September 2021 Vol 110 No 9 Price £5.40 ReResearchLaboursearch UK workers need legal right to ‘switch off’

‘Fairness not favours’? Union reform 21 years on

New state aid regime after Brexit

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September 2021 Volume 110 Number 9 Price £5.40

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Contributors Sally Buffard Lewis Emery Lionel Fulton THIS MONTH Meesha Nehru Andrea Oates Clare Ruhemann FEATURES NEWS Nathalie Towner 9 Should we have a legal 4 News Cover photo Unions have voiced right to ‘disconnect’? Furlough must be replaced concern over the UK’s The increasing blurring of Scottish rail service ‘always on’ culture boundaries between work for homeworkers and home life for remote 7 Union news and are calling for legislation to counter workers is leading to calls the problem, page 9, for legislation to counter this 8 European news Shutterstock

Photo this page 13 Statutory union BACK-UP The pharmacists’ recognition procedure PDA Union says the Unions continue to have 19 Law statutory recognition serious reservations about procedure has been of help to them, page 13, the statutory recognition 22 Health and safety Shutterstock procedure — though some say it is not without merit 24 Equality Advertising, subscriptions and circulation 16 UK’s post-Brexit 25 Workplace Shenaz Navaz state aid regime tel: 020 7902 9803 A new Bill sets out the [email protected] REGULARS government’s proposals for For details of discount state subsidies post-Brexit. 26 Index • LRD news rates for multiple However, unions are not subscriptions 27 Eviews tel: 020 7928 3649 impressed

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SEPTEMBER 2021 LABOUR RESEARCH 3

56438_LRDSeptemberMagInner_MH.indd 3 25/08/2021 15:53 NEWS Investment UK must have permanent needed in short-time working scheme

prisons The TUC is pressing for the In a new report, Beyond and firms through future furlough scheme to be furlough: why the UK needs a industrial change would be a Urgent investment in the replaced with a permanent permanent short-time work fitting pandemic legacy. prison service is needed to short-time work scheme as scheme, the TUC says the “Too often in the past, overcome rising suicide unions representing the case for such a scheme is periods of economic and rates the POA prison airline industry warn of clear as it would reduce the industrial change have been officers’ union has warned. catastrophic consequences if risk of workers losing their badly mismanaged — The union issued a action is not taken. jobs in times of crisis. increasing inequalities and statement in response to a The TUC says the And it would protect leaving working people and recent BBC Newsnight government must build on the workers’ incomes while the whole communities investigation on the success of the furlough government would protect abandoned,” she said. dramatic increase in prison scheme, due to close at the against long-term Unions representing airline suicide rates — in the last 10 end of this month, and unemployment, the workers urged the government years the rate has gone up introduce a permanent subsequent devastating to do what is necessary to by 220%. replacement to deal with big impacts on communities and save the industry, with Office The POA highlighted the disruptions to jobs in the help stabilise the economy. for National Statistics figures struggle of prison officers future, such as the transition It would also save money, showing that 57% of after huge cuts to the to net zero, future pandemics as the cost of furlough remaining employees in air Ministry of Justice budget and technological change. schemes is often below the transport companies remain left them with no time to It points out that the UK is cost of unemployment on furlough. build relationships with an anomaly among developed benefits, particularly where Martin Chalk, acting prisoners. nations in having no costs are shared with general secretary of the Instead, the union said, permanent short-time employers. BALPA pilots’ union pointed prison officers spend their working scheme to deal with For employers, the union out that “one in four shifts simply trying to periods of industrial body says, such a scheme constituencies has over 1,000 deliver a regime set against disruption and weak demand. would produce significant people employed directly by unrealistic and undeliverable In the 38-member country savings on redundancy, aviation companies”. performance targets, with OECD intergovernmental training and hiring costs, as Diana Holland, Unite draconian cuts resulting in economic organisation, 23 they enable firms to keep assistant general secretary, the loss of 86,000 years of countries had short-time skilled workers on their books. said: “Aviation is crucial to prison officer experience. working schemes in place TUC general secretary the UK’s economic recovery. “Many of our local before the coronavirus Frances O’Grady said setting It needs furlough support to prisons and training prisons pandemic, including Germany, up a “daughter of furlough” to continue while Covid suffered staffing cuts that Japan and many US states. provide certainty to workers restrictions apply.” were simply not safe for staff, and not safe for prisoners,” the statement continued. Newsnight described a world where mental health Civil service union warns over problems are treated too often with custodial sentences and where officers are never given training. wages cuts for homeworkers POA national chair Mark Fairhurst said: “Prison The PCS civil service union they refuse to return to the for not returning to the populations have grown has warned of possible office after working from office. massively, the number of action if ministers try to cut home for so long during the “PCS is engaged in people taking their lives the pay of civil servants pandemic. However, this serious discussions with increased, yet the number of over office openings. was subsequently rejected the Cabinet Office about front-line prison officers has Last month, anonymous by business secretary how we can embrace the fallen.” government briefings to the Kwasi Kwarteng. post pandemic world with He added: “ ... we have media suggested civil Responding to the hybrid working and keeping campaigned tirelessly to servants’ pay could be reports, a PCS staff safe. Any attempt to remove razor blades from docked if staff refuse to spokesperson said: “It is the dock pay for civil servants our prisons ... yet our return to the office. height of cowardice for for any reason would be met employer has struggled to One Cabinet minister ministers to anonymously with a swift industrial act with any sense of said civil servants should brief the media about response, potentially urgency.” have their pay docked if docking civil servants’ pay including strike action.”

4 LABOUR RESEARCH SEPTEMBER 2021

56438_LRDSeptemberMagInner_MH.indd 4 25/08/2021 15:53 NEWS

Unions demand first minister IN BRIEF State acquires gives commitment to rail Forgemasters The nationalisation of defence Transport unions in manufacturer Sheffield Scotland are calling on first Forgemasters has been minister Nicola Sturgeon to welcomed in steel commit to rail after communities. revelations that an internal Unite assistant general report by the ScotRail secretary for manufacturing, Scottish rail service has Steve Turner said that “this is put into question the future the news we’ve waited two of ticket offices. years to hear”. The report also suggests He said the announcement a 10% cut to services which that it is going into public unions say would lead to ownership brings to an end more than 1,000 job losses. years of instability for the Unions called for the 215-year-old company, but is SHUTTERSTOCK recommendations in the also a sign that government Rail unions say they won’t accept attacks on jobs and services report by Iain Docherty, may finally be waking up to a former non-executive Unite unions said: “We need committed to working with crisis of its own making. director of ScotRail and of cast iron commitments the Scottish government to He added: “Critical the Transport Scotland from Nicola Sturgeon. provide this, “but we will infrastructure industries like national transport agency, “Scotland needs not accept attacks on our steel function better in public to be rejected. investment in a safe, members’ jobs and the rail hands and advanced They argue that the secure, reliable and services”. economies like our own need recommendations seek to accessible public rail ScotRail is to come back to have stable, secure exploit the Covid pandemic system that meets the into public ownership in domestic steel production and its fallout to cut jobs needs of the travelling March 2022 and, as Labour capabilities to protect our and services. public and reduces Research went to press, national security interests as In a joint statement, the greenhouse gas emissions.” Sturgeon was meeting with well as to compete in global ASLEF, RMT, TSSA and The unions said they are the Scottish TUC. markets.”

NHS job protection agreement The UNISON health union has secured a job protection TUC presses for an end to agreement for over 10,000 NHS staff after its campaign received the backing of the reign of umbrella companies new University Hospitals of Northamptonshire NHS Group. The TUC is calling for a ban the agency workers they find said: “Everyone deserves The signed agreement, on umbrella companies on the work for. In many cases, the decent work. But too many which lasts until the end of grounds that they are used to umbrella company will also low-paid workers are denied 2024, recognises the exploit workers. employ the agency worker, the wages they were contribution made by NHS Research by the union with the agency workers promised and basic legal workers during the pandemic body estimates half of agency becoming “employees” of the rights like holiday pay and aims to ensure job workers already work for umbrella company. because they work for security under the merger of umbrella companies. The TUC says this creates umbrella companies. Northampton General This could spiral further a fragmented employment “Lots of them are the key Hospital and Kettering post-pandemic because of a relationship and makes it workers we all applauded — General Hospital trusts. combination of changes to tax difficult for workers to like social care workers, UNISON is urging other rules, which have come in this exercise their basic rights. teachers and coronavirus health employers across the financial year, and the And it says workers face testing staff.” region to follow suit. increase in agency work. misleading and unfair She said employers UNISON East Midlands An umbrella company is deductions from pay, while shouldn’t be able to wash regional organiser Gareth essentially a payroll breaches of holiday leave and their hands of any Eales described the company, used by pay entitlement are responsibility “by farming out agreement as “significant recruitment agencies to widespread. TUC general their duties to a long line of locally”, given the merger of operate a PAYE system for secretary Frances O’Grady intermediaries”. the two trusts.

SEPTEMBER 2021 LABOUR RESEARCH 5

56438_LRDSeptemberMagInner_MH.indd 5 25/08/2021 15:53 NEWS Inflation Outlook remains uncertain gap widens Falling inflation and a rising hours worked were also up 10% in the private sector in Pay bargaining may be number of employees on the but remained below May and June, compared affected by a widening gap payroll do not necessarily pre-pandemic levels. with their Covid and between the union-preferred add up to a certain economic Improvements between furlough-affected levels of a RPI measure of inflation and recovery. April and June included a year earlier. the CPI measure including a The international outlook quarterly rise in the But people in low-paid housing element. remains uncertain, and the employment rate of 0.3 occupations (the young, In July the difference grew planned end of the furlough percentage points, to 75.1%, those on fixed-term to a full 1.7 percentage points, scheme this month could and a decrease in the contracts or with low levels with RPI at 3.8% and CPIH at tip things into reverse here unemployment rate of 0.2 of education) have been 2.1%. CPI inflation was 2.0%, in the UK. percentage points, to 4.7%. particularly affected, the matching the target set for Statistics for July show Job vacancies reached a OECD intergovernmental the Bank of England. that the number of payroll record high of 953,000 and economic organisation Clothing and footwear employees increased by average weekly earnings warns. And there is a prices and recreational goods 182,000 to 28.9 million, but continued to bounce back: “once-in-a-lifetime and services contributed most that was still 201,000 below “total pay” including opportunity” to build a more to the fall. pre-pandemic levels. Total bonuses were up by over inclusive labour market. KEY INDICATORS INFLATION +3.8% AVERAGE EARNINGS +8.7% EARNINGS AND PAY INFLATION Whole Manu Services Private Public LRD pay Retail % annual % annual 1 2 3 % increase economy facturing sector sector deals Prices increase increase in April -1.2 -3.8 -0.1 -2.1 3.1 2.6 Index1 in RPI CPIH 2 (RPI) May -1.4 -2.9 -0.5 -2.7 4.8 2.6 January 2020 290.6 2.7 1.8 June -1.5 -3.6 -0.7 -3.0 4.9` 2.5 February 292.0 2.5 1.7 July -0.2 -1.4 0.3 -0.9 3.0 2.3 March 292.6 2.6 1.5 August 2.0 -0.2 3.0 1.9 3.7 1.5 April 292.6 1.5 0.9 September 2.7 0.4 3.3 2.1 4.4 1.5 May 292.2 1.0 0.7 October 3.8 0.6 4.4 3.6 4.0 1.3 June 292.7 1.1 0.8 November 4.7 2.5 5.3 4.7 4.6 2.0 July 294.2 1.6 1.1 December 5.3 1.8 5.8 5.6 4.5 2.0 August 293.3 0.5 0.5 January 2021 4.2 1.8 4.8 3.9 5.4 2.0 September 294.3 1.1 0.7 October 294.3 1.3 0.9 February 3.9 1.9 4.5 3.5 6.0 1.7 November 293.5 0.9 0.6 March 4.8 2.3 5.2 4.6 5.6 1.8 December 295.4 1.2 0.8 April 8.7 6.9 8.6 9.8 3.8 2.0 January 294.6 1.4 0.9 May 8.9 6.6 9.0 10.4 2.7 2.0 February 296.0 1.4 0.7 June 8.7 7.7 8.7 10.3 2.5 2.1 March 296.9 1.5 1.0 4 Headline rate April 301.1 2.9 1.6 for June 8.8 7.1 8.8 10.1 3 .0 May 301.9 3.3 2.1 1 Increases in average weekly earnings (total pay) in Great Britain, seasonally adjusted, as monitored by National Statistics. 2 Excludes financial services. 3 June 304.0 3.9 2.4 Midpoint pay increase among settlements reached in the previous three months, as July 305.5 3.8 2.1 recorded on the Labour Research Department’s Payline database. 4 Average of the earnings increase figures for the latest three months compared with a year earlier. 1 January 1987=100 2 Consumer Prices Index Figures may be revised from month to month. Housing, Source: National Statistics FULL-TIME AVERAGE WEEKLY EARNINGS BY OCCUPATION

