The government began consultation on proposals to improve the transparency and terms of zero hours contracts. The consultation would close on 13 March 2014.
Source: Zero Hours Employment Contracts, Department for Business, Innovation and Skills
Links: Consultation document | DBIS press release | BCC press release | CBI press release
Date: 2013-Dec
A report examined the reasons for the growth in temporary employment for young people across the European Union, and access to social protection for young people on temporary or fixed-term contracts. Drawing on data from the European Restructuring Monitor, it said that young people had been particularly affected by the recession, and a large proportion of workers aged 25 and under (42 per cent compared with 10 per cent of workers aged 25-64) were employed on temporary contracts. The report reviewed the measures employed to regulate the use of these contracts in various countries, and discussed options.
Source: Manos Matsaganis, Nirina Rabemiafara, and Terry Ward, Young People and Temporary Employment in Europe, European Foundation for the Improvement of Living and Working Conditions
Date: 2013-Dec
An article examined the contrasting explanations for the cross-national variations in the prevalence and nature of informal employment in Europe. Wealthier, less corrupt, and more equal economies with higher levels of labour market intervention, social protection, and redistribution via social transfers had lower levels of informal employment.
Source: Colin Williams, 'Evaluating cross-national variations in the extent and nature of informal employment in the European Union', Industrial Relations Journal, Volume 44 Issue 5-6
Links: Abstract
Date: 2013-Dec
A study examined how businesses made money from forced labour in cannabis 'grow-ops', the construction industry and the food sector. The report said that aspects of the United Kingdom economy created a pool of people who were vulnerable to forced labour. It said that sector-specific conditions created opportunities for this to be exploited, such as: the illegality of the product (cannabis production); volatility and self-regulation in the sector (construction); and seasonality (food). The report recommended the development of a multi-stakeholder action plan to co-ordinate action, price exploitation from the market, regulate labour providers, and improve enforcement and prosecution.
Source: Jean Allain, Andrew Crane, Genevieve LeBaron, and Laya Behbahani, Forced Labour's Business Models and Supply Chains, Joseph Rowntree Foundation
Links: Report | Summary | Queen's University press release
Date: 2013-Nov
A report examined successful employment tribunal claims where money was awarded in England and Wales, and Scotland. The survey examined the award payments and reasons for non-payment, as well as how the different enforcement routes were used.
Source: IFF Research, Payment of Tribunal Awards: 2013 study, Department for Business, Innovation and Skills, TSO
Links: Report | Data | DBIS press release
Date: 2013-Nov
A briefing paper examined the evidence around zero-hours contracts.
Source: Doug Pyper and Feargal McGuinness, Zero-hours Contracts, Standard Note SN/BT/6553, House of Commons Library
Links: Briefing paper
Date: 2013-Oct
The coalition government announced (following consultation) that it intended to amend the law relating to the protection of employees following a transfer of employer, in order to remove so-called 'gold plating' of provisions in European Union law. Employers would be able to renegotiate terms and conditions provided for in collective agreements one year after the transfer provided that overall the change was no less favourable. Where the place of work changed after the transfer, any redundancies due to that change would no longer be automatically unfair.
Source: Transfer of Undertakings (Protection of Employment) Regulations 2006: Government Response to Consultation, Department for Business, Innovation and Skills
Links: Response to consultation | Hansard | DBIS press release | GMB press release | TUC press release | Professional Pensions report
Notes: Consultation document (January 2013)
Date: 2013-Sep
An article examined the impact of employment protection legislation for temporary employment, along with permanent employment, in European Union countries. It was found that the use of temporary contracts had a negative, even if small, effect on labour productivity. Employment protection legislation for regular contracts reduced labour productivity growth more in those industries requiring a greater employment reallocation.
Source: Domenico Lisi, 'The impact of temporary employment and employment protection on labour productivity: evidence from an industry-level panel of EU countries', Journal for Labour Market Research, Volume 46 Issue 2
Links: Abstract
Date: 2013-Aug
An article said that a positive account of freedom as capability required the protection of labour rights under the European Convention on Human Rights, and led to the development of important principles on human rights at work.
Source: Virginia Mantouvalou, 'Labour rights in the European Convention on Human Rights: an intellectual justification for an integrated approach to interpretation', Human Rights Law Review, Volume 13 Issue 3
Links: Abstract
Date: 2013-Aug
The Draft Deregulation Bill was published. The draft Bill was designed to amend or repeal 182 different pieces of legislation, removing 'unnecessary burdens' on businesses, public bodies, and individuals. Measures included: depriving 800,000 self-employed workers in low-risk occupations of health and safety protection; exempting 'hundreds of thousands' of low-risk businesses from health and safety inspections; and increasing the qualifying period for unfair dismissal from one to two years.
Source: Draft Deregulation Bill, Cabinet Office, TSO
Links: Draft Bill | Cabinet Office press release | IER press release
Date: 2013-Jul
A new book examined the relevance of the European Convention on Human Rights for the protection of workers' rights in Europe.
