Taylor’s “feeble” report on gig economy

July 11, 2017 at 2:18 pm (Conseravative Party, Jim D, law, rights, TUC, workers)

Getty Images / Oli Scarff

Former Blair advisor Matthew Taylor’s review of the gig economy has disappointed just about everyone except the Tory government that commissioned it, and the gig economy bosses. Stephen Cavalier, the chief executive of Thompsons Solicitors said the recommendations of the review are “feeble and add another layer of unnecessary complexity”.

The review recommends that gig economy workers should get sick pay and holiday leave, but doesn’t recommend legislation banning zero-hours contracts. The review doesn’t advise workers be guaranteed minimum wage, though companies will be expected to show how workers could realistically earn at least 1.2 times the living wage of £7.50 an hour, for example by modelling the rate at which they must complete tasks to earn such pay.

The idea is that would-be workers can log into a platform and see “real-time earnings potential”. If they can’t reasonably earn a living wage with the work on offer, the report  proposes it should be up to the worker to decide whether they should take up the work or not — but that also means that companies will not be required to pay minimum wage to those who knowingly agree to take on work at less busy times.

Under these proposals, if a worker chooses to “log in” to work at a time when demand is low, they might not earn the minimum wage — although the gig company would have to use its real-time data to warn them in advance.

Taylor’s suggestions include a new category of worker called a “dependent contractor”, sitting between fully employed and self-employed status.

“The creation of a new ‘dependent contractor’ status for gig economy workers would further complicate existing categories of how workers are defined in law,” Cavalier said in response.

TUC general secretary Frances O’Grady said on Twitter that we “don’t need new employment status.” She added: “Unions’ court victories prove many so-called self-employed are workers and should get the [minimum] wage.”

She added: “Platform firms are pleading special status but really the new tech is just hiding old-fashioned casualisation and exploitation.”

Estimates suggest as many as 1.1 million British people work in the so-called gig economy, with a report from MP Frank Field suggesting some delivery drivers are making less than £2.50 a hour. Field has previously accused gig economy companies from “free riding” on the welfare state, while the Bank of England has blamed the gig economy for wage stagnation and the Oxford Internet Institute has called for a fairtrade foundation for international gig workers.

Theresa May, who is launching the review is expected to say changes to gig economy companies will avoid “overbearing regulation”. The Guardian reported May will say: “At its best, a job can be a genuine vocation, providing the means to intellectual and personal fulfilment, as well as economic security”.

Gig economy firms have argued frontline workers — such as drivers and couriers — are self-employed, but last year a tribunal ruled that Uber’s drivers aren’t self-employed and should earn minimum wage.

The weakness of Taylor’s proposals should not come as a surprise. He told a TUC event in London last month that (on the basis of undisclosed evidence) “up to three out of four workers” wanted flexible arrangements and changing that was the “last thing we should do”. He went on to say that the UK’s flexible job market was a something other countries envied.

Permalink 4 Comments

LGBT movement faces big challenges from DUP-Tory alliance, Trump, Brexit

July 6, 2017 at 4:54 pm (campaigning, Europe, homophobia, Human rights, LGBT, posted by JD, Trump, TUC)

By Maria Exall chair of the TUC LGBT committee

AT London Pride this weekend we will see on the streets the diversity of our LGBT+ communities. We will be reminded about the freedom we have.

At the TUC LGBT conference taking place today and tomorrow at Congress House we will be discussing the freedom we have still to achieve, the threats to our equality and the opportunities for us to progress.

On the agenda of the conference are many of the challenges of the year ahead. Up front is the fact that the Conservative government is in power through an alliance with the homophobic DUP.

This is a party that has blocked progressive legislation on same sex marriage using a “petition of concern” when the rest of the UK and Ireland have moved forward.

This is a party is at the forefront of a reactionary fightback against our equality, with bigotry cloaked as the pursuit of religious freedom.

With DUP votes crucial to maintaining this Tory government, it is also worth remembering that the majority of Conservative MPs did not support same-sex marriage in the last Parliament.

We have no guarantee at present that there is a progressive majority in the House of Commons for defending our equality or pursuing future positive change.

