Above: Hoey and fellow Labour reactionaries and racists at the launch of Labour Leave
Today’s Times, commenting on the Lords’ amendment to the Brexit Bill, calling on the government to guarantee the rights of EU citizens living in the UK, speaks for a lot of us:
“The spectacle of the unelected House of Lords hindering the business of the elected House of Commons is never a comfortable one. In the case of Wednesday’s amendment to the Brexit Bill, there is the added discomfort of the peers rather having a point.”
But of course, a similar amendment was put in the Commons last month, moved by Labour. Five Labour MPs voted against. We must never forget the names of these xenophobic scumbags: Frank Field, Kate Hoey, Kelvin Hopkins, Graham Stringer and Gisela Stuart, Labour MPs who voted against basic rights for EU citizens. http://www.independent.co.uk/news/uk/politics/brexit-bill-full-list-mps-voted-against-guaranteeing-eu-citizens-rights-article-50-a7570421.html
Nige and Dougie in happier times
The slow-motion car crash and hilarious pantomime that is the disintegration of Ukip seems to have been brought about in part at least, because Nigel Farage wants a knighthood, or perhaps a peerage. But preferably a knighthood, because a peerage would mean having to give up his cushy and well-paid seat in the European Parliament.
That’s right: Our Nige, Man of the People, the Outsider, the Scourge of the Establishment, wants a knighthood or a seat in the Lords!
When Douglas Carswell mocked the great Rebel’s ambitions, suggesting he should instead be given an OBE for “services to headline writers”, Farage was beside himself and publicly warned that the party will collapse unless its sole MP is thrown out.
Farage raged that Carswell had “sought to split and divide Ukip in every way imaginable” since defecting from the Conservatives in 2014. Farage said the leaked online exchange showed Mr Carswell was “consumed with jealousy and a desire to hurt me” and urged Paul Nuttall to expel him from the party.
Writing in The Daily Telegraph, Mr Farage said: “As a party, how can we let a man represent us in the House of Commons who actively and transparently seeks to damage us?
“I think there is little future for Ukip with him staying inside this party. The time for him to go is now.”
According toLord Pearson of Rannoch, Ukip’s former leader, initially tried to organise a peerage for Farage, backed by Ukip peer Lord Willoughby de Broke, last July in the wake of the EU referendum.
The plan were dropped when the pair realised Farage would have to resign as an MEP first before being allowed to accept a peerage.
Pearson then approached the Cabinet Office’s Parliamentary and political service honours committee about a knighthood for Mr Farage. It turned down the application at the end of July.
The peer then asked Carswell to approach Gavin Williamson, the Government’s chief whip, about appealing the decision to reject Farage’s application.
On December 30th Pearson emailed Carswell saying: “Dear Douglas, Could you let me know how your talk with Gavin Williamson went before Christmas? By phone if you prefer? Good wishes. Malcolm.”
Carswell replied the next morning on December 31 – the day the New Year’s honours were announced – saying: “As promised, I did speak to the government Chief Whip.
“Perhaps we might try angling to get Nigel an OBE next time round? For services to headline writers? An MBE, maybe?”
Pearson replied an hour later: “Dear Douglas, Let’s speak at your convenience. Ring me? Not sure an ‘Other Buggers’ Efforts’ quite hits the spot for Nige……..?! Malcolm”.
Farage said: “It could not be clearer that Douglas Carswell was negative in his response to the chief whip. He is consumed with jealousy and a desire to hurt both Ukip and me. What a sad figure he cuts.”
Pearson said the comments showed that it was “pretty clear [that Carswell] did not support” Farage’s knighthood.
He added: “It is true that I and others tried to get a knighthood for Nigel Farage and one way or another we failed, and we still think he should have one.
“I am not going to give up. I am going to go on and try to see whether we can get him a K in the Birthday honours in the summer.”
So much for the “radicalism” of Dulwich College educated ex-stockbroker Farage. Radicalism has a real meaning and tradition in politics and it couldn’t be further from Farage’s repackaged conservatism. So while we can all have a good laugh at Nige’s frustrated ambitions to join the aristocracy, our real job is to use this to drive a final nail into Ukip’s preposterous claim to represent the working class.
It was fortunate for both jazz and the phonograph industry that the emergence of both co-incided: the improvisational music that is jazz was caught in its early days by the phonograph, and jazz repaid the industry a million times over in sales of music that owed its existence to early jazz.