Source: Filip Dorssemont, Klaus Lorcher, and Isabelle Schomann (eds), The European Convention on Human Rights and the Employment Relation, Hart Publishing
Links: Summary
Date: 2013-Jun
A study examined whether employee benefits had kept pace with demographic changes in the workforce. It highlighted worsening financial insecurity among employees, with a significant gap between employer-provided benefits and the protection required. The reduced financial protection was due to falling real wages; the decline in generous occupational pensions; reduction in statutory labour market protection; and the continued 'reform' of social security benefits. Women were disproportionately affected.
Source: Nick Bacon and Kim Hoque, Keeping Pace? Financial insecurity in the modern workforce, Unum
Links: Report | City University press release
Date: 2013-Jun
An article examined the effectiveness of the affirmative action programme in Northern Ireland in promoting fair employment participation by Catholics and Protestants. There had been a general shift toward workforce integration: but the increase of under-represented groups covered by the programme was greater than in others. The success of the programme, however, was limited to certain industrial sectors and medium-sized enterprises.
Source: Raya Muttarak, Heather Hamill, Anthony Heath, and Christopher McCrudden, 'Does affirmative action work? Evidence from the operation of fair employment legislation in Northern Ireland', Sociology, Volume 47 Issue 3
Links: Abstract
Date: 2013-Jun
A report called for a strategic approach to tackling forced labour. The number of people experiencing forced labour might run into thousands, including many who were entitled to work in the United Kingdom, being European Union migrants and UK citizens. Forced labour and trafficking formed part of more general labour exploitation, requiring effective criminal justice and workplace rights interventions: it should not be seen as an immigration issue. A linked report examined media reporting of the issue.
Source: Alistair Geddes, Gary Craig, and Sam Scott (with Louise Ackers, Olivia Robinson, and Dianne Scullion), Forced Labour in the UK, Joseph Rowntree Foundation | Emily Dugan), Forced Labour and Human Trafficking: Media Coverage in 2012, Joseph Rowntree Foundation
Links: Report (1) | Summary | Report (2) | JRF blog post | Durham University press release
Date: 2013-Jun
A think-tank report examined cases in which European Union directives had been 'gold-plated' during translation into United Kingdom law, creating unnecessary additional burdens for businesses. These included the agency workers regulations, and the Directives on working time, parental leave, and collective redundancies.
Source: Philip Sack, The Midas Touch: Gold-plating of EU employment directives in UK law, Institute of Directors
Links: Report | IOD press release
Date: 2013-Jun
The Enterprise and Regulatory Reform Act 2013 was given Royal assent. The Act contained a wide range of measures, including:
The employment tribunal system would be reformed, by the provision of more options for the early resolution of disputes through the statutory arbitration and conciliation service.
Company shareholders were allowed a binding vote on the remuneration of directors.
There would be greater protection for individuals from harassment when they 'blew the whistle' at work: but they would only be protected at all if they raised matters of public interest.
Civil claims for breach of health and safety duties would only be possible where it could be proved that an employer had been negligent: and an employer would always be able to defend themselves on the basis of having taken all reasonable steps to protect their employees.
Abolition of the Agricultural Wages Board for England and Wales.
Discrimination on the grounds of caste would, for the first time, be treated as an aspect of race in the Equality Act 2010 (following a government defeat in the House of Lords).
A clause designed to restrict the remit of the Equality and Human Rights Commission was removed (following a government defeat in the House of Lords).
Source: Enterprise and Regulatory Reform Act 2013, Department for Business, Innovation and Skills, TSO
Links: Act | Explanatory notes | DBIS press release | NSS press release | BBC report
Date: 2013-May
An article examined differences in temporary workers' job insecurity feelings and well-being in Europe. Low preferences for temporary contracts were associated (via higher job insecurity) with lower job satisfaction, impaired health, and higher irritation.
Source: Claudia Bernhard-Oettel, Thomas Rigotti, Michael Clinton, and Jeroen de Jong, 'Job insecurity and well-being in the temporary workforce: testing volition and contract expectations as boundary conditions', European Journal of Work and Organizational Psychology, Volume 22 Issue 2
Links: Abstract
Date: 2013-Apr
A report by a committee of MPs condemned the blacklisting of workers by construction companies in Scotland, often for raising health and safety concerns.
Source: Blacklisting in Employment: Interim report, Ninth Report (Session 2012-13), HC 1071, House of Commons Scottish Affairs Select Committee, TSO
Links: Report | Oral and written evidence | GMB press release | IER press release | STUC press release | BBC report
Date: 2013-Apr
An article examined the role of the European Court of Justice in undermining the ability of states to retain their regulatory autonomy over labour or social welfare law and, arguably, speeding up the unravelling of the 'embedded liberal bargain' under which institutions of social citizenship at domestic level served to counter the liberalization of the internal market.
Source: Diamond Ashiagbor, 'Unravelling the embedded liberal bargain: labour and social welfare law in the context of EU market integration', European Law Journal, Volume 19 Issue 3
Links: Abstract
Date: 2013-Apr
The Growth and Infrastructure Act 2013 was given Royal assent. Under the Act:
Developers who proposed 'nationally significant' projects would be able to use a 'fast-track' planning process.