All employees £639.90 Administrative and secretarial £505.60 1 Includes technicians, police, firefighters, All male £676.60 Skilled/craft £554.10 IT technicians, youth workers, legal and finance workers and housing officers. 2 All female £593.50 Services £439.30 2 Personal service occupations such as Managers £932.20 Sales £431.70 care workers, travel assistants, Professionals £849.10 Operatives £521.20 hairdressers and caretakers. 3 “Elementary” occupations including farm Associate professionals1 £666.20 Other manual jobs3 £433.90 \\ workers, labourers, dockers, postal Based on: Annual Survey of Hours and Earnings 2020 full-time median gross weekly earnings uprated by workers, porters, waiters and cleaners. the increase in Average Weekly Earnings (total pay)

6 LABOUR RESEARCH SEPTEMBER 2021

56438_LRDSeptemberMagInner_MH.indd 6 25/08/2021 15:53 UNION NEWS

Women now run two largest IN BRIEF The Professional Footballers trade unions in the country Association (PFA), a TUC affiliate union, has its first new leader in 40 years, as Women now run both of the Maheta Molango replaces largest two trade unions in long-term chief executive the country, following the Gordon Taylor. stunning victory by Sharon Molango, a former player, Graham in the election to football club CEO and labour lead general union Unite. lawyer, says he will take a As Labour Research went “player-centric” approach to to press, Unite announced his role. that Graham, the union’s “One principle will guide executive officer for my leadership of our union, organising and leverage, had and it is this: the PFA won the three-cornered race, belongs to the players. It becoming the first female should always be run on SHARON GRAHAM CAMPAIGN GRAHAM SHARON general secretary of the 1.2 Sharon Graham is the new leader of the Unite union behalf of its members, for million-member union. its members,” he said. She took 37.7% of the than a year after Christina potential members rather Meanwhile, trade union vote, beating Unite assistant McAnea became general than on influencing the stalwart and anti-racism general secretary Steve secretary of the UNISON Labour Party. campaigner Roger McKenzie Turner, who had been closest public services union. The She said her priorities has stepped down from his to a “continuity candidate”, two unions between them were to stop any planned role as assistant general as well as the man viewed by account for over four in 10 union subscription increases, secretary of the UNISON many as the “right-wing” trade union members. freeze them for 12 months public services union. option, former regional Graham had styled herself and limit any increases to He has been appointed secretary Gerard Coyne. as the “workplace once every two years. general secretary of the Graham takes her place in candidate”, concentrating her She succeeds retiring Len anti-imperialist human the upper echelons of the UK efforts on the immediate McCluskey and takes up the rights campaign trade union movement less needs of members and post with immediate effect. organisation, Liberation.

SEPTEMBER 2021 LABOUR RESEARCH 7

56438_LRDSeptemberMagInner_MH.indd 7 25/08/2021 15:53 EUROPEAN NEWS

IN BRIEF Irish government issues new Increases for leaders Poland’s three main union code on employment status confederations, — NSZZ Solidarnosc, OPZZ and FZZ — have criticised a decision The Irish government has The new Code of Practice where the work should be by the country’s parliament published a new code on on Determining Employment done. to award large increases, of employment status — and Status sets out the five The courts already around 60% in some cases, plans to give it statutory factors that should be consider these factors, but to the prime minister, backing, with legislation considered in determining the code contains specific government members and introduced later this year. whether an individual is an examples of how the factors parliamentarians while Like many other countries, employee or self-employed: should be assessed. continuing with a plan to Ireland has seen a growth in n mutuality of obligation — Minister for social freeze public sector pay. new forms of work, such as whether one party must protection Heather In a joint statement they platform work and the gig undertake work and the other Humphreys hopes this will say: “... we do not economy, in which self- must pay for it; “ensure that workers’ rights understand why, at the employment is common. n substitution — whether the and entitlements are same time the pay of more Around 10% of workers in worker can use someone else protected”. than half-a-million public Ireland are currently self- to do the work; However, for the ICTU Irish sector workers … without employed. n the enterprise test — union confederation, the whom the Polish state would The code aims to make whether the worker can profit government’s plans do not go not be able to function, is clear the criteria that if the work is done well or far enough. General secretary being frozen.” classifies someone as an risks a loss if things go wrong; Patricia King has called for employee or as being n integration — the extent to binding legislation which Covid passes self-employed. which the worker has become would include a definition of Several French union Employment status — part of the business she or he self-employment. confederations, including the whether workers are works for; and The ICTU wants the CGT, FO and CFE-CGC, have employees or self-employed n control — the degree to government to “classify all expressed their concern at — has a major impact on which the person paying for workers as direct employees, new rules which extend the employment rights as well as the work has control over the in the first instance, until requirement to have a on tax and social insurance worker, including the power proven otherwise by applicant Covid-19 health pass to large contributions. to decide when, how and employers”. areas of French life, including bars and restaurants, larger shops, public transport and hospitals. The health pass is proof an individual has been Women’s progress threatened vaccinated, has a negative Covid test or has recovered The pandemic threatens to EU as a whole (27 member driven by an increase in the from Covid. Workers who fail reverse recent progress on states) scores 67.4. number of women on to provide a health pass can gender equality, with women The report looks at the company boards. be suspended. The unions “disproportionately exposed progress that has been made But the report also argue that the law is to the economic turmoil since the index was first points to the threat to discriminatory and an attack created by Covid-19”, says a introduced in 2010 and finds gender equality progress on key constitutional rights. new European report. that the EU has moved posed by the pandemic. A Upward convergence in ahead by 4.3 points, with big higher proportion of women Delivery workers gender equality: how close is increases in some previously lost their jobs as Covid-19 Spanish legislation giving the union of equality?, poorly performing states like hit sectors with high levels employee status to delivery produced jointly by the Italy, Malta, Portugal, Latvia, of female employment, workers, working through Eurofound EU research Estonia, Croatia and Cyprus. while the amount of time platforms such as Uber Eats agency and the European However, other states, women were required to (see Labour Research, April Institute for Gender Equality, largely in central and eastern spend on caring 2021, page 8) finally came examines progress in six key Europe, which also had responsibilities increased. into force on 12 August, areas: work, money, below-average scores in The study argues that several months later than knowledge, time, power and 2010, have made much less this makes gender sensitive originally expected. health. It then uses the progress. Bulgaria, Lithuania, recovery measures and a A crucial element of the results to produce an index the Czech Republic, Poland, higher participation by men law is that employee measuring gender equality. Slovakia, Romania, Hungary in unpaid care work representatives must be Sweden comes out on and Greece all fall into this essential. If not, the given details of the top, with a score of 83.8 category. existing slow progress to algorithms which decide how (out of 100), while Greece is Progress has been most gender equality will be work is allocated. lowest ranked on 52.2. The rapid in relation to “power”, halted or reversed.

8 LABOUR RESEARCH SEPTEMBER 2021

56438_LRDSeptemberMagInner_MH.indd 8 25/08/2021 15:53 RIGHT TO DISCONNECT Homeworkers need the ‘right to disconnect’

The benefits of working from home need to be weighed against pressures on employees to be ‘always available’ — leading to demands for homeworkers to have a legal ‘right to disconnect’.

hile the official government “work from home if you can” advice at the height of Wthe pandemic was lifted on 21 June, all the signs are that home- working or, at least, “hybrid” working, is here to stay. According to recent data from the Office for National Statistics (ONS), 24% of businesses intend to use increased homeworking as a permanent business model while a further 28% are still deciding what their policies will be. Surveys show that for some, home- working has led to an improvement in their work-life balance. But for others,

the increased reliance on digital devices SHUTTERSTOCK has led to a blurring of boundaries Unions are increasingly voicing concerns about the ‘always on’ culture faced by some between work and home life and a pres- facing this pressure to be even higher. nology meaning it is harder to fully switch sure to be available to handle work issues One, by workspace provider, Office off, contributing to poor mental health.” even outside of defined office hours. Group, from October 2020, found half A poll commissioned by the union (51%) of the 2,000 UK workers surveyed confirmed that the combination of long ‘Always on’ culture saying they had been working outside of working hours and higher demands For this reason, unions are increasingly their typical hours since lockdown. during the pandemic has led to more voicing concern about the “always on” The average worker put in an extra cases of anxiety, depression, burnout and culture that some are facing and are 59 hours of work at home — the equiv- other mental and physical health issues. ramping up the campaign for govern- alent of seven working days over just Its research found that 35% of remote ment measures to address the additional five months. workers say their work-related mental pressure this can put on employees’ The Prospect union for specialists has health has got worse during the pandemic mental health, wellbeing and working life. carried out its own study into the impact with 42% saying this is at least partly a Even before the pandemic, a 2017 this situation is having on workers. result of inability to switch off from work. study by the CIPD body for HR profes- Andrew Pakes, director of research says: Angus Wheeler-Rowe, a worker from sionals found that almost a third (32%) “People’s experience of working from the telecoms industry, was quoted in the of UK workers felt having remote access home during the pandemic has varied The Guardian saying that working from to the workplace meant they couldn’t wildly depending on their jobs, their home had “helped to keep people safe”, “switch off” in their personal time. home circumstances, and crucially the but had also “made it harder to separate And 40% said they actively checked behaviour of their employers. work, home and family commitments. their work mobile or emails at least five “It is clear that for millions of us, “When your personal space becomes times a day outside of working hours. working from home has felt more like your office, and with no commute to Other polls have since found the numbers sleeping in the office, with remote tech- bookend the day, pressure grows for