It is generally accepted that the first jazz records were laid down in New York on February 26 , 1917. The band was the Original Dixieland Jazz (or “Jass”) Band from New Orleans, and the records were Livery Stable Blues and Dixie Jass Band One-Step, which were released as the two sides of a 78 rpm record on April 17, 1917 which became a top-seller (and maybe an early million-seller). So far, so good. But at this point, race enters the story and makes matters difficult.
Because the Original Dixieland Jazz Band (or ODJB, as they are known in jazz history) were, indeed, from New Orleans – the recognised birthplace of jazz — but were white and achieved their success in New York. Jazz is, in its origins at least, primarily Afro-American, so surely the fact that the first jazz records were made by five white guys is a practical demonstration of racism, even in the foremost art-form developed by Afro Americans?
Well, maybe: but even disregarding the (unsubstantiated) legend that the black/creole trumpeter Freddy Keppard turned down a recording deal (on the grounds that rivals would steal his stuff) in 1916, before the ODJB recorded, there is no evidence that the Victor Talking Machine Company was motivated by racism when it recorded the ODJB, rather than a black band, for the first time. Where racism does come into the story is the reason the ODJB was such a sensation in New York in the first place. After all, James Reese Europe’s (black) orchestrated ragtime group and Bill Johnson’s Original Creole Band (featuring Keppard), which by all accounts was playing very similar music to the ODJB’s, had both already played New York but not achieved the success that came the way of the ODJB. Gunther Schuller, in his book Early Jazz, offers various explanations before concluding: “Finally, the color lines were undoubtedly still drawn so clearly as to make similar success for a comparable Negro group impossible.”
The spurious race issue has been further exacerbated by preposterous rants over the years from the ODJB leader and trumpet/cornetist Nick La Rocca, claiming that he and the ODJB had “invented” jazz and that black musicians had stolen from them: La Rocca’s racism (or, maybe, to be charitable, bitterness from a Sicilian who was himself the victim of prejudice), has antagonised jazz lovers ever since, and contributed to a general consensus in which the ODJB are down-graded as little more than a novelty act who struck lucky (mainly by dint of being white) and happened to make the first (supposed) jazz records.
Philip Larkin, not often cited as an anti-racist, wrote this about La Rocca’s claims (as repeated uncritically in The Story Of The Original Dixieland Jazz Band, by H.O.Brunn): “Mr Brunn’s thesis that the ODJB ‘invented’ jazz out of a kind of instrumental ragtime is put forward mainly by the staggering trick of completely omitting all reference to contemporary Negro New Orleansperformers such as Bolden, Oliver, Bunk Johnson or Keppard. No reader of this book would suspect that the Negroes had anything to do with jazz at all. Can this be the official Southern view?”
So was the ODJB actually any good, and are its records (still widely available on LP and CD) worth listening to? I have to admit that I can only listen to the ODJB as an exercise in musical archaeology – something that I wouldn’t say about King Oliver’s Creole Band, Jelly Roll Morton’s Red Hot Peppers, Armstrong’s Hot Fives and Sevens, or, indeed, the white New Orleans Rhythm Kings who started recording in 1923 – all these early bands sound fresh and exciting in a way that the novelty-effects and stiff rhythm of the ODJB simply does not (though the Victor records they made in the course of a brief 1936 re-union are a considerable improvement).
And yet … the ODJB was made up of good musicians. Clarinettist Larry Shields was a fine and surprisingly sensitive player, who influenced Benny Goodman and was respected by black and creole contemporaries, while drummer Tony Sparbaro (later Spargo) was a top-rank percussionist who could hold his own alongside the best black drummers of the day (he was also the only member of the original ODJB lineup to say active in jazz after the demise of the group in 1924: he was still playing and recording in the late 50’s). Even the much-scorned La Rocca can lay claim to having influenced the great Bix Beiderbeck; as Richard M. Sudhalter (in his monumental account of white jazz, Lost Chords) writes: “Visiting Bix in 1931, his old friend Dick Turner found him bitter and disillusioned, complaining that life had passed him by, that there was no one on whom he could depend – and that hot music held no further charms for him. ‘Hell,’ he told Turner, ‘there are only two musicians I’d go across the road to hear now, that’s Louis and La Rocca’.”
And talking of the great Armstrong, it’s worth remembering that his early record collection included discs by Caruso, Al Jolson … and the ODJB, whose Tiger Rag made a lasting impression on the young man and was part of his repertoire throughout his career. Louis even went so far as to state (in his first real autobiography Satchmo): “Between you and me it’s still the best” (ie the ODJB version of the tune).