Developers would be allowed to reopen agreements with local councils on developments involving a quota of affordable homes, in cases where the plans had been considered 'economically unrealistic'.
There would be a temporary relaxation on home extensions in England. This proposal was amended (following a vote in the House of Lords) to provide for neighbours to be consulted before extensions could be approved.
An 'employee-ownership' scheme would be created, under which workers who agreed to give up fundamental employment rights would receive £2,000 in shares. Provisions of the scheme were heavily amended (following votes in the House of Lords), including making free legal advice available to those considering the scheme.
Source: Growth and Infrastructure Act 2013, Department for Communities and Local Government, TSO
Links: Act | Explanatory notes | DCLG press release | Civic Voice press release | IER press release | LGA press release | OSS press release | TUC blog post | BBC report (1) | BBC report (2) | Guardian report | Inside Housing report | Public Finance report | Telegraph report
Date: 2013-Apr
A study found that businesses that viewed employment law as burdensome often did so because of a lack of understanding of the law. Dismissal processes in particular were seen as stressful and costly, with some employers going beyond legal requirements in the mistaken belief that such action was necessary.
Source: Elizabeth Jordan, Andrew Thomas, John Kitching, and Robert Blackburn, Employer Perceptions and the Impact of Employment Regulation, Research Report 123, Department for Business, Innovation and Skills
Links: Report | DBIS press release | IER press release | UnionHome blog post
Date: 2013-Mar
A committee of MPs approved new legislation to halve the consultation period for redundancies from 90 days to 45 (using a procedure that avoided a debate and vote on the floor of Parliament).
Source: Draft Trade Union and Labour Relations (Consolidation) Act 1992 (Amendment) Order 2013, TSO
Links: Commons General Committee minutes | New Statesman report
Date: 2013-Mar
The coalition government published a report describing the principles behind its review of employment law, and the progress of the review. It said that its reforms were contributing to a 'fair, effective and flexible' labour market.
Source: Employment Law 2013: Progress on Reform, Department for Business, Innovation and Skills
Links: Report | Hansard | XpertHR report
Date: 2013-Mar
A commission report examined what could be done to reduce unfairness in the workplace and improve the quality of jobs available.
Source: Dan Whittle (ed.), Power, Pay, Progression & Justice at Work, Fair Work Commission (Unions21)
Links: Report
Date: 2013-Mar
A report examined the implementation of the European Union Directive on temporary agency work. It highlighted 'worrying trends' in various member states, in which the transposition measures were unsatisfactory or non-existent, or where a minimalist interpretation of the Directive had been adopted.
Source: Isabelle Schomann and Coralie Guedes, Temporary Agency Work in the European Union: Implementation of Directive 2008/104/EC in the member states, Report 125, European Trade Union Institute
Links: Report
Date: 2013-Feb
A new book examined the various legal rules relating to wages, and the themes underlying this area of regulation. It covered employment and wages, bonus payments and other non-typical discretionary payments, enforcement, collective bargaining, the National Minimum Wage Act 1998, the Working Time Regulations 1998, and the Equal Pay Act 1970 and other equality legislation.
Source: John Bowers, Simon Forshaw, and Andrew Edge, Regulation of Wages, Jordan Publishing
Links: Summary
Date: 2013-Feb
A paper examined the pros and cons of a single labour contract (abolishing or limiting the coexistence of several types of permanent and temporary contracts) in developed (OECD) countries. Although there were costs to the existing system, these were not as obvious and well established as the ones triggered by employment protection itself.
Source: Nicolas Lepage-Saucier, Juliette Schleich, and Etienne Wasmer, Economics Working Paper 1026, Moving Towards a Single Labour Contract: Pros, cons and mixed feelings, Organisation for Economic Co-operation and Development
Links: Paper
Date: 2013-Feb
The coalition government announced (in response to consultation) that it would introduce a 12-month pay cap on the compensatory award for unfair dismissal. It said that the existing cap (£72,300) went beyond the level necessary to provide adequate redress.
Source: Ending the Employment Relationship: Government Response to Consultation, Department for Business, Innovation and Skills
Links: Response | Hansard | DBIS press release | Impact assessment | IOD press release | TUC press release
Notes: Consultation document (September 2012)
Date: 2013-Jan
A report for the equal rights watchdog examined the recruitment practices of employers in relation to health questionnaires before a job offer was made to an applicant. Private sector employers were more likely to ask health-related questions of disabled applicants.
Source: Lorna Adams, Katie Oldfield, Laura Godwin, and Jolyon Fairburn-Beech, Use of Pre-Employment Health Questionnaires by Employers, Research Report 87, Equality and Human Rights Commission
Links: Report
Date: 2013-Jan
A report said that the unrelenting intensity of work generated under new performance management practices was having a 'significantly negative' impact on employees in Scotland. The practices were not justifiable on grounds of welfare, decency, dignity or well-being. They were also counterproductive from a managerial perspective: they required an enormous commitment of resources by middle and front-line management, and served merely to create a deep well of discontent among a highly pressurized workforce.
Source: Phil Taylor, Performance Management and the New Workplace Tyranny, Scottish Trades Union Congress
Links: Report | STUC press release
Date: 2013-Jan