More socially liberal Conservatives are conveniently keen to forget the details of their homophobic, biphobic and transphobic recent past and promote the business case for equality — something we as LGBT+ workers know is shallow and ineffective.

This year the TUC has conducted a LGBT+ workers survey which has shown the persistence of homophobia, biphobia and transphobia in the workplace.

Prejudice still massively affects our working lives and our private lives. Shockingly many LGBT+ people of all ages still find it hard to be fully out at work.

The progressive social change of the last few decades has not altered the experience of many LGBT+ people in the workplace, of isolation, of verbal and physical abuse, with consequences for our mental health.

Too often we face a choice between being ourselves and being secure at work. The corporate agenda cannot deliver, whether promoting employer-controlled “employee networks” or working with those campaigning groups that do not challenge the economic status quo.

It is only by building up strong working-class LGBT+ organisations supported by the wider labour movement that we can tackle the persistent homophobia, biphobia and transphobia we see in our workplaces and in society.

The international agenda for LGBT+ rights will also be discussed at the conference. We will consider the volatile and hostile approach to our rights in the US under a Trump administration, and the need to pursue a worldwide approach to LGBT+ equality in all the Commonwealth countries as the 2018 meeting of the Commonwealth heads of state in London approaches.

The results of the Brexit negotiations also threaten our future equality. We know the Tories want Brexit so they can undermine workers rights and cut “red tape” on working conditions.

We have to make sure that the “Great Repeal Bill” does not roll back the laws from Europe on LGBT+ employment rights or equal treatment in access to goods and services. We need to ensure we do not fall behind European legal standards.

We need to maintain close relations with those in the European trade union movement who are fighting the same battles for equality at the workplace and defend freedom of movement for LGBT+ workers in Europe.

Last year the TUC LGBT conference met on the day of the Brexit referendum result. There was fear and concern about the future, and one year on many of us have the same concern.

Since then we have seen a massive increase in hate crime against LGBT+ people but also against immigrants and foreigners, against those with disabilities. An injury to one is an injury to all — we need to fight back for our rights and those of all working people.

As a country we appear to be going backwards towards a politics of hate. Our society is more brutal and more narrow-minded.

Whether it be the rise in hate crime, the regular homophobic, sexist and racist abuse on social media and in public and political life, or the passive acceptance of increasing economic inequality with foodbanks, real wages falling, and public sector pay held back.

We need to stand in solidarity when individuals and groups are scapegoated and oppressed, it is through the practice of this solidarity that we show there is another way we can live together in freedom.

At this year’s conference we will be considering a proposal discussed at the TUC Youth Workers Forum.

The Youth Workers Forum recognised that equality and respect have not been successfully embedded in our society. We support their call to have a movement-wide campaign to defend workplace equality rights and advance the case for equality.

The upsurge in support for the Labour Party at the last election gives us grounds for hope, that as a society that can turn its back on the failed austerity of the last seven years and pursue a new deal for working people, one that has equality centre stage. The future is there for us to claim.

  • This article appeared in the Morning Star as Big Challenges lie ahead for the LGBT movement

Permalink 4 Comments

Corbyn’s weakness on Brexit endangers Labour’s revival

June 30, 2017 at 8:51 am (Europe, Jim D, labour party, reformism, TUC, unions, Unite the union, workers, youth)


Cartoon: The Economist

Corbyn and his team risk jeopardising Labour’s election success because of their backwardness over Europe and de facto commitment to supporting the Tories over Brexit.

It was always a fundamental political weakness waiting to be exposed, although during the general election campaign the Corbyn team skilfully maintained a policy of studied ambiguity.