Probably the fairest assessment of the ODJB comes from Gunther Schuller, in Early Jazz: “Still, in a balanced assessment of the ODJB, its best recordings, like Sensation Rag, Clarinet Marmalade, Dixie Jazz Band One Step and Livery Stable Blues, were an infuriating mixture of bad and good, of tasteless vulgarity and good musical intuitions. But beyond the music the ODJB left behind, it held, for better or worse, a crucial place in the formative period of jazz. It fulfilled the role in a manner that was not altogether unworthy.”
Surviving ODJB members Spargo and Edwards on a TV show in Sept 1960
Like the majority of people in the UK, us lot at Shiraz don’t have much time for Anthony Blair Esq, and wish he’d shut up (even – as on Brexit – when he’s making broadly the right noises). But, just for once, we applaud his decision to make a statement on an issue of public concern.
Illustration: Martin Rowson (Guardian)
Yesterday, The Daily Mail could scarcely contain its fury, accusing the Blair government of releasing and then paying compensation, to Jamal al-Harith, the British ISIS fighter who blew himself up in Iraq on Monday.
But in a strongly worded statement, Blair has hit back, noting that the £1 million compensation al-Harith received for his treatment in Guantanamo Bay was paid out not by Labour, but by David Cameron’s Tories in 2010, and that the campaign for al-Harith’s release was led by … the Daily Mail !
Blair’s statement reads:
“I would not normally respond to daily stories about events which happened during my time in office but on this occasion I will do so, given the utter hypocrisy with which this story is being covered.
The Daily Mail is running a story entitled ‘Still Think He Wasn’t A Danger, Mr Blair? Fury at Labour government’s £1m compensation for innocent Brit’, regarding news a former Guantanamo Bay detainee launched a suicide attack on behalf of ISIS this week.
It is correct that Jamal al-Harith was released from Guantanamo Bay at the request of the British government in 2004. This followed a massive media and parliamentary campaign, led by the Daily Mail, the very paper that is now supposedly so outraged at his release and strongly supported by the then Conservative opposition.
The Mail headline shortly after he was released after months of their campaigning was ‘Freedom At Last for Guantanamo Britons‘.
They then quoted with approval various human rights activists saying ‘clearly by what’s happened they’re not bad guys, they are entirely innocent.’”
Above left: yesterday’s Mail; right: the Mail when al-Harith was released
Blair went on to say when al-Harith’s release was announced ‘in very measured terms’ in 2004, ‘Conservative MPs reacted by strongly criticising not the release but why it had taken so long’.
“The fact is that this was always a very difficult situation where any government would have to balance proper concern for civil liberties with desire to protect our security, and we were likely to be attacked whatever course we took.
The reason it did take a long time for their release was precisely the anxiety over their true affiliations. […]
But those who demanded their release should not be allowed to get away with now telling us that it is a scandal that it happened.”
On this – if nothing else – we’re with you Blair. Keep stickin’ it to Dacre and those lying hypocritical scumbags at the Mail.
Amnesty International has released its 2016/17 Annual Report. Once again, I am indebted to the Morning Star for drawing my attention to a valuable publication. However (and once again) I have to note that the M Star’s coverage is – shall we say – misleading when it comes to the effects of the EU referendum campaign and result. The report notes (in the section on the UK), that “The National Police Chiefs’ Council’s official statistics in June and September showed a 57% spike in reporting of hate crime in the week immediately following the EU membership referendum, followed by a decrease in reporting to a level 14% higher than the same period the previous year. The UN High Commissioner for Human Rights expressed his concern in June. Government statistics published in October showed an increase in hate crimes of 19% over the previous year, with 79% of the incidents recorded classified as ‘race hate crimes’. In November, the CERD Committee called on the UK to take steps to address the increase in such hate crimes”.
As we’ve come to expect, the Brexit-supporting M Star makes no mention of this aspect of the report, but quotes (or is it a quote? There are no quote marks round it) Amnesty UK director Kerry Moscoguri saying that the attacks on migrants and refugees didn’t start with the Brexit campaign – a statement so banal and beside the point as to be meaningless.
Below: Amnesty’s press release summarises the report:
‘Politics of demonization’ breeding division and fear
- Amnesty International releases its Annual Report for 2016 to 2017
- Risk of domino effect as powerful states backtrack on human rights commitments
- Salil Shetty, head of the global movement, warns that “never again” has become meaningless as states fail to react to mass atrocities
Politicians wielding a toxic, dehumanizing “us vs them” rhetoric are creating a more divided and dangerous world, warned Amnesty International today as it launched its annual assessment of human rights around the world.
