The Tory led Coalition's ideologically-driven
ambition to shrink the state to break
the social consensus which has existed
across generations since the 1940s and
which built the welfare state, the breaking
of that social contract between the state
and the people, is leading to increased
outsourcing in the public sector, which
- alongside new government policy on
employment rights - is dismantling the
employment rights of workers across the
UK.
Despite talk of it being watered down
following a universally negative reaction
to the Beecroft 'fire at will' proposals,
the Enterprise and Regulatory Reform
Bill, which is making its way through
Parliament, in the game of Ping Pong
at Westminster
The House of Lords have returned the
Bill to the House of Commons with amendments.
The amendments will be considered on
the floor of the House on 16 April 2013.
The
Bill contains important changes which
will undermine worker protections and
rights.
These include the use of so called settlement
agreements rather than employment tribunals
to resolve disputes, the introduction
of a rapid resolution scheme for some
workplace disputes, a reduction in workplace
inspectionsand enabling powers to enable
the repeal of regulations.
Already people
have to wait two years before getting
protection against unfair
dismissal.
The opponents of workplace
rights like Adrian Beecroft are using
the economic
crisis as an excuse to hack up workers
rights.
Half a million jobs have been
lost in the public services. 30,000 in
Scotland
according to our estimates. 51,700 by
government’s own figures since
the economic crisis began
And another 250,000 more will go across
Scotland as we’re only quarter
way through government’s measures.
To
make it cheaper for the government to
dismiss so many workers, it has instituted
new laws.
The 2010 Superannuation Act
reduced redundancy benefits (such as
compensation) for civil
servants; while new collective redundancy
consultation laws mean employers need
only engage with trade unions and workers
for 45 days rather than 90, increasing
the likelihood of further jobs lost and
more people becoming unemployed.
What's
more, elsewhere in the UK the privatisation
of parts of the public
sector has led profit to be prioritised
over service. For this reason, many public
sector workers face redundancy when their
departments are sold-off to private interests.
In
Scotland, local authorities proudly announce
that they have avoided compulsory
redundancies when in truth they have
merely outsourced them.
The council reduces
the value of service provision contracts
to third sector bodies – and
they make their staff redundant. The
impact this has on the services received,
by often very vulnerable people, is not
difficult to imagine.
While the SNP Government
certainly lack the zeal for privatisation
of their ConDem
equivalents, they also lack the will
to challenge the cash cuts imposed by
Westminster.
The Coalition's proposed
changes to TUPE regulations could make
it more difficult
for employees to remain on a fair wage
when they are transferred to a new employer.
The
Institute of Employment Rights (IER)
and UNISON have both submitted strong
evidence to the government to prove the
unsuitability of its plans which seek
to undermine several key areas of the
TUPE regulations.
The Coalition reasons
that the Acquired Rights Directive, on
which the regulations
are based, has been "gold-plated" in
current regulation, and seeks to simply "copy-out" the
wording of the Directive in several areas.
The
purpose of the Directive is to protect
employees during the transfer of their
terms and conditions to another employer,
but it is clear the government sees its
role as helping businesses to avoid this
responsibility.
UNISON highlighted in
its response that the repeal of Special
Provision Changes
will in fact increase the number of employment
tribunals necessary to achieve justice,
and increase the cost of transfers to
the state.
After a lengthy pay freeze,
public sector workers are now being 'treated'
to a
1% pay rise until at least 2016 - so
far below inflation it is effectively
a pay cut.
When services are outsourced,
public sector workers often find their
pay being
cut even further, as fair wages are seen
by many private sector companies as a
threat to their profit margins.
We are
witnessing the growth of Zero-hour contracts.
Employers hiring staff on
zero-hour contracts have no obligation
to provide work.
In return, employees
have no obligation to agree to work when
they are called
in, but the reality of most workers'
situations means they are forced by financial
restraints and fears over their job security
to go to work when called - often on
short notice.
Many employees on such
contracts simply wait by the phone -
unpaid - until they
receive such a call. Because work is
so unpredictable, they find it difficult
to take on other employment opportunities
to provide some stability.
They also miss
out on training and do not have the regular
practice in their
jobs
Tory Chancellor George Osborne's proposal
that workers exchange their rights of
unfair dismissal and redundancy for tax
free company shares marks a new low in
the debasement of employment rights in
the UK.
But it is likely to be an attractive
option for many private sector employers
keen to establish a 'flexible' and subordinate
workforce.
The government's new shares-for-rights
scheme will also come in with the Enterprise
and Regulatory Reform Bill allowing employers
to provide work only on the agreement
of their staff that they will give up
their right to redundancy pay, to claim
unfair dismissal, and to request the
right to training and flexible working.
In
return, workers will receive shares in
the company, which are often of negligible
value.
This proposal for a modern form of indentured
servitude should be roundly condemned
and resisted by the labour movement.
And as organised workers seek collective
action to protect themselves.....
Trade
union exclusion.
Some of the private outsourcing
services, third sector agencies public
sector workers
are being moved to do not recognise trade
unions, reducing the ability of these
more-vulnerable-than-ever-before employees
of being able to organise to stand up
for their rights.
The one place of hope
for working people is trade unions.
Banding
together as we’ve done
for generations
To fight for the Better
Way.