SEPTEMBER 2021 LABOUR RESEARCH 9

56438_LRDSeptemberMagInner_MH.indd 9 25/08/2021 15:53 RIGHT TO DISCONNECT

longer days and response to requests at the AI revolution manifesto. Among the key elements of the policy: unreasonable hours,”. many other demands around new tech- n the right of an employee not to It is a call they have led on since 2016 nology and transparency, worker voice, routinely perform work outside normal and which has now been strengthened equality, data awareness and human working hours; by the addition of other union voices and connection, it calls for “a statutory right n the right not to be penalised for the introduction of similar laws else- for employees and workers to disconnect refusing to attend to work matters where in the world. from work, to create ‘communica- outside of normal working hours; and “Setting rules about the boundaries tion-free’ time in their lives”. n a duty to respect another person’s for remote or hybrid working would Pakes says that including a right to right to disconnect make a big difference in helping people disconnect in the Employment Bill “would switch off and recharge, especially if we be a big step in redrawing the blurred France are going to be spending much more boundary between home and work and A new legal right was pioneered in 2017 time working from home in the future,” would show that the government is in France, where leisure-time is fiercely says Pakes. serious about tackling the dark side of guarded and there is a shorter working “Reinforcing the distinction between remote working”. week. There, employers with more than work and home will increase motivation The union’s research says 66% of 50 workers have been obliged to draw and at-work productivity, which has to those working remotely currently up a charter of good conduct, negotiated be better for bosses and workers.” support such legislation. with union representatives, setting out The right to disconnect refers to a However, there is little sign yet of any the hours when staff are not supposed worker’s right to be able to disengage government action on the issue, as a to send or answer emails. from work and refrain from engaging in promised Bill on workers’ rights has been However, as the law doesn’t specify work-related electronic communications, repeatedly delayed. what procedures employers must put in such as emails or other messages, during A spokesperson for the BEIS business place to ensure a workers’ right to discon- non-work hours. department made only a vague commit- nect, the level of protection is likely to ment that, when introduced, the Bill “will differ widely from employer to employer. Constantly accessible deliver the largest upgrade to workers’ Additionally, employees at organisations The concept was first developed after the rights in a generation, including meas- with fewer than 50 employees cannot widespread use of smartphones and other ures that will help people to balance work enforce their right to disconnect. digital devices led to employers pres- with their personal lives”. France may well soon be joined by the suring staff to be constantly accessible Other governments have been faster rest of the EU. In January 2021, the when working remotely. Prospect first to recognise that the expectation that European Parliament recommended to called for this right as part of the union’s workers should be always available for the European Commission that the right view that the increasing use of technology online or mobile communication is poten- to disconnect should be an EU-wide and data analytics is changing the rela- tially hazardous to workers’ health. fundamental right. tionship between workers and employers. In April 2021, the Republic of Ireland Currently, the Working Time Directive Other closely related digital tech- amended their official code of practice refers to a number of rights related to nology issues requiring protection for to give employees the right to “discon- similar issues: in particular, the minimum workers include the use by management nect from work”. daily and weekly rest periods required to of data generated by workers and of The code is designed to complement safeguard workers’ health and safety. monitoring and surveillance software. and support the rights and obligations of The EU has also recently been In March 2021, the TUC got behind both employers and employees under concerned more generally with the campaign with its Dignity at work and Irish employment legislation and sets out promoting a better work–life balance. This can be seen in Principles 9 (work– life balance) and 10 (healthy, safe and Table: Who works from home? well-adapted work environment and data Mainly Work from Have Ever Worked protection) of the European Pillar of Industry Home from Home Social Rights — which commits to common Information and communication 14.8% 53.1% minimum standards across the EU — as Professinal, scientific, technical activities. 12.8% 46.3% well as the directive on work–life balance Real estate activities 12.3% 40.3% for parents and carers. Agriculture, forestry and fishing 8.6% 39.0% Financial and insurance activities 5.2% 38.9% However, the UK government is no Education 2.7% 38.3% longer obliged to match these provisions. Arts, entertainment and recreation 9.9% 33.3% Other service activities 7.8% 30.3% Canada Electricity, gas, air cond supply 4.9% 29.6% In Canada, the federal government is also Public admin and defence 2.6% 29.4% investigating a similar policy. Extraterritorial organisations 4.6% 27.8% Construction 3.8% 25.9% It has established a Right to Discon- Mining and quarrying 5.7% 24.8% nect Advisory Committee, consulting Admin and support services 5.6% 23.2% with unions and business leaders to Manufacturing 3.9% 21.1% develop rules that would enable Water supply, sewerage, waste 1.9% 20.4% employees to disengage after regular Health and social work 3.9% 20.3% working hours. Households as employers 10.8% 19.5% Some legislation on the right to Wholesale, retail, repair of vehicles 3.2% 13.4% Transport and storage 1.8% 11.0% disconnect has also been implemented Accommodation and food services 2.1% 10.0% in recent years in Italy, Spain, Slovakia Source: Office for National Statistics and the Philippines.

10 LABOUR RESEARCH SEPTEMBER 2021

56438_LRDSeptemberMagInner_MH.indd 10 25/08/2021 15:53 RIGHT TO DISCONNECT

WE OPPOSE THE GOVERNMENT ATTACKS ON FIREFIGHTERS WE MUST UNITE TO PROTECT OUR RIGHTS, PAY AND CONDITIONS

MATT WRACK IAN MURRAY General Secretary President

www.fbu.org.uk @fbunational Fire Brigades Union

InLRD the TUC absence 174x136mm.indd of legislation 1 on the The agreement includes basic princi- ances; culture of work; 19/08/2021and complaint 12:05 issue, unions can bargain and have been ples that remote working arrangements procedure. bargaining for similar protections. should be voluntary and reversible and General union Unite also has a template An early example comes from 2016 in subject to key provisions relating to homeworking agreement which includes Germany where transport union EVG health and safety, equality, transparency a clause on the right to disconnect. signed an agreement, “Work 4.0”, with and objectivity. It also guarantees a right It commits employers and workers to the state-owned railway Deutsche-Bahn. to disconnect, data protection and the the provision of “compliance records This puts the “promotion of worker right to privacy. regarding employee working hours health” with the use of new technologies In the UK, several unions have including starting and finishing times, rest at its heart. produced model agreements and guid- breaks, daily breaks and weekly breaks It has a section on “stress, dissocia- ance for unions looking to negotiate on and to ensure compliance with working tion and health protection”. It acknowl- the issue. Prospect is promoting a time legislation” so employees do not feel edges that the use of mobile technology, template drafted by the Irish Financial obliged to be constantly connected. for example smartphones and tablets, Services Union. Its preamble reads: The UNISON public services union also requires a multitasking ability that can “…. we support our staff’s right to provides guidance on the issue. potentially cause psychological stress disconnect. As an employer, we do not to workers. expect staff, normally, to work more than Official data their contractual working hours. ONS data published in April 2021, shows Regulated “If you find you are, you should talk that 35.9% — or 8.4 million people — were It also specifies that the constant “avail- to your line manager or your union completing duties from their place of ability” that mobile technology enables representative.” residence at some point at the height of should be regulated — that workers be It continues: “If you do receive a work the pandemic. given the right to disconnect and that full email, or any other form of communica- The figure compares with 12.4% in “psychological” risk assessments be tion outside of working hours, there is 2019. The groups with the highest rates undertaken for remote working. no expectation that you read it or of homeworking last year were “women, It also ensures the employer provides respond until you are working.” those working in information and funding for activities such as stress The model agreement then proposes communication, those residing in or management seminars. Last year in Spain, specified commitments on hours of work working in London and those in profes- the public services union federations, and overtime; disconnect out of hours; sional occupations”. FSC-CCOO and FeSP-UGT signed a new regular breaks and lunchtime; managing Those working in the accommodation agreement on remote working covering meetings and times; oncall, standby, and food service sector were among the 2.5 million public sector employees. weekend attendance and other allow- least likely to home work at just 11.4%

SEPTEMBER 2021 LABOUR RESEARCH 11

56438_LRDSeptemberMagInner_MH.indd 11 25/08/2021 15:53 NASUWT Advert TUC Congress LRD.qxp_Layout 1 05/08/2021 10:46 Page TUC Congress NASUWT The Teachers’ Union Greetings London & Eastern Region Greetings to all Delegates – for a successful Conference and a Safe and Fighting Back future! The NASUWT sends greetings to everyone at TUC Congress

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LRDHalfPageSubs180x117_MH.indd 1 17/12/2020 12:47 12 LABOUR RESEARCH SEPTEMBER 2021

56438_LRDSeptemberMagInner_MH.indd 12 25/08/2021 15:53 STATUTORY RECOGNITION PROCEDURE

his year marked the “coming-of-age” 21st anniversary of the statutory union recognition Tprocedure, writes Gregor Gall. Established by Tony Blair’s New Labour government as a result of the Employment Relations Act 1999, Blair promised to deliver “fairness not favours” for unions with the Act and the statutory recognition procedure at its heart. And while welcoming the procedure, unions nevertheless had serious reser- vations about it. This was because Labour’s 1997 manifesto set out a straightforward commitment: where a simple majority (50%+1) of workers wished to have union recognition, it would be granted. Yet the procedure ended up with many qualifications and caveats — created because of employer influences, espe- cially through the CBI business organisa- tion. Unions had many reservations in relation to: n using ballots because these allow for employer interference (unlike a member- ship check); n bargaining units for recognition having to be compatible with “effective management”;

n applications only being acceptable SHUTTERSTOCK The pharmacists’ PDA Union says the procedure has brought benefits where there is no existing recognition, providing incentives for “sweetheart” deals; n the procedure allowing for union derecognition; n statutory agreements limiting what Lack of can be bargained over on terms and conditions; n in ballots, a simple majority for recog- nition also equating to 40% of all those recognition? entitled to vote; n restricted workforce access by unions in the run-up to a ballot; and Has the statutory union recognition procedure n the procedure only applying to delivered ‘fairness not favours’ as promised by employers with more than 21 workers. From 6 June 2000 until 30 June 2021, the Labour government that enacted it? 1,225 applications were made for statu- tory recognition, with recognition granted errors but were then resubmitted, the numbering just over 3,000 and covering in just over 360 cases (see table on page number of applications is actually less some 2.5 million workers. 14), representing a 30% success rate. than 1,225, again raising the success rate. Here, employers knew unions could Recognition resulted from unions This brings the success rate up to about make applications if the voluntary route either winning ballots after they had 70%. But this is still not the full story. did not yield an agreement. So, as the shown they had majority support without Using the extent of coverage of collective Labour drafters of the law wished, the majority membership, or by showing they bargaining over pay (from the Labour statutory procedure was only being used had a majority of workers in membership. Force Survey) as the best available proxy as a last resort. That success rate is, however, not the measure for the extent of union recogni- Although the situation could no doubt full story. In just under 400 cases (33% tion, the situation is quite grave. have been a lot worse without the statu- of cases), applications were used to gain Union recognition has declined almost tory procedure, the overall picture that voluntary agreements. consistently from 37.0% in 1997 to emerges is not union- or worker-friendly In these cases, unions withdrew their 25.6% in 2020, the most recent available enough and not strong enough to make applications. And, given that some appli- year for data. And this is despite purely a big, positive difference. cations were also withdrawn before they voluntary agreements signed in the If it was, it would have allowed unions could be adjudicated upon because of “shadow” of the law since 6 June 2000 to stop the declining coverage of union

