Forced Labour: current issues

1
Forced Labour current issues debatesThe
likely impact of recent employment law and ET
reforms on vulnerable workers in the UK

• Richard Dunstan, Social Policy Officer
  (Employment)

2
Vulnerable workers

• Low paid, low skilled
• Working for a small employer (lt50)
• Working in a non-unionised workplace
• Poor awareness of their rights, and how to
  enforce them (often exacerbated by language
  barriers)
• Relatively short-term employment

3
Impact of reforms on VWs

• Pay, and job security
• Access to advice and support
• Routes to enforcement

4
Pay, and job security

• Agricultural workers abolition of AMW regime,
  AWBs
• Unfair dismissal qualification period 2 years
• Clause 12 of ERR Bill offer of a compromise
  (settlement) agreement not admissible as evidence
  in any subsequent unfair dismissal claim
  Beecrofts compensated no-fault dismissal?

5
Access to advice and support

• Abolition of almost all legal aid for employment
  advice (and other welfare law) from April 2013
• General squeeze on NFP legal advice sector (CABx
  and Law Centres) due to cuts in local authority
  funding
• Acas helpline?

6
Routes to enforcement

• Statutory workplace rights enforcement bodies
  (HMRC, GLA, EASI, HSE) via Pay Work Rights
  Helpline
• All under-resourced and financially squeezed
• Employment Tribunal system

7
ET system - access

• Unfair dismissal qualification period 2 years
• Implemented April 2012
• Acas pre-claim conciliation (cl 7-9 of ERR Bill)
• Impact of fees on respondent engagement?
• Fees (secondary legislation, forthcoming)

8
ET fees

• Simple claims (unpaid wages, notice pay, holiday
  pay, breach of contract) 160 230 390
• All other claims 250 950 1,200
• Fees not refunded by State where claim successful
• Inadequate ineffective fee remission scheme?

9
ET process

• Deposit order maximum doubled to 1,000
• Costs order maximum doubled to 20,000
• Non-payment of ET awards no reform

10
Combined impact of reforms on VWs

• Decreased job security and legal protection
• Reduced access to legal advice and support
• Reduced access to ET system
• A Charter for Rogues
• Any positives?