The report, The State of the World’s Human Rights, delivers the most comprehensive analysis of the state of human rights around the world, covering 159 countries. It warns that the consequences of “us vs them” rhetoric setting the agenda in Europe, the United States and elsewhere is fuelling a global pushback against human rights and leaving the global response to mass atrocities perilously weak.
“2016 was the year when the cynical use of ‘us vs them’ narratives of blame, hate and fear took on a global prominence to a level not seen since the 1930s. Too many politicians are answering legitimate economic and security fears with a poisonous and divisive manipulation of identity politics in an attempt to win votes,” said Salil Shetty, Secretary General of Amnesty International.
“Divisive fear-mongering has become a dangerous force in world affairs. Whether it is Trump, Orban, Erdoğan or Duterte, more and more politicians calling themselves anti-establishment are wielding a toxic agenda that hounds, scapegoats and dehumanizes entire groups of people.
“Today’s politics of demonization shamelessly peddles a dangerous idea that some people are less human than others, stripping away the humanity of entire groups of people. This threatens to unleash the darkest aspects of human nature.”
Politics of demonization drives global pushback on human rights
Seismic political shifts in 2016 exposed the potential of hateful rhetoric to unleash the dark side of human nature. The global trend of angrier and more divisive politics was exemplified by Donald Trump’s poisonous campaign rhetoric, but political leaders in various parts of the world also wagered their future power on narratives of fear, blame and division.
This rhetoric is having an increasingly pervasive impact on policy and action. In 2016, governments turned a blind eye to war crimes, pushed through deals that undermine the right to claim asylum, passed laws that violate free expression, incited murder of people simply because they are accused of using drugs, justified torture and mass surveillance, and extended draconian police powers.
Governments also turned on refugees and migrants; often an easy target for scapegoating. Amnesty International’s Annual Report documents how 36 countries violated international law by unlawfully sending refugees back to a country where their rights were at risk.
Most recently, President Trump put his hateful xenophobic pre-election rhetoric into action by signing an executive order in an attempt to prevent refugees from seeking resettlement in the USA; blocking people fleeing conflict and persecution from war-torn countries such as Syria from seeking safe haven in the country.
Meanwhile, Australia purposefully inflicts terrible suffering by trapping refugees on Nauru and Manus Island, the EU made an illegal and reckless deal with Turkey to send refugees back there, even though it is not safe for them, and Mexico and the USA continue to deport people fleeing rampant violence in Central America.
Elsewhere, China, Egypt, Ethiopia, India, Iran, Thailand and Turkey carried out massive crackdowns. While other countries pursued intrusive security measures, such as prolonged emergency powers in France and unprecedented catastrophic surveillance laws in the UK. Another feature of “strongman” politics was a rise in anti-feminist and -LGBTI rhetoric, such as efforts to roll back women’s rights in Poland, which were met with massive protests.
“Instead of fighting for people’s rights, too many leaders have adopted a dehumanizing agenda for political expediency. Many are violating rights of scapegoated groups to score political points, or to distract from their own failures to ensure economic and social rights,” said Salil Shetty.
“In 2016, these most toxic forms of dehumanization became a dominant force in mainstream global politics. The limits of what is acceptable have shifted. Politicians are shamelessly and actively legitimizing all sorts of hateful rhetoric and policies based on people’s identity: misogyny, racism and homophobia.
“The first target has been refugees and, if this continues in 2017, others will be in the cross-hairs. The reverberations will lead to more attacks on the basis of race, gender, nationality and religion. When we cease to see each other as human beings with the same rights, we move closer to the abyss.”
World turns its back on mass atrocities
Amnesty International is warning that 2017 will see ongoing crises exacerbated by a debilitating absence of human rights leadership on a chaotic world stage. The politics of “us vs them” is also taking shape at the international level, replacing multilateralism with a more aggressive, confrontational world order.
“With world leaders lacking political will to put pressure on other states violating human rights, basic principles from accountability for mass atrocities to the right to asylum are at stake,” said Salil Shetty.
“Even states that once claimed to champion rights abroad are now too busy rolling back human rights at home to hold others to account. The more countries backtrack on fundamental human rights commitments, the more we risk a domino effect of leaders emboldened to knock back established human rights protections.”