SEPTEMBER 2021 LABOUR RESEARCH 13

56438_LRDSeptemberMagInner_MH.indd 13 25/08/2021 15:53 STATUTORY RECOGNITION PROCEDURE

n THE VIEW FROM THE TUC In the TUC’s view, the nature of statutory switched “from members. And the 40% statutory recognition agreements, even if they implementing complicated threshold of all entitled process is “flawed and can navigate the rules to support for workers voting for bureaucratic”, as complicated process. collective bargaining recognition should be demonstrated by the “very “But the statutory where workers want it”. replaced by the threshold low numbers” of process does offer a way To that end, it set out a of a simple majority. applications made, of seeking recognition in series of proposals in Other proposals according to Tim Sharp, the face of an intransigent 2019. In addition to the concern increasing unions’ its senior employment employer, even if simply in reduction to 2% workplace access and rights officer. persuading them to pursue membership of the removing the 21+ worker Looking back over the a voluntary agreement.” bargaining unit for threshold. last 21 years, Sharp The TUC is seeking acceptable applications, believes: ‘Unions are likely significant reform of the the TUC says there should n TUC: A stronger voice to pursue voluntary current procedure. In be no requirement for a for workers: how collective recognition wherever particular, it advocates ballot if a simple majority bargaining can deliver a possible given the limited that the CAC’s role is in the bargaining unit are better deal at work, 2019.

recognition or even turn it around. As it staff councils) to prevent unions from negative impact, discouraging applications is, employers have increasingly unilat- recruiting sufficient members and because significant obstacles have to be erally determined terms and conditions winning sufficient worker support to passed to establish the bargaining unit of employment. make successful applications. and to pass ballot thresholds. The Central Arbitration Committee This helps explain why the union recog- He said: “Our organisers have (CAC), the body that administers the nition agreements gained via the CAC sometimes witnessed significant shifting statutory procedure, initially expected cover so few workers. Generally, unions of the goalposts over how bargaining around 150 applications per year. Over will only apply for recognition where they units are determined and with employer 21 years, that would have amounted to have very high membership and, in a staffing lists being inaccurate but without some 3,150 applications. context of employer opposition, that unions having any ability to verify them.” But no one year had 150 applications means unions can only sustain these high As a result, he says: “Our preference and the highest was the first full year, levels of membership among small groups is to secure voluntary agreements” and with 118. That less than 40% of those of workers in non-union workplaces. the statutory procedure has been little applications have materialised suggests It is also the reason the TUC calls for used. He favours amending the procedure union concerns were well founded, the 10% membership threshold test for so that simple voting majorities leading them not to seek to use the an application to be replaced with a 2% determine ballot outcomes. procedure as often as they might have. threshold (see box this page above), in line with that for information and Management tactics Falling applications consultation rights. UNISON’s North West regional organiser, Initially, there was a spate of applications Defenders of the procedure would Vic Walsh, recounts that once and a huge rise in voluntary agreements point to a different conclusion — the ratio applications have been made, they can signed without recourse to the CAC. of a low rate of applications to the rela- stimulate management tactics like Thereafter, the number of applications tively large number of voluntary agree- organising anti-union petitions and per year fell to half of that high point ments demonstrates the law drafters victimising reps because it signals to the while the number of voluntary agree- were correct in providing a procedure employer that the union is firm in its ments fell to a tenth of what it was. only to be used in the last instance. desire to gain recognition. Here, the relatively easy picking of the But this fails to see the wood for the The GMB general union has had “very “low hanging fruit” occurred, only to trees. The procedure’s weaknesses mean low usage” of the procedure with many reveal a permafrost of employer opposi- unions are not keen on using it and so more agreements signed without using it, tion which the procedure is not strong prefer the voluntary route. according to GMB head of organising enough to thaw. And while some unions feel the proce- Martin Smith. He says the union finds the This is again highlighted by the dure has some merit, many feel it is latter approach offers better terms for paradox of bargaining unit determina- overly complicated, trapping unions in a bargaining. The CAC route, on the other tions. Nearly 70% were pro-union, with bureaucratic snare that hands far too hand, has had a tendency to create most of these being the units the unions much over to employers. “damaged industrial relationships proposed. But this has not led to greater For example, Mike Kirby, Scottish whether applications were won or lost”. usage of the procedure by unions. secretary for the UNISON public services He adds that the procedure is not only Most of these bargaining units were union, believes the procedure has a increasingly out of date where multiple small because unions feared using larger ones where employers would be able to Table: Outcomes of applications for statutory union recognition — June 2000-June 2021 intervene to stop recognition. Acceptance stage Accepted 722 Not accepted 151 Withdrawn 350 Under the statutory procedure, there is very little regulation of employer Bargaining Unit stage Unit Decided 218 Unit Agreed 355 Withdrawn 138 behaviour. Outside, there is almost none. Ballot stage Recognition without Ballot 192 Ballot Held 273

So employers are free to engage in Ballot outcomes Union recognised 171 Union not recognised 102 strategies of suppression (like victimisa- tion) and substitution (like setting up Source: Statistics at CAC, 1 July 2021

14 LABOUR RESEARCH SEPTEMBER 2021

56438_LRDSeptemberMagInner_MH.indd 14 25/08/2021 15:53 STATUTORY RECOGNITION PROCEDURE

should also constitute ballots to recog- n NORTHERN IRELAND nise independent ones (see Labour Research, January 2018, page 7). Northern Ireland’s It had received 84 cases and a statutory Alan Pottage, the RMT transport statutory procedure is applications by 6 June application resulted in union’s national organising coordinator, essentially the same 2000. Recognition a voluntary agreement says his union frequently uses the proce- but administered by was gained by a in 21 cases, a 45% dure and “generally found it useful in its Industrial Court. statutory award in 17 success rate overall. forcing recognition upon unscrupulous employers because it concentrates their employers occupy the same workplace, culties gaining the 10% membership minds”. But he cautions that winning zero hours contracts prevail and workers threshold across large employers oper- recognition “is not the be all and end all are generally more mobile, it also “fails ating multiple workplaces. because often the employer will try to achieve the more level playing field of As a result: “Usdaw prefers to reach ignoring the agreement or pay lip power between workers and employers”. voluntary recognition agreements with service to it”. The BFAWU foodworkers’ union also employers where possible as we believe In similar terms, Scotland organiser said it has seldom used the procedure. that this starts the relationship off on a for the NUJ journalists’ union John Toner Again, the union prefers to secure volun- better footing.” said his union found the procedure has tary recognition, said general secretary The union has mostly used the proce- proved to be “positive and beneficial”, as Sarah Woolley. dure to “help focus discussions on it not only helped regain recognition but This “builds up membership and the reaching voluntary agreements” and has also gain recognition where the NUJ relationship with employers to a level found a statutory agreement will not didn’t have it before. where employers see the benefit of necessarily alter the employer’s attitude However, the union’s preference engaging in collective bargaining without towards recognition. would always be for a voluntary agree- the need to involve the CAC”. Lillis notes the impact of the proce- ment, although the statutory procedure However, she added that using the dure has been “weak” and could be very “encourages voluntary agreements”. procedure can be beneficial if an employer much improved through appropriate This was echoed by Chris Morley, his is reluctant to engage, although “this amendments. NUJ Northern and Midlands counterpart: does not necessarily make the relation- In particular, Usdaw supports reducing “It has been generally positive in ship with employers easier because the 10% threshold to 2%, unions being providing employers with a focus on begrudgingly they have to comply”. given greater and unhindered workforce recognition claims that in the past they access and widening the scope of would have tried to ignore,” Morley says. ‘Tortuous’ bargaining under statutory agreements. The Public and Commercial Services One union that reckons the proce- Incentive (PCS) union has found the recognition dure has paid off is the PDA Union for “They have a choice and an incentive to process “torturous and extremely time pharmacists. PDA director Paul Day says come to voluntary agreements given that consuming” where the union has sought the procedure helped his union “bring a lot of management time and energy recognition from private sector the benefits of union recognition to a can be wastefully used up in opposing employers, said John Moloney, its assis- new area of the economy, with agree- recognition where it is known the union tant general secretary. ments with over 20 employers [such as has sufficient numbers.” In part, he attributes this to having to Boots and Lloyds] covering around 15% Mike Clancy, general secretary of the get to grips with the impact of test cases of all pharmacists”. Prospect specialists’ union, says his over how bargaining units are defined, He believes this would have been union’s experiences “vary by the many with the CAC not actively helping unions much harder without a statutory process different environments we operate in [so navigate this. of some kind. that] much of Prospect’s approach is Because of this, the PCS’s preference In the case of Boots, the PDA used the pragmatic and depends on the context”. “is to use the voluntary route using Acas, procedure to gain recognition and set a Looking back over the last 21 years, which is certainly potentially faster”. precedent for getting other employers the fears unions have had about the Paddy Lillis, general secretary of the to concede voluntary recognition. impact of employers’ influence have been Usdaw retail union, recalls how, initially, That said, and stemming from the largely borne out. Success has been “the procedure had a positive impact, with Boots case, Day says the PDA wants “a limited in turning the clock back to a Usdaw signing more new agreements in review of the ability of a non-independent point where most workers were covered 1999 and 2000 than compared to normal”. union to block recognition by an indepen- by union recognition. But subsequently, the impact was dent union” and believes ballots to As a result, the TUC has drawn up smaller, he says, attributing this to diffi- derecognise non-independent unions proposals for significant reform of the procedure (see box on page 14). The next step will be to get Labour to LRD’s comprehensive guide to occupational health and safety legislation adopt these as part of Labour’s plans to reconnect with its core base of support OUT SOON among workers.

Health and Safety n Gregor Gall is visiting professor of industrial relations at the University of Law 2021 Leeds and an affiliate research associate in the School of Law and the School of Order your bulk copies for safety reps Social and Political Sciences at the Call Shenaz on 020 7902 9803 or email her at [email protected] University of Glasgow.

