Workplace enforcement of employment rights
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This document discusses labour market enforcement in the UK. It notes that the UK has the second least regulated labour market in the OECD. Certain groups, like migrant workers, agency workers, and domestic workers, are over-represented among the least protected. Several agencies are responsible for enforcement, but many have seen their powers reduced or eliminated in recent years due to austerity measures. This weakening of enforcement will allow more breaches of employment rights to go undetected and unpunished. Unions and grassroots efforts will need to help fill the void left by disappearing formal enforcement mechanisms.
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Workplace enforcement of employment rights
- 1. Labour Migration in Hard Times 20th November 2013 Workplace enforcement Nick Clark
- 2. UK: second least regulated labour market in OECD (2008)
- 3. UK: second least regulated labour market in OECD (2008)
- 4. Over-represented amongst the least protected Obligatory self-employment Agency workers (Swedish derogation) Domestic workers Tied to employer by immigration regulations Contracts deemed unlawful Immigration rules Undeclared work
- 5. Principal forms of enforcement Do it yourself 1: Employment Tribunals (& county courts) Health & Safety Executive National Minimum Wage Inspectorate Gangmasters Licensing Authority Insolvency Service (& RPO) Employment Agency Standards Inspectorate Equality & Human Rights Commission Do it yourself 2: “organic enforcement”
- 6. Organic enforcement in action RMT Eurostar cleaners Photo: Unite the Resistance
- 7. Disappearing enforcement ETs EASI Agricultural Wages Board GLA HSE
- 8. Disappearing enforcement ETs – placed out of reach through fees EASI – absorbed into NMWI Agricultural Wages Board GLA – pre-licensing inspections HSE – London Outreach project
- 9. Disappearing enforcement From HSE Annual report 2011-12
- 11. Conclusions by focusing on migrant groups we shine a light on the routine exploitation in certain areas of the labour market enforcement methods are being further weakened in the names of austerity and deregulation breaches of fundamental employment rights will go undetected and unpunished competition at the bottom end of the labour market will become more intense even proactive approach (like the GLA’s) cannot do more than scratch at the surface Organic enforcement plus unions in the role of workers’ inspectors is needed
Editor's Notes
- Unlikely to have improved position since 2008, and latest change (2 years’ service for protection from unfair dismissal) will keep UK at the bottom of the table. May mean that employers less likely to turn to “non-standard” forms of work to increase flexibility and profitability in UK – and indeed seems to be little evidence of growth in anything apart from part time work (Slater, Gary. "Non-regular employment in the United Kingdom." Non-regular Employment–Issues and Challenges Common to the Major Developed Countries (2011): 43.) Japan Institute of Labour
- Twice the chance of being raided by immigration officers than by NMWI: almost 5,300 enforcement visits 2011-12.