The world faces a long list of crises with little political will to address them: including Syria, Yemen, Libya, Afghanistan, Central America, Central African Republic, Burundi, Iraq, South Sudan and Sudan. Amnesty International’s Annual Report documented war crimes committed in at least 23 countries in 2016.
Despite these challenges, international indifference to war crimes has become an entrenched normality as the UN Security Council remains paralyzed by rivalries between permanent member states.
“The beginning of 2017 finds many of the world’s most powerful states pursuing narrower national interests at the expense of international cooperation. This risks taking us towards a more chaotic, dangerous world,” said Salil Shetty.
“A new world order where human rights are portrayed as a barrier to national interests makes the ability to tackle mass atrocities dangerously low, leaving the door open to abuses reminiscent of the darkest times of human history.
“The international community has already responded with deafening silence after countless atrocities in 2016: a live stream of horror from Aleppo, thousands of people killed by the police in the Philippines’ ‘war on drugs’, use of chemical weapons and hundreds of villages burned in Darfur. The big question in 2017 will be how far the world lets atrocities go before doing something about them.”
Who is going to stand up for human rights?
Amnesty International is calling on people around the world to resist cynical efforts to roll back long-established human rights in exchange for the distant promise of prosperity and security.
The report warns that global solidarity and public mobilization will be particularly important to defend individuals who stand up to those in power and defend human rights, who are often cast by governments as a threat to economic development, security or other priorities.
Amnesty International’s annual report documents people killed for peacefully standing up for human rights in 22 countries in 2016. They include those targeted for challenging entrenched economic interests, defending minorities and small communities or opposing traditional barriers to women’s and LGBTI rights. The killing of the high-profile Indigenous leader and human rights defender Berta Cáceres in Honduras on 2 March 2016 sent a chilling message to activists but nobody was brought to justice.
“We cannot passively rely on governments to stand up for human rights, we the people have to take action. With politicians increasingly willing to demonize entire groups of people, the need for all of us to stand up for the basic values of human dignity and equality everywhere has seldom been clearer,” said Salil Shetty.
“Every person must ask their government to use whatever power and influence they have to call out human rights abusers. In dark times, individuals have made a difference when they took a stand, be they civil rights activists in the USA, anti-apartheid activists in South Africa, or women’s rights and LGBTI movements around the world. We must all rise to that challenge now.”
Amnesty International has documented grave violations of human rights in 2016 in 159 countries. Examples of the rise and impact of poisonous rhetoric, national crackdowns on activism and freedom of expression highlighted by Amnesty International in its Annual Report include, but are by no means limited, to:
Bangladesh: Instead of providing protection for or investigating the killings of activists, reporters and bloggers, authorities have pursued trials against media and the opposition for, among other things, Facebook posts.
China: Ongoing crackdown against lawyers and activists continued, including incommunicado detention, televised confessions and harassments of family members.
DRC: Pro-democracy activists subjected to arbitrary arrests and, in some cases, prolonged incommunicado detention.
Egypt: Authorities used travel bans, financial restrictions and asset freezes to undermine, smear and silence civil society groups.
Ethiopia: A government increasingly intolerant of dissenting voices used anti-terror laws and a state of emergency to crack down on journalists, human rights defenders, the political opposition and, in particular, protesters who have been met with excessive and lethal force.
France: Heavy-handed security measures under the prolonged state of emergency have included thousands of house searches, as well as travel bans and detentions.
Honduras: Berta Cáceres and seven other human rights activists were killed.
Hungary: Government rhetoric championed a divisive brand of identity politics and a dark vision of “Fortress Europe”, which translated into a policy of systematic crackdown on refugee and migrants rights.
India: Authorities used repressive laws to curb freedom of expression and silence critical voices. Human rights defenders and organizations continued to face harassment and intimidation. Oppressive laws have been used to try to silence student activists, academics, journalists and human rights defenders.
Iran: Heavy suppression of freedom of expression, association, peaceful assembly and religious beliefs. Peaceful critics jailed after grossly unfair trials before Revolutionary Courts, including journalists, lawyers, bloggers, students, women’s rights activists, filmmakers and even musicians.
Myanmar: Tens of thousands of Rohingya people – who remain deprived of a nationality – displaced by “clearance operations” amid reports of unlawful killings, indiscriminate firing on civilians, rape and arbitrary arrests. Meanwhile, state media published opinion articles containing alarmingly dehumanizing language.
Philippines: A wave of extrajudicial executions ensued after President Duterte promised to kill tens of thousands of people suspected of being involved in the drug trade.