Corbyn’s capitulation to the Tories over Brexit and the sacking of three front benchers who voted for the amendment to stay in the single market and customs union, is a big mistake, because:

  • It will dismay and disillusion the overwhelmingly pro-EU internationalist and anti-racist youth who rallied to Labour and Corbyn at the election
  • Labour’s mistaken but just about plausible argument that it is bound by the referendum result to support leaving the EU has been stretched to arguing that the referendum also binds it to oppose the single market and customs union
  •  This position has enabled opportunist right wingers like Chuka Umanna and Meg Hillier to take a different stance from Corbyn and thus generate headlines about Labour division just at a time when the Tories are weak
  •  Newly-elected left Labour MPs like Lloyd Russell Moyle and Alex Sobel have been put in a position of going against Corbyn alongside right wingers
  • This risks alienating unions like Unite, which are acutely aware that their members’ jobs in manufacturing will be put at risk outside the single market and customs union: Unite has policy to stay in both, as does Usdaw and the TUC.

Labour MPs, MEPs and peers have launched a group opposing hard Brexit and in favour of staying in the single market and customs union. They’ve signed a statement arguing, amongst other things, that young voters backed the party in the general election because they wanted it to “stop the Tories in their tracks” over Brexit. Some of us here at Shiraz might disagree with some aspects of the statement, but it’s considerably better than Corbyn’s position.

Permalink 9 Comments

Matt Wrack: make the bosses pay for Brexit

September 13, 2016 at 9:42 am (class, Europe, internationalism, left, posted by JD, solidarity, TUC, unions, workers)

FBU leader Matt Wrack marching in Essex against job cuts in 2012

FBU leader Matt Wrack marching against job cuts in 2012 (Pic: Kelvin Williams)

By Matt Wrack, general secretary of the Fire Brigades Union (This article appeared in yesterday’s Morning Star, but in view of comrade Wrack’s description of Brexit as a “victory for populist demagogy, xenophobes and racists” is clearly at variance with that paper’s pro-Brexit ‘line’).


TUC Congress convenes at an absolutely pivotal time for the labour movement and for firefighters — and the motions tabled by the Fire Brigades Union are intended to reflect that.

The new political situation in Britain is defined by the decision to leave the European Union (EU). The FBU advocated a vote to Remain. Although the EU is a neoliberal bosses’ club, some forget the key role of British governments in driving the neoliberal agenda within Europe.

Austerity in Britain is driven from Westminster, not from Brussels. Europe also provides a common terrain for workers’ solidarity and workers’ rights across the continent.

The Brexit vote was a defeat for the working class in Britain as well as internationally. It was a defeat for internationalism and collectivism. Brexit was a victory for populist demagogy, xenophobes and racists. Brexit has already had detrimental economic effects and worse is likely to come.

Brexit has resulted in a more right-wing government. It means an already difficult period ahead will be even harder for the trade union movement and the working-class communities we represent.

The FBU’s motion is clear that the trade union movement should not blame working-class people for the consequences of Brexit.

We don’t blame workers who voted to leave. We don’t blame migrant workers, they deserve solidarity.

We know two-thirds of Labour voters voted to remain. We don’t blame the labour movement or the TUC — we fought a good campaign to remain and we were right to do so.

Jeremy Corbyn was not to blame for Brexit. Corbyn campaigned from day one to remain in the EU. He was right to advocate Remain while articulating criticisms of the EU. He held scores of meetings and events. He was correct to avoid collaboration with David Cameron and the Tories.

Who do we blame? We blame the Tories. They decided on the referendum. They set the question. They set the timing. It was mostly Tory politicians who fought it out in public. It was mostly Tory voters who voted to leave. They created the mess we’re in. We need to pin the blame for the consequences on them. Every job loss, every cut, every dodgy trade deal, every attack — is their fault. Every example of economic and political turmoil needs to be laid at their door.

The TUC and unions are right to say workers should not pay for Brexit (workers have paid for the economic downturn in countless ways since 2008). But that is not enough. The labour movement has to say who will pay for Brexit. The answer is that the bosses will have to pay.

The wealthy, the ruling class — they have to pay. The money is there — in the banks, in property, in the wealth of the ultra rich — the new Duke of Westminster, Mike Ashley and Philip Green. The government should tax them for what is necessary and by whatever means are necessary.

It follows on from who’s to blame and who should pay, that the labour movement cannot support a partnership approach on Brexit.

In my view, it was wrong for former TUC general secretary Brendan Barber to sign a joint letter with Cameron during the referendum campaign.