SEPTEMBER 2021 LABOUR RESEARCH 15

56438_LRDSeptemberMagInner_MH.indd 15 25/08/2021 15:53 STATE SUBSIDIES State aid after Brexit

The government’s he Tories claim their new Subsidy Control Bill “seizes the proposals for new post- opportunities from having left Brexit rules applying to Tthe EU’s bureaucratic state aid regime”. And it says the legislation will the award of public “enable key domestic priorities, such as subsidies to businesses levelling up economic growth across the The Bill represents a ‘Westminster power UK and driving our green industrial revo- grab’, says the GMB union fall well short of union lution”. But unions say the proposals are demands for a state aid unsatisfactory and don’t go far enough. For example, the consultation docu- When a member of the EU, the UK ment said the government was merely regime. followed the EU’s state aid regime “minded” to take forward defence and governing the awarding of subsidies. security exemptions for subsidy policies. Now that the UK has Brexited, the “This is very important for the GMB government is laying out rules for a new as a shipbuilding union,” Turner told UK system in the Subsidy Control Bill, Labour Research. “Companies are oper- introduced to Parliament at the end of ating in an environment where there is June (see box on page 17). Subject to limited genuine competition, and compa- Parliamentary approval, it will come into nies in other countries are often heavily effect in 2022. state-subsidised.” In the past, when put on the spot over the issue of state intervention to save ‘Useful language’ jobs and industry, British governments The second improvement concerns would insist that bailouts and (re)nation- “useful language” about the scope for alisation were not possible, citing EU subsidies where there is the risk of state aid regulations as the reason. economic hardship, and particularly job losses, contained in the post-Brexit Hide UK-EU deal, the Trade and Cooperation Anna Mowbray of the Community union’s Agreement. “They weren’t included in research and policy team told Labour the consultation document, which was a Research: “It’s good the government is real concern,” Turner said. “It didn’t give now saying ‘we’re not going to hide the government the full powers it has behind EU bureaucracy’ when before under the EU agreement.” they said their hands were tied. Although improved language was “It wasn’t actually true, as other incorporated into the Bill, there are still countries have provided much more restrictions about where the government support, but we welcome that the can intervene to prevent economic government is highlighting its Bill as a hardship and job losses — and interven- potential opportunity following Brexit.” tions are time limited. Nevertheless, unions and the TUC And while union pressure resulted in have expressed major concerns about these limited gains, the GMB still has the proposals in response to an earlier deep concerns about other parts of the consultation. Bill. For example, there is no requirement And GMB general union head of for the new Subsidy Advice Unit (see box research and policy Laurence Turner on page 17), to engage with trade unions, says the Bill contains only limited and there is no representation of trade improvements to reflect these concerns. unions in its structures.

16 LABOUR RESEARCH SEPTEMBER 2021

56438_LRDSeptemberMagInner_MH.indd 16 25/08/2021 15:53 STATE SUBSIDIES

Moreover, he said, “whereas Westmin- ster, the Scottish government and Welsh and Northern Ireland assemblies were all individual voices among many lobbying the EU, under the proposals in the Bill, the devolved nations are subor- dinate to Westminster”. Both the Scottish and Welsh govern- ments have previously made important industrial interventions. For example, the Scottish government acquired stakes in Burntisland Fabrications and Ferguson Marine, specialist firms that support essential skills, and which otherwise risked total closure. “It’s not clear if similar interventions would be possible under the new subsidy control regime,” Turner pointed out. Meanwhile, the TUC has highlighted the UK government’s poor record and its repeated failure to invest in “held-back” sectors and parts of the country. In 2018, for example, Britain spent just 0.34% of GDP on state aid, compared to 1.45% in SHUTTERSTOCK Germany and 0.79% in France. Turner said the GMB wants to see a approach of government trying to run social partnership model that provides the economy, ‘picking winners’ or bailing Jobs under threat “a voice for both employers and out unsustainable companies.” In 2018, it chose to put £2 billion worth employees, and we worry this new But, says the RMT, nationalised indus- of shipbuilding contracts out to interna- central unit will be a remote, technocratic tries were the norm, not the exception, tional tender at a time when jobs were body”. That worry is heightened by some in the 1970s. And there are many argu- under threat in UK yards. This was of the language used by ministers. ments for bringing back specific public despite an exemption for most defence When it comes to some of the key services into public ownership, including procurement from compulsory compet- provisions on social and economic hard- rail. It says that “having this framing” itive tendering under Article 346 of the ship — how large-scale job losses are effectively rules out and dismisses public Treaties of the EU. defined, for example — the process will ownership models. It also failed in 2019 to support invest- take place in an “ideologically-charged The Tories claim devolved govern- ment to keep the Orb electrical steel plant environment”, with a lack of trade union ments “will be empowered for the first in Newport going and didn’t see the wider representation, he added. time to decide if they can issue subsidies potential for electrical steels at Orb, vital The RMT rail union points out that by following a set of UK-wide principles”. to the decarbonisation of the economy. twice in the consultation document “the Previously, they say, the devolved According to research for Community, 1970s are used as an example the governments were subject to the EU’s this failure is set to cost the economy government is desperate to avoid prescriptive state aid regime. more than £1 billion over the next decade. returning to”. This was re-emphasised But Turner said the Bill represents a A further problem is that while the Bill when the government announced the “Westminster power grab”. The devolved states environmental objectives are new Bill, saying that: “The system will administrations are not represented in something bodies making decisions not be a return to the failed 1970s the structures of the new central unit. about subsidies should have regard to, n KEY ELEMENTS OF THE UK SUBSIDY CONTROL REGIME The government’s stated moving to zero carbon,” address the public policy subsidy are greater than objectives for the new said Anna Mowbray from objective being pursued; the harmful impacts of subsidy control regime are: the Community trade union n alternative policy levers providing the subsidy. n facilitating interventions research and policy team. should be considered Exemptions include to deliver on the UK’s “Active government before turning to subsidies; subsidies for “safeguarding strategic interests; support is really essential n there should be minimal national security”. n maintaining a for decarbonisation.” impact on competition A Subsidy Advice Unit competitive and dynamic The Bill sets out a series and investment within the within the Competition and market economy; of principles including: UK; and Markets Autority will n protecting the UK n there must be a benefit n public authorities should provide advice on the internal market; and to wider society in assess the material effects regime’s operation, but it n acting as a responsible providing the subsidy; on competition and won’t have the power to trade partner. n subsidies must investment in the UK, and prohibit the granting of “What’s not here is incentivise and lead to a international trade and support. Enforcement will reference to levelling up change in the behaviour of investment, and decide be through the courts and and decarbonising and the beneficiary and help whether the benefits of the tribunal system.

SEPTEMBER 2021 LABOUR RESEARCH 17

56438_LRDSeptemberMagInner_MH.indd 17 25/08/2021 15:53 STATE SUBSIDIES

social and environmental objectives are environmental outcomes should be one “because it’s a strategic industry and not brought together, said Turner. The of the principles guiding the development we want the government to take a GMB has long demanded that subsidies of the UK’s post-Brexit state aid scheme. holistic view of the benefits of providing for renewable energies should consider And although Turner welcomes the support rather than making excuses for supply chains and jobs in the UK. Bill’s proposal of a central database on not supporting it. There have been significant govern- subsidies awarded, he says the threshold “Steel plants have already collapsed ment subsidies for offshore wind, for is too high. The government wants to set with devastating effect. The government example, but very few jobs have materi- this at £50,000, below which subsidies has always had the flexibility to support alised, and the government has not acted would not have to be reported. strategic industries and hasn’t done so.” on the powers it has, Turner added. For all the government rhetoric around “Electricity generation projects Cronyism the new regime, the TUC has warned it haven’t supported UK producers,” As the GMB’s submission to the govern- could be more restrictive than the EU’s. Community’s Anna Mowbray said. ment consultation points out: “Following Under the previous system, certain For example, the offshore Seagreen well publicised examples of inappropriate sectors benefitted from a “general block wind farm at Fife didn’t contract a local procurement and cronyism in access to exemption”, containing more than 20 company to make the steel jackets for contracts during the coronavirus measures to provide lawful state aid wind turbines, even though the Scottish pandemic, there is a public interest in without going through the notification government supported the company. greater transparency under future and approval process. The steel will be shipped from abroad regimes — not less.” These have covered, for example, aid rather than providing local jobs. “That’s Turner said: “There is a gap in the for disadvantaged or disabled workers not environmentally sustainable,” she legislation regarding disclosure and we and for research, development and inno- added. “The government should be want to see the minimum standard of vation support. The government’s consul- including environmental costs in procure- transparency in the Coronavirus Job tation document did not identify or ment and using British steel producers.” Retention Scheme apply to a future consult on derogations from the existing Turner said: “Environmental subsidies scheme. Over recent months we’ve seen block exemption. need to provide good quality jobs, with companies that received money through “The proof will be in the pudding as decent levels of pay and trade union the JRS using fire and rehire tactics to to whether they deliver,” Mowbray said. recognition, otherwise this will be a lower terms and conditions. Transpar- “It’s not just about state aid. The historic missed opportunity.” The TUC ency is important and we want to see that government needs to look at the bigger says that supporting decent jobs through improved in the Bill.” picture and consider the social and social clauses in public procurement to Mowbray said Community wants to environmental impact of support for drive up labour standards, skills and see measures in place to support steel, strategic industries.”

18LRD LABOUR LP Conf 180mm RESEARCH x 130mm Campaigns SEPTEMBER Advert 0821 2021 OUTLINES.indd 1 19/08/2021 17:29

56438_LRDSeptemberMagInner_MH.indd 18 25/08/2021 15:53 LAW MATTERS FAILURE TO CONSIDER FURLOUGH MEANT REDUNDANCY WAS UNFAIR

A care assistant was unfairly able to offer her live-in care There was a further avoid the lay-off of employees dismissed because her work and had some meeting with Mhindurwa in because of the effect of the employer had failed to discussions with her about her July 2021, and she was Covid pandemic. consider whether she should employment ending and what dismissed a week later by Mhindurwa’s employer had have been furloughed, alternative work may be reason of redundancy. Her stated that it had no according to an employment available. The only work it appeal against dismissal was immediate work for her tribunal in Mhindurwa v could offer her was domiciliary rejected and she brought because the requirement for Lovingangels Ltd ET Case No. care work in a different claims in the employment live-in work had reduced 3311636/2020. location, which was unsuitable. tribunal including unfair significantly due to Covid-19. Ms Mhindurwa was Mhindurwa asked if she dismissal. This was the type of employed by Loving Angels could be furloughed but was The tribunal accepted that situation that the furlough Care Ltd from 2018 as a refused on the basis that the reason for dismissal was scheme envisaged, the judge live-in care worker. In there was no work for her. redundancy as there was no said, and the company had February 2020, the person At this time, it was still longer a requirement for a not explained why it was not she was looking after at possible for staff to be live-in care assistant. But the considered whether home was admitted to furloughed for the first time, refusal to consider furlough Mhindurwa should be hospital and subsequently to since it was before the cut-off was not reasonable and this furloughed for a while to see a care home so no longer point of 10 June 2020. (A made the dismissal unfair. what change, if any, there was needed care at home. revised furlough scheme was The employment judge in the availability of live-in In May 2020, Loving Angels opened to first-timers in noted that the whole purpose care work or other work that told Mhindurwa that it was not November 2020). of the furlough scheme was to she could take on.