Russia: At home the government noose tightened around national NGOs, with increasing propaganda labelling critics as “undesirable” or “foreign agents”, and the first prosecution of NGOs under a “foreign agents” law. Meanwhile, dozens of independent NGOs receiving foreign funding were added to the list of “foreign agents”. Abroad there was a complete disregard for international humanitarian law in Syria.
Saudi Arabia: Critics, human rights defenders and minority rights activists have been detained and jailed on vaguely worded charges such as “insulting the state”. Coalition forces led by Saudi Arabia committed serious violations of international law, including alleged war crimes, in Yemen. Coalition forces bombed schools, hospitals, markets and mosques, killing and injuring thousands of civilians using arms supplied by the US and UK governments, including internationally banned cluster bombs.
South Sudan: Ongoing fighting continued to have devastating humanitarian consequences for civilian populations, with violations and abuses of international human rights and humanitarian law.
Sudan: Evidence pointed strongly to the use of chemical weapons by government forces in Darfur. Elsewhere, suspected opponents and critics of the government subjected to arbitrary arrests and detentions. Excessive use of force by the authorities in dispersing gatherings led to numerous casualties.
Syria: Impunity for war crimes and gross human rights abuses continued, including indiscriminate attacks and direct attacks on civilians and lengthy sieges that trapped civilians. The human rights community has been almost completely crushed, with activists either imprisoned, tortured, disappeared, or forced to flee the country.
Thailand: Emergency powers, defamation and sedition laws used to restrict freedom of expression.
Turkey: Tens of thousands locked up after failed coup, with hundreds of NGOs suspended, a massive media crackdown, and the continuing onslaught in Kurdish areas.
UK: A spike in hate crimes followed the referendum on European Union membership. A new surveillance law granted significantly increased powers to intelligence and other agencies to invade people’s privacy on a massive scale.
USA: An election campaign marked by discriminatory, misogynist and xenophobic rhetoric raised serious concerns about the strength of future US commitments to human rights domestically and globally.
Venezuela: Backlash against outspoken human rights defenders who raised the alarm about the humanitarian crisis caused by the government’s failure to meet the economic and social rights of the population.
For more information or to request an interview please call Amnesty International’s press office in London, UK, on
+44 20 7413 5566 or +44 (0)77 7847 2126
Hope Not Hates‘s report 2017 State of Hate is essential – and disturbing – reading for anyone concerned about the present resurgence of the far-right in Britain and Europe.
The report notes the rise of a new generation of far-right activists as part of the white nationalist “alt-right” scene, especially active on social media.
I am grateful to the Morning Star for drawing my attention to this important report. Today’s M Star paraphrases an opening section of the report thus:
It also said that the flames of fascism had been fanned by international events, including the election of Donald Trump, growing racist parties in western Europe and authoritarian states in central and eastern Europe.
The actual report states:
Now, with the uncertainty of the Brexit negotiations, the fall out from Trump’s presidency, increased influence of far right parties in Western Europe and the authoritarianism seen in parts of Eastern Europe, the problems emanating from Britain’s far right will be more numerous and multifaceted.
Spot the difference.
The Court of Appeal yesterday ruled that a plumber who claims he was sacked following a heart attack, was a ‘worker’ and thus entitled to some work-related rights, according to the decision in Pimlico Plumbers Ltd and another v Smith.
The judgment has important implications for so-called ‘gig economy’ companies that claim their workers undertake services on a self-employed basis and so have no employment rights.
Gary Smith worked for Pimlico Plumbers from 2005 until 2011. The agreement between the company and Mr Smith described him as a “self-employed operative”.
The wording of the contract suggested that he was in business on his own account, providing a service to Pimlico Plumbers.
Smith was required to wear Pimlico’s uniform displaying their logo, use a van leased from Pimlico (with a GPS tracker and the company’s logo), and work a minimum number of weekly hours.
However, he could choose when he worked and which jobs he took, was required to provide his own tools and equipment, and handled his own tax and insurance.
There was no express term in the agreement allowing Mr Smith to send someone else to do the work.
Pimlico Plumbers did not guarantee to provide Mr Smith with a minimum number of hours. Following the termination of this arrangement, Mr Smith brought claims for unfair dismissal and disability discrimination.
The employment tribunal found that he could not claim unfair dismissal because he was not an employee.
However, the tribunal decided that he could claim disability discrimination as a ‘worker.
The Employment Appeal Tribunal (EAT) agreed with the employment tribunal, and the Court of Appeal has now dismissed Pimlico Plumbers’ appeal.