We are not all in this together. It is not the job of the trade union movement to act as the tail of British business. It is not our job to accept deals that worsen the conditions of our members so that Brexit can be managed.

The labour movement needs to make itself a factor in the Brexit process. We do that by mobilising our members as active forces capable of shaping our own destiny.

We need to strengthen our links with workers across the world, including within the EU. We will stand in solidarity with migrant workers wherever they are. We need to hit the streets and make our voices heard. We need to speak clearly and act in determined defence of working-class interests.

Permalink 2 Comments

TUC’s detailed research proves workers better off In than Out

February 25, 2016 at 8:00 pm (Europe, Human rights, Jim D, truth, TUC, unions, workers)

#EUref: Brexit risks our employment rights

Permalink 9 Comments

Discrimination and Employment Law experts agree: Brexit would be “catastrophic”

January 25, 2016 at 4:39 pm (Anti-Racism, Civil liberties, Europe, Human rights, Jim D, law, rights, TUC, unions, women, workers)

Karon Monaghan

Saturday’s TUC/Equal Opportunities Review Discrimination Law Conference was, as usual, a highly informative event.

The driving force behind this conference (an annual event) is Michael Rubenstein, editor of Equal Opportunities Review and widely regarded as Britain’s leading expert on both equal opportunities law and employment law (he also edits the Industrial Relations Law Reports): unlike a lot of legal people, he makes no secret of his sympathy with the trade union movement.

Amongst the other distinguished speakers was Karon Monagham QC of Matrix Chambers, on ‘Sex and race discrimination: recent developments.’ Anyone whose ever Karon speak will know that she makes no secret of her left wing stance and passionate commitment to anti-racism, equal opportunities and trade union rights – how she ever got to be a QC is a bit of a mystery …

Karon spoke with authority on her subject, concentrating upon:

Karon noted that, “As to recent decisions of the Courts and tribunals, they’re a mixed bag. We have seen some worrying recent case law challenging some of the prevailing orthodoxy around the concepts of equality under the EA 2010 and related matters. We have also seen some progressive case law, in particular in reliance on fundamental rights protected by EU and ECHR law.”

In the course of her presentation, Karon made it clear that the EU Equality Directives, case law from the Court of Justice of the European Union (“CJEU”) and the Charter of Fundamental Rights of the European Union, remain potent and effective tools for all those concerned with defending human rights and trade union rights.

In fact, although it did not appear on the agenda, a recurring theme of the conference was the EU and the possibility of Brexit. In his opening remarks, Michael Rubenstein asked “Do you think Brexit and the Cameron government, together, are going to be good or bad for human rights, equal opportunities and trade union rights?” He added, laughing, “That’s a rhetorical question.”

During the final Q&A session, the panel were asked what they though the impact of a Bexit would be on human rights and employment legislation in the UK: Rubenstein replied with a single word: “catastrophic.”

The idiot-left who seem to think that something progressive can be achieved by getting out of the EU need to take notice of people who know what they’re talking about.

_________________________________________________________________________

Permalink 18 Comments

Sir Paul Kenny’s Brexit idiocy

October 8, 2015 at 5:09 pm (AWL, Europe, labour party, posted by JD, TUC, unions, workers)

GMB general secretary Paul Kenny

By Harry Glass
(This article also appears on the Workers Liberty website and in the AWL’s paper Solidarity)

If the bankruptcy of the trade union bureaucracy were in any further need of demonstration, then the antics of soon-to-depart GMB general secretary Sir Paul Kenny over the European Union (EU) referendum adds a new chapter.

First, Kenny orchestrated a motion to the TUC Congress, which would have pledged the trade union movement to campaign for Brexit if David Cameron extracted some concessions from other European powers on the working time directive, agency workers and other workers’ rights. The key phrase was: “Congress gives notice that it will campaign for a ‘no’ vote in the referendum if these rights and protections are removed.”