DECISION NOT TO CAST PREGNANT ACTOR IN ROLE WAS PREGNANCY DISCRIMINATION

A film production company’s because the character has a been wrongly advised by viewers, the tribunal found decision not to cast an actor romantic relationship with her trade union that she that there were various in a new series because she the lead character’s could not bring a claim ways in which Kinlay’s bump was pregnant was pregnancy husband. Kinlay’s fee was to because she had no could be concealed. discrimination, an be £4,370. contract, and then by Acas These included costume employment tribunal has On 15 July, a casting that she was self-employed choices, the positioning of held in Kinlay v Bronte Film agent contacted Lethal and had to bring a claim in other actors, camera angles, & Television Limited ET White’s producer to tell her the county court. She also lighting and the use of Case No. 2200251/2020. that Kinlay was 12 weeks mistakenly believed that she props. If necessary, the Antonia Kinlay played the pregnant. Filming was due to needed to instruct solicitors bump could be digitally character Sarah Shadlock in start on 16 September 2019. to bring a claim and had to removed from the images in Career of Evil, part of the On 29 July there was a sort out funding. the post-production process, Strike television series production meeting at which The employment tribunal which it accepted may be adapted from the novels of it was decided not to cast decided it was just and required in one scene. JK Rowling under the Kinlay in the role and her equitable in the The tribunal found that pseudonym Robert Galbraith. agent was informed in the circumstances to extend the the cost for the post- The character was a minor next few days. time limit and allowed her production work would be in role, appearing on screen for Kinlay did not find out claim to proceed. It held the range £5,000 to £8,000 around 30 seconds. until a month later that she that the failure to cast and not the £25,000 quoted The same character had not been cast, and it Kinlay was unfavourable by the production company. appeared in the next series, was only on 23 October that treatment by reason of Bearing in mind the Lethal White. Kinlay she was told it was because pregnancy and upheld her overall budget, and that the expected to play her again, she was pregnant. claim of discrimination. actor who replaced Kinlay and was included in the cast There was some delay While it was accepted was paid £9,555, this was list drawn up on 24 June before her claim for that the Shadlock character proportionate. Kinlay was 2019. The role was still pregnancy discrimination could not appear pregnant in awarded loss of earnings minor, but slightly larger was issued on 23 January the programme as this (£4,370) plus £6,000 for and more pivotal to the plot 2020. She had apparently would raise questions for injury to feelings.

SEPTEMBER 2021 LABOUR RESEARCH 19

BACK SECTION_MH.indd 19 25/08/2021 15:03 LAW QUERIES

Changes after TUPE after they transferred. The Act 2010. If that is the case, n Two years ago, several Employment Appeal Tribunal then your employer has a employees transferred to (EAT) said this was an abuse duty to make reasonable the council from a private of EU law. adjustments that could firm. Some of them have This is different from the include changing the time or discovered they would be position where changes are location of the interview, and better off under the council’s agreed after the transfer. finding a shift pattern that is existing terms and have Guidance from the BEIS suitable for you at a site that asked them to be changed. business department, you can get to. Management have Employment rights on the The definition of refused, saying that the transfer of an undertaking, redundancy includes where Q TUPE Regulations prevent states that terms can be the employer’s requirement & them making changes to changed “when changes are for employees to carry out their terms and conditions entirely positive from the work of a particular kind “in without an economic, employee’s perspective”. the place where the employee A technical or organisational Acas guidance also says that was employed” has ceased or reason.Can TUPE be used in changes are allowed “if they diminished (section 139(1)(b) this way? improve your terms and Employment Rights Act 1996). conditions”. This means if you were Under the Transfer of The Court of Appeal’s employed to work at your Undertakings (Protection of judgment in Power v Regent current site, and there is no Employment) Regulations Security Services Ltd 2008 mobility clause in your 2006 (TUPE) (as amended by ICR 442 also says that contract that requires you to the Collective Redundancies beneficial changes are work at another site, you and Transfer of Undertakings allowed. In that case, it could still be redundant. (Protection of Employment) concerned an increase to You would need to check (Amendment) Regulations retirement age that the your terms of employment to 2014), a change to contractual claimant had accepted. see whether there is a terms is only allowed if: The Court said the purpose mobility or flexibility clause. n it is unrelated to the of the TUPE regulations was If there is a redundancy transfer; to safeguard employees and situation, the duty to make n it is for an economic, there was nothing in them to reasonable adjustments technical or organisational prevent them agreeing more applies to both the reason entailing changes in favourable terms. redundancy process and the the workforce; Based on the guidance and offer of alternative work. n the contract permits it, or; this Court of Appeal decision, Even if you are not n the transfer took place on your employer is not disabled, your personal or after 31 January 2014, the prevented from agreeing to circumstances may make it term is incorporated from a improve the terms of those reasonable for you to refuse collective agreement, more staff who transferred across. an offer of alternative work than a year has passed since and retain your right to a the transfer and, overall the Adjustments for interview redundancy payment. employee’s terms are no less n My manager has told me Disclaimer favourable following the that the company is getting The answers on this page are change. rid of the late shift that I provided for information only. Other changes are void currently work and has The LRD takes every reason- under Regulation 4(4). asked me to attend an able effort to ensure that the There is nothing in the interview for an early shift. information is accurate and TUPE Regulations, or in the The interview is at 7.30am up-to-date, but it does not EU Directive they derived and I can’t get there in time. amount to legal advice to any from, that deals with changes I can’t drive because I have person and must not be relied The Labour to terms and conditions that a problem with my sight. on as such. Readers needing are beneficial to the My manager has refused my legal advice are encouraged to Research contact their trade union or employee. This has led to request to go to a different other legal adviser. Department’s some debate about the site and also said there is no employment law position where the parties redundancy available Original and updated want to agree better terms. because there is plenty of versions of UK specialist answers In the recent case of work on the early shift. legislation are available Ferguson and others v Astrea What can I do? at www.legislation.gov. dozens of legal Asset Management Ltd uk. Recent cases are queries each [2020] UKEAT/0139/19, more If you are certified by a analysed monthly in favourable terms agreed by consultant ophthalmologist as LRD’s Workplace Report. month from the transferring company sight impaired or partially See www.lrd.org.uk for subscription details. affiliates. Here is were void, but that was sighted, then you are because the directors were automatically deemed to have For full case transcripts a recent selection. trying to gain an advantage a disability under the Equality visit www.bailii.org

20 LABOUR RESEARCH SEPTEMBER 2021

BACK SECTION_MH.indd 20 25/08/2021 15:03 LAW BACK-UP COMBINING ONSITE WORKING WITH WORKING REMOTELY

flexible working was working without proper must prove that she is introduced in the Employment consideration, and trade personally disadvantaged by a Act 2002 by the then New unions will need to be ready provision, criterion or practice Hybrid Labour government as part of to challenge discrimination (PCP) that also disadvantages working a package of new “family when it occurs women as a group. friendly” employment rights in relation to Here, the PCP was that included statutory hybrid working Hybrid the requirement to This month, Back-up looks paternity and adoption leave. as well. working is a work flexibly, at issues around hybrid The provisions are particular including at working. contained in Part 8A of the Discrimination weekends, and the Employment Rights Act 1996. and working form of pool for There is no doubt that the Initially, the right was hours flexible comparison was all Covid-19 pandemic has available only for childcare The case of working community nurses. changed the way that many and other caring Dobson v The people work. responsibilities. However, this North Cumbria employment For those who can work was opened up in 2014 to Integrated Care NHS tribunal had only looked at from home — because the type requests for any reason to all Foundation Trust the circumstances of those in of work they do allows it, and employees with six months’ UKEAT/0220/19 was brought her particular team — eight because they have the space continuous service. by a community nurse who other women and one man, all and equipment they need at was dismissed after refusing of whom were able to comply home — working from home Fair procedure to accept a change to her with the new requirement to has made it much easier for Notably, the law only gives a working hours that would work occasional weekends. them to manage childcare and right to request flexible require her to work occasional The EAT said this was other caring responsibilities working, and an employer is weekends. wrong, because the flexible around their work. entitled to refuse the request, Dobson had three children, working policy was applied While some may be keen to so long as they do so for two of them disabled, and had across the whole NHS rust. get back to the workplace, specified reasons and follow a agreed to work 15 hours per What is most significant, and others to remain working fair procedure. This is week over two fixed days, though, for other women, is from home, so-called “hybrid explained in the Acas Code of Wednesday and Thursday, that the EAT said the tribunal working” is becoming more Practice on Handling in a after making a flexible should have taken notice that commonplace as we get used Reasonable Manner Requests working request in 2008. it had already been accepted to life after lockdown. to Work Flexibly. In 2016, the trust reviewed in legal cases that women are This is when workers work It is also only available to all its flexible working more likely than men to be part of the time in the “employees” and not those arrangements and issued a disadvantaged because of workplace and part of the time who meet the definition of new roster. Dobson was asked childcare responsibilities. remotely (usually at home). “worker”. to work an occasional This means they do not Flexible working requests weekend a maximum of once have to provide evidence of Increase in remote working can relate to the number of a month. She said she could the “group disadvantage” and In a YouGov survey hours, times and place of not consider alternative this can be taken as a fact in commissioned by work. If accepted, the change arrangements and rejected future cases. employment conciliation to working arrangements the proposed changes. service Acas, over half of becomes a permanent Her grievance was also Continuing challenges employers (55%) expect an change to the contract, and rejected. The trust gave her While Acas points out the increase in staff working from only one request per year notice to dismiss her and potential benefits of hybrid home or remotely for part of can be made. re-engage her on the new working, including increased the week. And almost half Hybrid working, on the roster terms. She refused productivity and job (49%) expect an increase in other hand, is not again and was dismissed. satisfaction, and the ability to staff working from home or underpinned by any legal She brought claims of attract and retain a more remotely all week. rules. While this makes it unfair dismissal and indirect diverse workforce, it is not Acas has issued guidance more flexible, it can also make sex discrimination, which without its challenges. on the introduction of hybrid it harder to challenge if were rejected by an Trade unions will need to working for those considering employers are not acting employment tribunal. Dobson ensure they are properly a mix of workplace and fairly when introducing it. appealed to the EAT, with the consulted over changes to remote working. A recent case in the Working Families work-life working practices and Hybrid working is a Employment Appeal Tribunal balance charity intervening, consider both the particular form of flexible (EAT) illustrates the risk of and her appeal was upheld. discriminatory and health and working, but it is not the only discrimination when an In a claim of indirect sex safety impact for all their one. The legal right to request employer introduces flexible discrimination, the claimant members.