Unlike recent high-profile judgments involving Uber drivers and CitySprint couriers, this ruling is binding on other courts and tribunals.
Pimlico Plumbers boss and prominent Tory donor Charlie Mullins, decorated his fleet of vans with pictures of Margaret Thatcher on the day of her state funeral. He says there is a “good chance” he will take the case to the Supreme Court, but so far he’s lost every round of the legal fight.
The Appeal Court decision is likely to be a key authority in any forthcoming cases on employment status in the gig economy. However, it is important to note that this decision did not find that the plumber was an employee of Pimlico Plumbers.
People categorised as workers have a right to minimum wage and to paid annual leave, along with some other procedural rights, such as a right to be accompanied at any form of disciplinary meeting, but they do not enjoy the full range of protections given to employees and are not subject to the PAYE system applicable to employees.
Frances O’Grady of the TUC said: “This case has exposed once again the growing problem of sham self-employment.
“Unscrupulous bosses falsely claim their workers are self-employed to get out of paying the minimum wage and providing basics like paid holidays and rest breaks.
“But the best form of protection for working people is to join a union in your workplace.”
The GMB is currently supporting a group of Deliveroo food couriers in Brighton currently classed as ‘independent contractors’, who have given two weeks notice of industrial action for better pay and more hours.
The GMB’s Paul Maloney said: “We stand with the riders against Deliveroo, another company trying to duck its obligastions and responsibilities by making its workforce ‘independent contractors’.”
The government has only now, after more than a year’s delay, released a report warning that “unscrupulous” employers were in a position to exploit low-paid and low-skilled workers.
Other gig economy cases
Uber is appealing against the high-profile employment tribunal decision that the drivers who brought the claim are workers rather than self-employed.
A similar finding when the Uber case goes to the EAT would be bad news for the company, as it could lead to it having to radically overhaul its contractual arrangements with its drivers.
In another recent case about employment status in the gig economy, the employment tribunal found that a CitySprint courier is a worker rather than self-employed.
In both cases, the employment tribunals were highly critical of the contracts that the workers were asked to sign.
The employment tribunals saw the contracts as drafted in a deliberately complex manner to mask the true nature of the working arrangements.
There are also a number of other forthcoming legal challenges against courier companies including Hermes, Addison Lee, Excel and eCourier.
- For more details of the GMB’s Brighton Deliveroo campaign, contact Paul Maloney on 07801 343 839 or Michelle Gordon on 07866 369 259
At the bizarre press conference at which a desperate Theresa May demeaned herself in the presence of the creature Trump yesterday, the BBC’s political editor Laura Kuenssberg stuck it to the preening racist man-baby, and also succeeded in making the wretched May look even more embarrassed than she did already.
At a time when the BBC (and especially the craven Radio 4 Today programme) seems to be bending over backwards to appease Trump supporters, Brexiteers and the alt-Right, Ms Kuessberg’s plain speaking deserves out appreciation – especially given the largely unwarranted and sometimes sexist criticism that she’s received in the past from some on the UK left.
Momentum’s Facebook page carries a bizarre video which comes from the TSSA rail union.
It’s about railway privatisation, but instead of talking about private businesses exploiting passengers and workers, it focusses entirely on the French, German and Dutch public railway companies that have bought up parts of the UK system, and basically rests on an implied “foreigners stealing our railways” message. Really dodgy, and particularly unhelpful at this time of Brexit-inspired nationalism and racism.
On the TSSA website the link to the video is accompanied by the following gems from the union’s recently re-elected General Secretary Manuel Cortes:
“This film makes the case that it is high time the UK takes back public control of our rail operating companies back [sic] from Keolis, Arriva and Abeilio [sic] who are just front companies for the French, the German and the Dutch states.
“Brexit has made Taking Back Control of train operating companies a vital economic necessity. Leaving the EU but leaving our rail operating companies in the control of EU countries to continue reaping the profits, would now be preposterous.
“It’s a no-brainer case and we hope this film will be shared widely and be used to hold the Tories to account in England and Wales – and in Scotland too where under SNP nationalist rule ScotRail has been tuned [sic] into a Dutch rail colony – for their unpatriotic and misguided running down of UK rail.”
Yes, we must hold the Tories to account for being unpatriotic!
Brexit is our opportunity to reshape Britain
Trade Unionists Against the EU’s FAWZI IBRAHIM gives his take on what’s up for grabs during the government’s Brexit negotiations
BREXIT has opened up opportunities for workers to shape their future and the future of the UK.