After some behind the scenes horse-trading, Kenny withdrew the resolution in favour of TUC general council statement. This softened the stance, warning the prime minister that “you will lose our members’ votes to stay in the EU by worsening workers’ rights”. It added that if British workers’ rights were further undermined, the “pressure to put TUC resources and support in the referendum behind a vote to leave the European Union will intensify dramatically”.

Kenny spoke to the resolution and rhetorically repeated his threat in the Congress debate on Tuesday 15 September. He said: “If Cameron secures the sort of cuts to workers’ rights he is seeking — will you be able to stand up and say to members and beyond that ‘yes — we know your protection under the working time directive and rights to proper earning on holiday pay are going, yes — we know crucial rights for agency workers are going, that health and safety laws designed to protect the work life balance are being denied to you, that free trade agreements threaten your job and your public services. But forget all that — We want you to vote yes to support these attacks.”

Second, Kenny made a similar attempt at Labour Party conference on 28 September. This time the GMB motion was composited, with Kenny moving the resolution so as to add his own caveat. Actually the motion stated: “Conference supports the membership of the EU as a strategic as well as an economic asset to Britain and the Labour Party approve of UK membership of the EU”, adding that “Conference recognises that Europe needs change, but notes that the path to reform is working with our allies across Europe”.

Kenny put his own spin on it, stating that “Free movement of labour has become the right to exploit workers in one member state by employment of people through the now notorious umbrella agencies”. He chastised Labour Party leaders who “by blindly embracing a Europe at any price, merely encourage Cameron and the CBI to push for even more attacks on working people”.

Kenny penned a crass justification of his position, published in the Morning Star on the same day. Kenny criticised Jeremy Corbyn’s pledge to vote to stay in the EU in the referendum and fight for reform. Kenny opined: “This retreat on the European Union is a big mistake. The EU needs reform. All those ideals of a social Europe, of solidarity and raising pay and conditions to a standard, have been lost. The EU has become an exploiters’ charter.” Apparently, because Cameron is going around Europe trying to sell off working people’s rights “Jeremy’s original ‘wait and see’ position was correct. So why give them a blank cheque? That’s bad negotiating tactics.”

Kenny pretends he is conducting negotiations, when in fact he’s not even at the table. It is no blank cheque to commit to staying in the EU and pledge, as Corbyn has, that a future Labour government would overturn any opt-outs that Cameron secures. In fact such a position is more likely to persuade other European leaders not to give ground to Cameron. Even if Cameron were able to extract some concessions, it would take workers in Britain back to the situation in 1993, when the UK belonged to the EU but the Tories opted out of the social chapter. Most unions then were for staying in, for good reason.

Instead of seeking to fight alongside workers across Europe to level up rights and protections, Kenny appears to think that if his poker game fails, somehow leaving the EU will be okay for workers. What Kenny fails to explain is how leaving the EU would strengthen workers’ rights. A Tory-driven “leave” campaign might topple Cameron, but only to replace him with someone more right-wing like Johnson. And a Eurosceptic-led Tory party would immediately slash workers’ rights even further in pursuit of trade deals and concessions with world markets. Kenny’s position is strategically wrong and tactically completely inept.

Kenny then makes a classical sleight of hand, exclaiming “And Labour wants us to fund the In campaign, to stand on platforms next to Tory bastards and then to convince our members to swallow it?” To campaign alongside the Tories, he warns, would be “as bad a mistake as it was in Scotland. Worse.”

This is nonsense. The “quit EU” camp, will be dominated by reactionaries such as Lawson, Farage and quite probably a few current Tory cabinet members. The risk of being pulled behind them is not hypothetical. Already the anti-EU Pledge campaign, driven by right-wing Torie, has roped in the RMT union (briefly) and Labour MPs such as Jon Cruddas, John Cryer, Kelvin Hopkins, and Ronnie Campbell.

The composition of the two camps does not determine the working class policy: socialists and trade unionists must make our independent stand based on the best assessment of working class interests.

Kenny also echoes Tory anti-migrant talk. The EU is simply “transporting people with lower living standards to new places in order to further lower living standards”. He told the Stalino-nationalist Morning Star that “he’s pleased that so far, the social conflict this can cause has not got out of hand. But he’s in no doubt that that’s thanks to unions, not politicians”.