SEPTEMBER 2021 LABOUR RESEARCH 21

BACK SECTION_MH.indd 21 25/08/2021 15:03 HEALTH & SAFETY MATTERS

HEALTH AND SAFETY ‘A NEW DUTY WILL TACKLE FUNDAMENTAL SEXUAL HARASSMENT RIGHT’ Unions have welcomed news that the government will Occupational health and introduce a new duty on safety must be recognised employers to protect staff as a fundamental right, the from sexual harassment at ITUC international trade work, with explicit protection union confederation general from third-party harassment. secretary Sharan Burrow But they have warned it told those gathered at the must act swiftly to implement annual safety campaign the reforms, and the MU group Hazards conference musicians’ union is demanding at the end of July. inclusion of protection for Both she and TUC freelancers. national health and safety TUC general secretary policy officer Shelly Asquith Frances O’Grady described SHUTTERSTOCK also highlighted the impact the proposals as “a victory for Unions say the reforms must be implemented swiftly of the climate crisis on years of trade union workers’ health and safety. campaigning”. She said: “No swiftly to turn words into for bringing cases to an More than 300 union one should face sexual action, change the law and employment tribunal from reps and safety activists harassment at work, but the enforce it.” three to six months. signed up to the online shocking reality is that most And Equity actors’ union But the MU said it is conference to hear a women have. Employers will president Maureen Beattie disappointed the response did powerful global line-up of now have a legal responsibility commented: “Victims have not adequately address those speakers. They included New to protect their staff from waited far too long for this falling outside the scope of Zealand Council of Trade sexual harassment.” already, so I look forward to the protections of the Equality Unions president Richard UNISON public services the government making these Act. It has launched a petition Wagstaff who reported on union national women’s changes a priority.” to End sexual harassment at the health and safety officer Josie Irwin said: “The The proposals also include work for freelancers too on lessons learned from the government must now act plans to extend the time limit the Megaphone website. country’s approach to Covid-19. Wales TUC general secretary Shavanah Taj set out the seven key tests unions demanded as the Wales government lifted UNIONS TAKE STAND AGAINST Covid restrictions, after only one in four workers reported that their bosses ABUSE OF HEALTH WORKERS have complied with Covid regulations. Health unions have joined porters, cleaners, everyone BMA doctors’ union found And Middlesex University forces to stand up against working for the NHS, has that more than a third had professor Phil James said the abuse NHS workers have the right to safety and faced recent abuse from that by 5 July 2021, the faced during the pandemic. respect in the workplace,” patients. Health and Safety Executive A group, including said Walton. Last month, it said that had conducted 275,000 members of the midwives’ “It’s health workers that half of GPs in the survey Covid spot checks, but RCM and UNISON unions, have made the vaccination reported verbal abuse in the nearly 100,000 were carried urged people to stand with programme such a success,” previous month. And out by “unwarranted” them after RCM chief added UNISON general two-thirds (67%) said their partner organisations. Only executive Gill Walton secretary Christina McAnea. experience of abuse, around 7,500 were carried received abuse and death “But as they encourage threatening behaviour or out by warranted inspectors. threats on social media for everyone to have their jabs, violence had got worse in The conference also encouraging pregnant women some have suffered the last year. heard powerful testimonies to have the Covid vaccine. appalling abuse. This must The BMA called on the from from Families Against The RCM’s rallying cry of stop. The pandemic is real, government and NHS Corporate Killers #IStandWithGill has shone a and the virus can kill.” England to lead “an honest campaigners who called for spotlight on the abuse Meanwhile, a new survey public conversation” about tougher enforcement and health and care staff of more than 2,400 doctors the precarious state of the penalties to prevent more experience every day. “Our in England, Wales and NHS after 18 months of work-related deaths. midwives, doctors, nurses, Northern Ireland by the managing the pandemic.

22 LABOUR RESEARCH SEPTEMBER 2021

BACK SECTION_MH.indd 22 25/08/2021 15:03 HEALTH & SAFETY BACK-UP VENTILATION CAN HELP PREVENT COVID SPREAD

sufficient quantity of fresh or ventilation to reduce the risk aerosol transmission if the purified air. of aerosol transmission. If rooms or spaces in your New guidance from the ventilation in these spaces building(s) are: Ventilation UNISON public services cannot be improved, n used within the occupancy and Covid union, COVID-19 and employers limits specified ventilation in the Workplace, should consider in the building also points out that the whether it is There should design, and Following the government’s approved Code of Practice to safer to restrict be a supply of n have a lifting of its working from the regulations states the air the time spent fresh air to sufficient fresh home instruction, Back-up introduced should, as far as there and the air supply to looks at new official possible, be free of any number of indoor spaces meet the guidance on the ventilation impurity likely to be offensive people that where people current of workplaces. or cause ill health. access them, or are present minimum BEIS and DCMS have stop using them. building Unions and safety published six new Working There is new standard. You campaigners have been safely during coronavirus advice on using CO monitors. can get advice from a 2 calling for more attention to guides to coincide with the CO levels are not a direct competent ventilation 2 be paid to the critical role of government’s lifting of Covid measure of possible exposure engineer or, as a ventilation in controlling the mitigations. to Covid, but a build-up of CO precautionary approach, 2 transmission risk of Covid. This sets out that providing in an area can indicate the operate your system on the As Hazards campaigner adequate ventilation is the need for improved ventilation. maximum air flow rate.” Hilda Palmer makes clear in a second of six priority actions A consistent CO value of Simple ways to identify 2 recent article in Hazards businesses should take after less than 800 parts per million poorly ventilated areas magazine: “The prevention completing a health and safety (ppm) is likely to indicate that include: three amigos of ‘hands, face, risk assessment that includes a space is well ventilated, n looking for areas where space’ deals with contact and the risk from Covid-19. while a CO concentration of people work and where there 2 droplet risks — but does not There should be a supply above 1500ppm in a space is no mechanical or natural address transmission of of fresh air to indoor spaces indicates poor ventilation. ventilation; and virus-laden airborne aerosols.” where there are people Employers should take n checking mechanical New workplace guidance present. This should be action to improve ventilation systems provide outdoor air, for England produced by the through natural ventilation, where CO readings are temperature control, or both. 2 BEIS business and DCMS opening windows, doors and consistently higher than If a system only recirculates culture, media and sports vents; mechanical ventilation 1500ppm. And where there air and has no outdoor air departments, and updated using fans and ducts; or a are high risk activities (see supply, the area is likely to be Health and Safety Executive combination of both. Any above), CO levels should be poorly ventilated. 2 (HSE) guidance, now mechanical ventilation kept below 800ppm. It also provides detailed recognise the risk of aerosol systems should be set to In large areas, multiple guidance on how to use CO 2 transmission of Covid and maximise fresh air and sensors may be required to monitors to help identify provide more detailed advice minimise air recirculation. provide meaningful poorly ventilated spaces. on what employers should do Employers should identify information. The UNISON guidance for to comply with the law. any poorly ventilated spaces Monitors are less likely to safety reps recommends that “The law says employers and improve fresh air flow in be useful in areas occupied by where ventilation can’t be must make sure there’s an these areas where “residual people for short periods or improved in other ways, adequate supply of fresh air virus can remain in the air varying amounts of time; cleaning devices such as (ventilation) in enclosed areas after an infected person has areas where air cleaning units HEPA (High Efficiency of the workplace,” says the left and increase the risk of are in use — filtration can Particulate Air) filters or HSE. “This has not changed Covid-19 spreading”. remove contaminants like ultraviolet type devices during the pandemic.” They should encourage the Covid-19 from the air but not should be considered. The Workplaces (Health, use of outside space where remove CO ; small spaces like The NASUWT teaching 2 Safety and Welfare) practical, in particular for changing rooms, toilets or union says CO2 monitors Regulation 1992, Regulation 6 higher risk activity such as small meeting rooms; spaces should be in place in every — and the Workplace (Health, exercise or when people are used by few people; and areas school as part of an effective Safety & Welfare) Regulations singing or raising their voices. where CO is produced as part Covid safety response. 2 (Northern Ireland) 1993 — The risk assessment of a work process. And the GMB general union state that, in enclosed should prioritise identifying The HSE advises has called on the government workplaces, employers must areas that are usually employers: “Your ventilation to fund the installation of CO2 provide effective and suitable occupied and poorly is likely to be adequate to monitors and safe ventilation ventilation to supply a ventilated and improving minimise the risk of COVID-19 systems in schools.

SEPTEMBER 2021 LABOUR RESEARCH 23

BACK SECTION_MH.indd 23 25/08/2021 15:03 EQUALITY NEWS FTSE FIRMS DISABLED WOMEN REPORT STALL ON DIVERSITY IN WORK SEXUAL HARASSMENT TOP ROLES Up to seven in 10 disabled serious sexual assault or rape with around a third (34%) women report being sexually at work. saying their experiences had FTSE 100 boards have been harassed at work, according Two-thirds (67%) of a negative impact on their accused of making to a TUC poll. disabled women who mental health. “embarrassingly little Findings from the first experienced sexual More than one in five progress” on increasing major UK report into sexual harassment at work told the (21%) said it negatively their ethnic diversity, harassment of disabled TUC they did not report the affected their relationships according to the latest women at work also showed harassment to their boss the with colleagues. And it caused report by executive that one in eight of those who most recent time it happened. one in eight (12%) to leave recruitment specialist had been sexually harassed The most common reason their job or employer entirely. Green Park. left their jobs because of this. given was that they didn’t Previous TUC research Green Park has been And younger disabled believe they would be taken from October 2020 found that analysing the diversity of women aged 18 to 34 are seriously (39%). disabled women earned 36% the FTSE 100 senior even more likely to have Some said they were less than non-disabled men. leadership since 2014 and experienced sexual worried it would have a The analysis found that the early findings from its harassment, with almost eight negative impact on their unemployment gap for current report show that, out of 10 (78%) reporting career or work relationships disabled women, when for the first time since being harassed at work. (30%). Other reasons included compared to non-disabled men analysis began, there are no The research reported that not thinking they would be was 32.6 percentage points. black leaders in the top around two-fifths (38%) of believed (13%) or thinking TUC general secretary three roles of chair, CEO or disabled women have they would be blamed if they Frances O’Grady said: “Four chief financial officer (CFO) experienced unwelcome reported the incident (11%). years on from the explosion at the UK’s largest sexual advances at work; And of those who did report of #MeToo on a global scale, companies. more than a third (36%) say the most recent instance of employers still aren’t doing This is blamed on the they have experienced sexual harassment, more than enough to make sure women failure to increase black unwanted touching; almost a half (53%) said it was not are safe at work. It’s time for executive leadership, which fifth (18%) experienced sexual dealt with satisfactorily. every employer to take remains at 0.6%, unchanged assault, such as unwanted Disabled women told the responsibility for protecting over eight years. By sexual touching and one in 25 TUC that sexual harassment their staff from sexual comparison, black leaders (4%) have experienced a had a big effect on their lives harassment.” make up 3.4% of non- executive roles. Ethnic minority representation in CEO, CFO and chair roles remains at 3.7% with only one additional ethnic minority COVID UNDERMINES CAREER leader since 2014. Meanwhile, female OPPORTUNITIES FOR YOUNG representation in the top three roles is only 12.2%; 38 years off gender Up to 43% of young people those unemployed are not currently in work, but equality based on the feel the pandemic has confident about finding any looking for employment, current pace of change. harmed their long-term work in the next three attended university. The survey did reveal career prospects says months — and even more While the economy is some positive signs of research by HR (72%) aren’t confident recovering from Covid, progress towards greater professionals’ organisation, about finding a job that official UK figures show gender and ethnic diversity the CIPD. The study says meets their career there were 166,000 fewer at board and executive this may be because they’ve ambitions and salary young people (aged 16-24) committee levels. lost their job; the industry expectations in the next in the UK in employment in Yet where change is or organisation they want to three months. June 2021 compared with happening, it is often within work in now has fewer The survey, based on March 2020. HR and marketing. These openings; or working from responses from 2,064 Yet the CIPD notes that roles are considered far less home means they’ve missed young people (aged 18–30), many employers are likely routes to the out on networking and also finds that one in seven struggling with staff leadership top tier compared development opportunities. young people not in work shortages, highlighting the to those of finance, sales Findings show that 50% (14%) have applied for more need for more organisations and operations — paths of young people currently than 30 jobs in the last to invest in young people in dominated by white, male not in work have been so for three months. Forty-four different ways to bolster employees. 12 months. Half (49%) of percent of those not their talent pipeline.

