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Labour Administration in the United Kingdom

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Labour Administration in the United Kingdom Labour administration in the United Kingdom Jason Heyes Leeds University Business School i ii Preface The ILO Department for Government and Labour Law and Administration (GLLAD) has just published a book entitled “The new forms of labour administration: Actors for development”, which examines labour administration in the present context of change and globalization, and describes and analyses 27 cases of innovative practice in this field. To write this book a number of specific studies were carried out during the course of 1999 and 2000, the publication of which may be of use to the constituents of the ILO. These texts describe different systems set up for specific purposes or in response to particular situations, such as the separation of jurisdiction between the federal and provincial Governments of Canada, the importance of assessment in the United Kingdom and Finland’s new public administration. These four texts will be published separately. We wish to extend our sincere thanks to Mr. Jason Heyes, author of the text on the United Kingdom, Mr. Jean Bernier (Quebec), Mr. Nigel Chippindale and Mr. John Dingwall (Ontario), authors of the text on Canada, and Mr. Markku Temmes and Ms. Helinä Melkas (revision), who were responsible for the publication on Finland. All publications were edited by Mr. Normand Lécuyer. Jean Courdouan, Director, Department for Government and Labour Law and Administration. iii iv Contents Page Preface............................................................................................................................................... iii Introduction ....................................................................................................................................... 1 Section 1. Historical context and present situation of the National System of Labour Administration (NSLA)..................................................................................................................... 3 Section 2. Functions, objectives and organization of labour administration..................................... 4 2.1. Responsibilities............................................................................................................. 4 Departmental duties and responsibilities.................................................................................... 4 (i) Department for Education and Employment................................................................... 5 European Union responsibilities................................................................................................. 6 (ii) Department of Trade and Industry (DTI)........................................................................ 6 (iii) Department of Social Security (DSS) ............................................................................. 7 (iv) Department of the Environment, Transport and the Regions (DETR)........................... 7 2.2. Legal framework of activities....................................................................................... 7 2.3. Methods used by the ministries to fulfil their responsibilities and execute their programmes .................................................................................................................. 8 Policy coordination..................................................................................................................... 9 (i) Government regional offices.......................................................................................... 9 (ii) Regional Development Agencies (RDA)....................................................................... 9 Service delivery.......................................................................................................................... 9 (i) Executive Agencies (EA) ............................................................................................... 9 (ii) Non-departmental public bodies .................................................................................... 11 (iii) Quangos ......................................................................................................................... 11 2.4. Responsibilities of the ministries other than those relating to field of activity specified by Convention 150 and Recommendation 158.............................................. 11 2.5. Objectives and Strategies.............................................................................................. 11 (i) Department for Education and Employment and the Employment Service ................... 12 (ii) Department of Trade and Industry.................................................................................. 14 (iii) Department of the Environment, Transport and the Regions ......................................... 14 2.6. Organization and management ..................................................................................... 15 Human resources ........................................................................................................................ 15 Managing the Executive Agencies.................................................................................. 17 Employment in the NSLA............................................................................................... 17 Training........................................................................................................................... 20 Budgetary aspects....................................................................................................................... 21 (i) Department for Education and Employment ................................................................... 21 (ii) Department of Trade and Industry .................................................................................. 22 2.7. Internal coordination..................................................................................................... 23 v Section 3. Service provision and legislation...................................................................................... 24 3.1. Employment services.................................................................................................... 24 The New Deal............................................................................................................................. 25 3.1.1. Other employment services............................................................................................. 27 Services provided by Ministries...................................................................................... 27 Key non-departmental bodies providing employment services....................................... 28 3.2. Vocational Education and Training (VET) Services ................................................... 29 3.2.1. Institutions....................................................................................................................... 29 3.2.2. Qualifications .................................................................................................................. 30 3.2.3. VET Information............................................................................................................. 32 3.3. Industrial relations services .......................................................................................... 32 (i) Employment Tribunals (ETs).......................................................................................... 32 (ii) Advisory, Conciliation and Arbitration Service (ACAS)................................................ 33 Recent changes in the role of ACAS .......................................................................................... 34 (iii) The Central Arbitration Committee (CAC) .................................................................... 34 (iv) The Certification Officer (CO)........................................................................................ 35 3.4. Legislation .................................................................................................................... 36 Fair treatment at work ................................................................................................................ 36 Wages and other terms and conditions of employment.............................................................. 37 Category-related protection (women, young people, the disabled) ............................................ 39 Working conditions (health and safety and working time)......................................................... 40 Labour relations and collective representation ........................................................................... 41 3.4.1. Workers not covered by labour legislation...................................................................... 43 Section 4. Relations with Other Actors in the Labour Administration System, with Independent and Supervised Organizations and with Social Partners ................................................................... 45 4.1. User representation – participation by the Social Partners .......................................... 45 4.2. Formal participation...................................................................................................... 46 Vocational Education and Training (VET)................................................................................. 46 Industrial relations...................................................................................................................... 47 4.3. Informal participation ..................................................................................................
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