This is a mealy-mouthed way of saying the problem with the EU is too many migrants and that the only way to protect “British” labour is to put up the border controls. Kenny dissolves internationalism with this stance: workers in Europe, migrants or refugees are irrelevant to his main concern: namely, British workers.

Beneath the veneer is a callous narrowness, a shameful chauvinist sectionalism, that can have no place in the labour movement. His anointment by the British ruling class brings his career in the trade union movement to a fitting conclusion. But no workers should follow his abysmal counsel.

Permalink 5 Comments

Support the demo, London, this Saturday!

October 17, 2014 at 1:37 pm (posted by JD, protest, solidarity, TUC, unions, UNISON, Unite the union, workers)

October 18 2014 - March and Rally

Let’s make this the start of a real fightback on pay

Local Government and School workers’ unofficial blog (GMB, Unison, Unite), here

Permalink Leave a Comment

TUC: don’t mention the (Ukranian) war!

September 19, 2014 at 9:10 pm (AWL, fascism, posted by JD, scotland, stalinism, TUC, unions)

By Dale Street (cross-posted from Workers Liberty):

“Don’t mention the war!” — that well-known line from an episode of the 1970s sitcom “Fawlty Towers” — should have been the header for the emergency motion entitled “Situation in Ukraine” passed by last week’s TUC congress. (1)

The motion ignored Russia’s ongoing political and military attack on Ukraine’s right to self-determination. It misrepresented the (real but limited) influence exerted by fascist organisations in Ukraine. And its concluding demands sounded left-wing but were in fact politically incoherent.

The motion noted comments by the NATO General Secretary that its recent summit in Wales had been held “in a dramatically changed security environment”. It further noted that this statement came only a day after a Pentagon announcement that 200 US troops were being sent to Ukraine for “training exercises”.

But there is a deliberate triple omission here. The “dramatically changed security environment” is the fact that for the first time since the Second World War the territory of a European country has been seized by that of a neighbouring big power.

In March Russia annexed Crimea. This was followed by Russia supplying separatist forces in south-east Ukraine with weapons, munitions, “volunteer” fighters, military instructors, and political leadership.

In August, with the separatists staring eventual defeat in the face, Russia launched an invasion of south-east Ukraine. It still has troops there. All of this has been omitted from the motion.

The second omission is that the “training exercises” now underway are indeed “training exercises”, and were planned long before Russia launched its campaign of military aggression against Ukraine.

The final omission is that while the motion condemns the presence of 200 US troops in Ukraine it fails to mention the tens of thousands of troops and hundreds of tanks periodically concentrated by Russia at the border with Ukraine.

After briefly expressing concerns about the human suffering caused by the conflict, the motion expressed further concerns about “attacks on trade unionists and the empowering of fascist groups, including the Odessa Massacre which saw that city’s trade union centre burned to the ground.”

The fact that the Odessa trade union centre was not “burned to the ground” is a side issue. More issue is the misrepresentation. Trade unionists should indeed oppose attacks on trade unionists and the empowering of fascist groups. And there are organised Ukrainian-fascist groups in Ukraine, even if they currently enjoy only very limited support: in last May’s presidential elections their candidates each secured only around 1% of the vote.

But there are also pro-Russian and ethnic-Russian fascist organisations in Ukraine. These organisations figure prominently in the separatist leadership, which includes members of the fascist “think tank” Izborsky Club. Russian and French fascists have also been identified in the ranks of the separatist armed forces. (2)

The motion concluded with three demands.

The General Council should consider how best to support those fighting for trade union rights and against fascism in “the Ukraine”.

But this would mean support for Ukrainian trade unions, whose leaders have repeatedly condemned the separatist movement and Russia’s attacks on their country. In fact, given the role played by fascists amongst the separatists, it amounts to a call for support for the Ukrainian military!

There should be an immediate permanent ceasefire and a peaceful negotiated settlement.

