With the countdown to next May’s general election well under way and the party conference season behind us, now is a good time to look at what (if anything) the main political parties have in their pre-manifestos or policy briefings concerning employment law.
Nothing to see here! Having reduced access to employment protection by reverting to the two years’ qualifying period for protection from unfair dismissal and introducing fees for employment tribunals, the only policy announcements of note concern proposals to curb industrial action and zero hours contracts. The proposals concerning industrial action appear pretty reasonable: (i) the ballot must have been recent (industrial action took place this month based on a ballot in 2011) and (ii) there should be a minimum 50% turnout. It seems to me that these requirements should not be unduly onerous to comply with and will result in industrial action having a greater impact on the basis that there is a genuinely significant mandate and that this has been obtained recently.
I have already covered the proposal to ban exclusivity in zero hours contracts and the Government is currently consulting about how to put in place suitable anti-avoidance measures. There seems to be a consensus that zero hours contracts have been used to conceal poor and exploitative working practices and I’ve written another article this month about Sports Direct and the need for openness.
Unsurprisingly, Labour has focused on inequalities in the workplace, including the need for diversity monitoring, specifically highlighting social background and equal pay for women. Public sector employers may be required to publish information concerning the social background of employees while companies with over 250 employees may be required to publish the average pay of male and female employees, regardless of whether any equal pay issues have been identified in the organisation.
There is also a plan to increase the minimum wage from the current £6.50 and hour to £8 an hour by 2020. As commentators have pointed out, although it’s a good headline, the increase is not in fact much more than would be required to keep in line with predicted inflation.
Labour intends to “do something” about Employment Tribunal fees but precisely what remains unclear. There have been suggestions of a sliding scale according to the wealth of the individual to scrapping fees completely. However there has also been an announcement that there will be wholesale reform of the employment tribunals system so the issue may be academic. What we do know is that Labour is determined that reform will ensure that “affordability is not a barrier to justice”.
There are also plans to increase the number of apprenticeship schemes with the aim that “as many young people will do apprenticeships as go to university”. Finally, in his conference speech, one part that Ed Miliband did remember was an extension of employment rights (or perhaps more accurately quasi-employment rights) to Britain’s five million self-employed. Now that would be a radical development and would undoubtedly keep employment lawyers very busy for years to come.Details