rights to request flexible working and time off for training; and ending national collective bargaining in the National Health Service and the education sector.
Source: IoD Freebie Growth Plan, Institute of Directors
Links: Report | GMB press release | TUC press release | Unite press release | BBC report | Personnel Today report
Date: 2011-Feb
The government began consultation on proposals to 'improve' the way in which workplace disputes were resolved. The qualifying period for employees to be able to bring a claim for unfair dismissal would be increased from one to two years. The consultation was published alongside an 'Employer's Charter', which emphasized the right of employers to make employees redundant or take a pay cut, and to withhold pay from employees when they were on strike.
Source: Resolving Workplace Disputes, Department for Business, Innovation and Skills | Employer's Charter, Department for Business, Innovation and Skills
Links: Consultation document | Impact assessment | Employers charter | Hansard | DBIS press release | CBI press release | CIPD press release | REC press release | Unite press release | Work Foundation press release | Guardian report | Personnel Today report
Date: 2011-Jan