Such opportunities are very rare. They come but once in a lifetime. The last time such an opportunity presented itself was at the end of World War II.
On that occasion, the people created the welfare state, the NHS, social housing and the public ownership of the commanding heights of the economy. This time, let’s aim even higher.
Never before had the British people given such a clear instruction to a government to pursue a specific course of action as they did on June 23 2016.
The government had no choice but to heed this unequivocal instruction to leave the EU, to leave in a clean break and not some half-way house, a fake Brexit in which we remain subservient to the EU’s core institutions including the single market and its equally neoliberal Customs Union.
With “Brexit means Brexit,” Theresa May made it plain that her government will carry out the settled will of the people.
The fact that she was officially on the Remain side during the campaign and had spoken of the threats to the economy of leaving the EU to a Goldman Sachs meeting of investors before the referendum is irrelevant; if anything, it’s a testament to the depth and maturity of British democracy. The 80 per cent vote in favour of triggering Article 50 by the end of March by our parliamentarians who only a few months previously voted Remain by the very same majority is another testament to the strength of our democracy and the power workers can exert. MPs and governments are not elected to fulfil their own desires or satisfy their personal foibles, but to carry out the instructions of the people that elected them.
The referendum vote was also an instruction to the leadership of all trade unions to accept the settled view of workers and move on from the referendum debate. Generally this has been the case as more and more trade unions ditch their attachment to the free movement of labour and embrace Brexit.
Although Labour accepted the decision to leave the EU and whipped its MPs to support invoking Article 50 by the end of March, it nonetheless joined forces with those who are demanding the government state its negotiating priorities. Such a demand is both disingenuous and dangerous. It is disingenuous because its real purpose is to derail our exit. It is dangerous because it weakens the hand of the government as it goes into negotiations with the EU. As any negotiator knows, the one thing you don’t do is give away your priorities and tactics in advance.
Nicola Sturgeon’s attempt to derail Brexit by her contention that “the Scottish people voted for Scotland to remain in the EU” is fatuous. The referendum was for Britain as a whole and not whether any individual nation within it wished to stay or leave the EU. Equally questionable is her contention that by voting for the UK to remain in the EU and having failed to convince the rest of the country to do the same, Scottish people would want to leave the UK and join the EU. If four of five friends on a night out decide to go to a restaurant and a fifth expressed a wish to go clubbing, it does not follow that the person who disagreed would wish to go to a night club had she been on her own, let alone leave her friends and go to the club by herself. So it is with the EU referendum.
If Sturgeon calls a referendum on Scottish independence on the basis of joining the EU, it may very well prove her undoing. By the time the issue arises in two or three years time, countries would be queuing to leave a fractured, crisis-ridden EU rather than new ones eager to join, unless, that is, the Scottish people want Edinburgh to be the Athens of the north in more than one sense.
The Brexit vote was a rejection of neoliberalism as embodied by the single market and its four freedoms of movement.
This is the spirit of 2016, as powerful and all embracing as the spirit of 1945, which if seized could enable us to transform our economy.
Any shilly-shallying, any wavering will leave space for anti-working class organisations to divide and divert. The trade unions are uniquely placed to define this transformation.
With their extensive knowledge and expertise, trade unions should debate and formulate the policies necessary to re-orientate the economy towards a post-capitalist future. It is not a question of changing governments; it is a question of re-building Britain whichever government happens to occupy Downing Street.
Letter in response to the above, sent to the Morning Star on December 29 2016:
On reading Fawzi Ibrahim’s paean to the May/Farage approach to Brexit (M Star December 29) I thought, for a moment, that this paper’s policy of wide-ranging debate had been extended to Daily Mail leader writers.
Here’s what Ibrahim called for:
“A clean break and not some half-way house”: ie leaving the single market, which Unite says would cost tens of thousands of manufacturing jobs.
“Trade unions (must) ditch their attachment to free movement of labour and embrace Brexit”: ie unions must support tighter immigration controls – which, thankfully Unite and other progressive unions are resisting.
And here’s his attack on Corbyn’s Labour Party:
“Labour (was wrong in) demanding the government state its negotiating priorities … because it weakens the hand of the government”: ie full support to Theresa May in refusing parliamentary scrutiny!
But then I realised, this bizarre article couldn’t be written by someone from the Daily Mail, because that paper is realistic enough to understand that Brexit cannot, under any circumstances “re-orientate the economy towards a post capitalist future”! Only a delusional fantasist would expect that.