Vulnerable Worker strategy

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Vulnerable Worker strategy

• Peter Stephens

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Vulnerable workers a BERR priority

• One of two pillars in Success at Work
  Protecting vulnerable workers supporting good
  employers
• Improved framework of basic workplace rights -
  challenge to ensure that all workers benefit
• Need to do more to underpin and improve the
  position of those at bottom end of labour market
• Important theme for Ministers and unions (eg
  Congress speeches by John Hutton and PM)
• TUCs Commission on Vulnerable Employment

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The strategy five pillars

• Robust legal framework of workplace rights
• Raising worker awareness of rights and how to
  pursue complaints
• Raising employer awareness of workplace rights
• Effective, well targeted enforcement where
  government has a role
• Advancement as the route to less vulnerable jobs

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Construction sector developments

• Construction Forum health safety issues
• CDM regulations tightened
• CSCS scheme
• HMRC work on false self-employment
• Displacement of gangmasters from agriculture

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Current initiatives

• Employment Bill to increase penalties and
  strengthen investigatory powers
• Additional resources for enforcement
• Raising migrant worker awareness - Know before
  you go etc
• Research (eg analysis of employment-related
  problems presented to CABs)
• Vulnerable Worker Pilots
• Vulnerable Worker Enforcement Forum

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Employment Bill Amendments to Conduct Regs

• Employment Agency Standards
• Powers to bring cases in Crown Court where higher
  penalties available better access financial
  records
• Stronger agency worker protections (eg right to
  opt out of services such as transport)
• NMW
• Powers to enforce fair arrears and impose
  penalties for first time non-compliance
• Dispute resolution reforms
• Fast track ET route for straightforward monetary
  claims. Possibility of decisions being taken on
  basis of papers only. Enhanced Acas advice
  service

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Additional resources

• Budget for enforcement of NMW has increased by
  50 for this and next 3 years
• Strategic review of HMRCs effectiveness in
  enforcing NMW (including review of risk
  assessment techniques)
• Number of employment agency inspectors to be
  doubled
• UMF3 will incorporate a protecting vulnerable
  workers theme
• Know before you go booklets for WRS registrants

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Vulnerable Worker Enforcement Forum

• Established in June
• Chaired by Employment Relations Minister
• Brings frontline unions, business
  representatives, and Citizens Advice together
  with the key enforcement bodies
• Is considering nature and extent of abuse of
  rights, identifying potential weaknesses in
  current enforcement regime, and will move on to
  identify options for improvement
• Conclusions in the first half of 2008
• Tom Hadley is the REC representative

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What themes are emerging?

• More abuse of workplace rights than is being
  reported
• Lack of awareness of rights and how to report
  problems or seek redress (including amongst
  advisers eg union branch officials)
• Workers reluctant to raise grievances for fear of
  consequences (or even let third parties do so)
• Local knowledge about the worst employers not
  reaching the enforcement agencies
• Pro-active, risk-assessed enforcement activity
  has relatively low success rates
• Enforcement bodies ability to share intelligence
  hampered by legal gateway issues
• Effort involved in seeking ET redress
  disproportionate
• Bad employers failing to engage with the Tribunal
  process, and failing to pay awards

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Avenues to explore

• Facilitating complaints by vulnerable workers
• Improving third-party understanding of the
  enforcement agencies
• Demonstrating action on the basis of intelligence
• Increasing collaboration between enforcement
  bodies
• Tackling barriers to sharing information between
  agencies