24 LABOUR RESEARCH SEPTEMBER 2021

BACK SECTION_MH.indd 24 25/08/2021 15:03 WORKPLACE THE FUTURE OF WORK: WHAT DOES IT LOOK LIKE?

But those were short-term wage incentives and other hiring hotspots were in projections for 2015–2020 improvements for drivers, to north-west England in the only. One popular estimate, keep their lorries on the first week of August, whereas the report conceded, was that road. Similar stories are there was least growth in job Future for jobs “65% of children entering emerging in adverts in parts primary school today will food of Scotland. ultimately end up working in manufacturing ‘Employers are So, that’s the Forecasts about how work completely new job types that and engineering, desperate to reality today. will look in the years ahead don’t yet exist”. hospitality and find good staff But what does are always in demand. But Looking slightly further theatres, health the future for predictions can easily be ahead, UK innovation charity and social care, to help them jobs look like derailed by unexpected NESTA predicted that by local recover and now? With changes or unreliable 2030, education, healthcare, government and grow’ retraining widely assumptions. and wider public sector further seen as a way occupations were likely to education (see forward, people Recent events have dialed up grow. But some low-skilled LRD’s Workplace Report, need to know which jobs have the level of uncertainty jobs in fields like construction September 2021). growth potential. — from the pandemic (and the and agriculture, were “less Kate Shoesmith, deputy The Open University soon-to-be abolished likely to suffer poor labour CEO of the Recruitment and recently asked a group of furlough scheme) to Brexit, market outcomes than has Employment Confederation business experts which jobs in new technologies and the been assumed in the past”. (REC) says that since the final management, business and growing sense of urgency Interpersonal skills, higher- Covid mitigations were lifted computing, and IT they about the climate. order cognitive skills, and in July, the number of new job thought were most likely to As one influential report systems skills would generally adverts has continued to grow over the next five years. from the past decade be in greater demand. ramp up. “Employers are Among their top picks ironically noted, there used to The pandemic put all of desperate to find good staff to were AI analytics engineer/ be “a widespread belief this into a new light. Low- help them recover and grow in developer; “blockchain” among commentators that paid, insecure jobs have been the coming months,” she said. (databases associated with the defining feature of the hit hardest while the market Permanent and temporary crypto-currencies) expert; future UK labour market for higher-paying jobs held vacancies are up across all cyber security penetration would be radically reduced up better. sectors and recruiters are tester/expert; data analyst; working hours and increased The Joseph Rowntree “working flat out to help find and data protection officer. leisure time”. (The future of Foundation, who compared the best people”, with starting Futurelearn (an online work, jobs and skills in 2030, online job vacancies with the salaries rising at the sharpest course provider part-owned UK Commission for profile of unemployed people, rate since the REC began by the Open University) Employment and Skills, 2014). concluded that the most surveying the recruitment agrees that jobs in artificial Five years ago, the World intense competition for work scene in 1997. intelligence and blockchain Economic Forum predicted has been for sales and Its 2021 UK report on jobs, have a strong future. strong employment growth customer service jobs, compiled with the KPMG Beyond such IT-related across job families in administrative and secretarial accounting and professional options it also sees a strong architecture, engineering, roles and “elementary” services firm, finds: future for hygiene specialists, computers and mathematics; occupations. n in the first week of August, gene experts, mental health a moderate decline in That fits with what the there were 1.65 million active jobs, drone experts or pilots, manufacturing and Office for National Statistics job adverts in the UK (the and entrepreneurs. production roles; and a (ONS) has been saying about second highest weekly figure Customer-facing roles in significant decline in office a fall in the number and since December 2020); retail are “at risk of extinction and administrative roles. proportion of lower-paid n there were around in the near future”, says It foresaw other fields of employee jobs. 204,000 new job adverts Futurelearn, while smart work having a “largely flat A change in the posted that week, the fourth vehicles that drive themselves global employment outlook”, composition of the UK highest weekly figure since may make driver jobs — including business and workforce during the the start of the pandemic; including rail drivers — financial operations, pandemic has contributed to n photographers, audio- obsolete. construction and extraction accelerated earnings’ growth visual and broadcasting Optimistically, it says the work, and sales. in recent months. equipment operators were in technology involved in As we now know, retail But the tempo is now increasing demand as well as replacing these jobs will create employment is declining and changing again. Labour insurance underwriters and thousands if not millions of was doing so before the shortages are forcing farm workers; and new jobs “that are not even pandemic. transport employers to offer n four out of the UK’s top 10 comprehensible right now”.

SEPTEMBER 2021 LABOUR RESEARCH 25

BACK SECTION_MH.indd 25 25/08/2021 15:03 INDEX • LRD NEWS

The first number of 7/20 reference indicates the Homeworking 6/5, 7/4 issue and the second, the Hospitality industry 8/13-15 Let the readers speak! page number, so 8/8 = Industrial action — detriment August, page 8 protection 7/21 Labour Research readers we would love to hear from you Addison Lee 6/19 Inflation 6/6, 7/6, 8/6 Amazon 8/7 Ireland 6/8 Please visit: https://bit.ly/2T4HJah Asbestos 8/23 Italy 6/8, 8/8 Asylum — criminalisation of and complete a short online readership survey seafarers 8/4 Job Retention Scheme 6/25 and win a brand new copy of Arts funding cuts 7/4 Aviation industry 7/5 Key workers 8/4, Amazon 8/7 Law at work 2021 Belgium 8/8 BME employment 6/24 Levy on trade unions 7/19 We have 6 to give away - over £50 cover price! Loss of earnings 8/19 Your feedback counts - it helps us get it right for you Care staff 7/5, 7/22 Local government — pay 6/5 Certification Officer 7/19 Lorry drivers 8/5 Survey closes 31 August 2021 Channel 4 7/5 Chemicals strategy UK 6/22 NHS — pay 8/5; staff burnout visit: https://bit.ly/2T4HJah Childcare crisis 8/24 7/22; staffing levels 6/4 or email us for more info at: [email protected] Cleaners 6/7 Climate education 8/5 Older workers/24 Commission on Race and Ethnic Disparities 6/13-15 Poland 7/8, 8/8 Construction sector 7/25 Police, Crime and Contract — changes to 7/20 Sentencing Bill 6/9-11 Coronavirus — Covid as LRD Booklets industrial disease 6/22, 7/22; disabled workers 7/24; face Racism 8/24 coverings 7/22; long Covid Redundancy — enhanced LRD Booklets provide 8/22; mental health 6/23; 7/20; job changes 8/20; information for reps and negotiators. over-50s 6/24; public inquiry unfair 7/20 6/22; removal of mitigations Regrading 6/20 Our recent titles include: 8/22; single parents 7/24; Retail crisis 7/4 young people 6/24 Salary transparency 7/24 Law at work 2021 Deaf workers 6/24 Schools funding formula 8/4 Single copy: £53.25 Detriment protection — and Shift pay 8/20 This indispensable guide has been updated to industrial action 7/21 Sick pay 8/25 include all new and current legislation, along with Disabled workers — and Single enforcement body case law examples. Law at Work, unlike other pandemic 7/24 7/19, 8/9-11 publications on employment law, examines the law Dismissal 8/19 Spain 6/8, 8/8 from the perspective of trade unions and workers.

Employment Bill 6/21 TUPE — protections 6/20; Covid and mental health — a guide Europe — social rights 6/8, health and safety strategy Unemployment 6/6, 7/6, for union reps 8/8 8/6 Single copy: £9.95 European nationals —status Unions — GMB leader pledges an action guide for reps, setting out what they can do to ensure employers tackle mental health issues post-Brexit 8/21 fight for ‘good jobs’ 7/ 7, in the workplace, provide support for workers e-views 6/27, 7/27, 8/27 considers Labour Party links; aff ected and carry out “suitable and suffi cient” organising 6/7; PDA Union COVID-19 risk. assessments. Face coverings 7/22 6/ 7, 8/7; RCN 8/7; RMT Fire and rehire 6/4, 7/19 leadership election 6/7; trade Food poverty 6/4, 7/16-18 union membership 2020 7/7; Negotiating the new homeworking Forstater ruling 7/19 union branches’ state of landscape Foster carers can form health 7/9-11; UNISON branch Single copy: £11.25 trade union 6/19 organisation 8/7; Unite Provides reps with guidance on negotiating France 7/8 leadership 7/7; Usdaw strike an agreement, such as who pays the costs of Freeports 6/16-18 ballot 6/5 homeworking and ensuring remote workers are Furlough — and annual leave University boycott 6/5 kept healthy and safe as well as protected from 6/20; TUC call for extension oppressive monitoring. 7/4 Violence at work 7/23

Gender critical belief 7/19 Young people 8/24 Germany 7/8 Subscribe for only £80.00 Greece 6/8 Whistleblowing 8/19 You’ll receive all the LRD booklets published Women — health and safety Hazards conference 7/22 8/16-18, violence against throughout the year as well as four of the latest Higher Education (Freedom 6/22 booklets completely FREE. of Speech) Bill 7/13-15 Holidays — restriction on Workers’ rights 6/21 www.lrd.org.uk

26 LABOUR RESEARCH SEPTEMBER 2021

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Building sustainable workplaces Teachers’ mobility a negotiator’s guide and local pay

TUC Equality Audit 2018

A report for the six teaching unions by the Labour Research Department

May 2012

“LRD’s long and specialised engagement in the areas of labour markets, work rights and trade unionism has made them a natural choice when we’ve sought to add an expert focus to our communications work.” John Wood, Digital Manager, TUC

If you are interested in commissioning a piece of research or simply want to discuss a few research ideas with us... Contact: Clare Ruhemann, Research Manager on Direct line: 020 7902 9823 Email: [email protected]

SEPTEMBER 2021 LABOUR RESEARCH 27 Labour Research Department p27.indd 1 OCTOBER 2020 LABOUR RESEARCH 2724/08/2021 09:36

55111_LRMagCoverIssue10_MH.indd 3 28/09/2020 12:59 LRD_ResearchAd_NEW_Sept19.indd 1 02/09/2019 13:41 LRD RESEARCH SERVICE From short briefings to extensive projects, tailored for your union

TRADE UNIONS PROTECTING Women SELF-EMPLOYED Deserve WORKERS Focus on health WHY SELF-EMPLOYED WORKERS NEED BETTER RIGHTS? and safety Better WHAT UNIONS ARE DOING? WHICH PRIORITIES FOR THE FUTURE? TUC biennial survey of safety a better deal for women aged representatives 2018 50 and over in employment

A Labour Research Department report for UNISON

March 2014

Building sustainable workplaces Teachers’ mobility a negotiator’s guide and local pay

TUC Equality Audit 2018

A report for the six teaching unions by the Labour Research Department

May 2012

“LRD’s long and specialised engagement in the areas of labour markets, work rights and trade unionism has made them a natural choice when we’ve sought to add an expert focus to our communications work.” John Wood, Digital Manager, TUC

If you are interested in commissioning a piece of research or simply want to discuss a few research ideas with us...

Contact: Clare Ruhemann, Research Manager on Direct line: 020 7902 9823 Email: [email protected]

Labour Research Department

56310_MagCoverAugust21_MH.indd 4 26/07/2021 09:17 LRD_ResearchAd_NEW_Sept19.indd 1 02/09/2019 13:41