But this would require willingness on both sides. As the TUC adopted this motion separatist leaders declared that they were not bound by the terms of the ceasefire agreed in Minsk (3) and that their goal was to sieze the bulk of Ukrainian territory in order to create “Novorossiya”. (4)

And the use of British forces in the Ukrainian conflict should be opposed.

Given that there are no proposals to use British troops in the “Ukrainian conflict”, the purpose of such a clause is – at first sight — unclear.

In fact, the clause fits into the overall politics of the motion.

A few Dave-Spart left-wing truisms (support for trade unionists, anti-fascism, opposition to NATO) grafted onto a Basil-Fawlty attitude of “don’t mention the war” (no mention of Russian troops, Russian weaponry, Russian fascists, or Russian invasions).

Trade unionists should argue for their unions to adopt policy based on events in the real world: Russia, Hands Off Ukraine!; Ukrainian-Russian workers unity against oligarchs and neo-liberalism in both countries; Against fascism — both Ukrainian and Russian!

1) http://www.tuc.org.uk/congress/congress-2014/emergency-motion-e1-situation-ukraine
2) http://www.workersliberty.org/node/23635
3) http://rusvesna.su/news/1410624783
4) http://rusvesna.su/news/1410602639

NB: Eric Lee adds

Permalink Leave a Comment

TUC report on tribunal fees: What Price Justice?

August 1, 2014 at 8:18 am (Civil liberties, law, posted by JD, publications, reblogged, TUC, workers)

Republished from Thompsons’ Labour & European Law Review:

A new report by the TUC to mark the one year anniversary of the introduction of tribunal fees has found that they have had a devastating impact on access to justice for working people.

Since July 2013, workers who have been sexually harassed, sacked because of their race, or bullied because of a disability have been forced to pay £1,200 for their claim to be heard by an employment tribunal. Those seeking to recover unpaid wages or holiday pay have to pay up to £390.

The report – What Price Justice? – analysed government statistics for January to March 2014, which revealed a 59 per cent fall in claims, compared to the same quarter in 2013. During these three months just 10,967 claims were received by employment tribunals compared to 63,715 for the same quarter in 2013.

The TUC analysis of the statistics found that:

  • Women are among the biggest losers – there has been an 80 per cent fall in the number of women pursuing sex discrimination claims. Just 1,222 women took out claims between January and March 2014, compared to 6,017 over the same period in 2013.
  • The number of women pursuing pregnancy discrimination claims is also down by over a quarter (26 per cent), with just three per cent of women seeking financial compensation after losing their jobs.
  • Race and disability claims have plummeted – during the first three months of 2014 the number of race discrimination and sexual orientation claims both fell by 60 per cent compared to the same period in 2013.
  • Disability claims have experienced a 46 per cent year-on-year reduction.
  • Workers are being cheated out of wages – there has been a 70 per cent drop in workers pursuing claims for non-payment of the national minimum wage.
  • Claims for unpaid wages and holiday pay have fallen overall by 85 per cent. The report says that many people are being put off making a claim, because the cost of going to a tribunal is often more expensive than the sum of their outstanding wages.
  • Low-paid workers are being priced out – only 24 per cent of workers who applied for financial assistance to take claims received any form of fee remittance.
  • Even workers employed on the minimum wage face fees of up to £1,200 if a member of their household has savings of £3,000.

TUC General Secretary Frances O’Grady said: “Employment tribunal fees have been a huge victory for Britain’s worst bosses. By charging up-front fees for harassment and abuse claims the government has made it easier for bad employers to get away with the most appalling behaviour.

“Tribunal fees are part of a wider campaign to get rid of workers’ basic rights. The consequence has been to price low-paid and vulnerable people out of justice.”

Neil Todd at Thompsons Solicitors said: “The statistics set out in the TUC report make it absolutely clear that the introduction of Tribunal fees have deterred workers from seeking legal redress as a result of unlawful conduct in the workplace. The fees are one of a number of attacks on working people which have been introduced by the Coalition Government. This has left workers in the UK more vulnerable than their counterparts across the EU”.

To read the report, go to: http://www.tuc.org.uk/sites/default/files/TUC_Report_At_what_price_justice.pdf

Permalink 2 Comments

Next page »