[IER] Enforcement consultation cannot offer the reform we need

Fri Aug 4 17:03:15 BST 2017

IER News Brief 04/08/17

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news brief

Friday 04th August 2017

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The imbalance between employers and workers has gone too far and the backlash has begun. Tribunal fees have been found unlawful; the government has been forced into inquiries on the "gig economy" and precarious work following exposes of exploitation by major employers; and now the new Director for Labour Market Enforcement Sir David Metcalf has begun his own consultation <http://ier.us12.list-manage.com/track/click?u=f121e48a8bb6d3101590c12d3&id=95a2b84dea&e=71131c031b>  into how the law can better be enforced.

In his introductory report last week, Sir Metcalf vowed to consider how existing laws to issue criminal penalties to the worst offenders can be put to better use. He noted that between 2011/12 and January 2017, only nine cases were brought in the Magistrates' Courts and out of these, only seven convictions were made. He is now calling for evidence on how existing enforcement agencies - the HSE, EAS and GLAA - can be more effective in their policing of labour law.

But the Institute of Employment Rights warns that tinkering with our current system cannot offer the robust reform we need to reverse the damaging effects of the power imbalance between employers and workers.

Last year, United Nations' Special Rapporteur on the rights to freedom of peaceful assembly and of association, Maina Kiai, reminded member states <http://ier.us12.list-manage.com/track/click?u=f121e48a8bb6d3101590c12d3&id=4b7ed139de&e=71131c031b> : "The concentration of power in one sector – whether in the hands of government or business – inevitably leads to the erosion of democracy, and an increase in inequalities and marginalization with all their attendant consequences. The right to strike is a check on this concentration of power."

The Institute of Employment Rights agrees that it is only through giving workers a voice that we can provide for a fair workplace. In our Manifesto for Labour Law, we propose a paradigm shift that moves the focus of employment law from statutory minimums to collectively agreed standards at a sectoral level.

The onus on enforcing these labour standards should not be on the individual worker, as is the case today. Rather, an independent Labour Inspectorate should be established to ensure both the law and collective agreements are adhered to. Inspectors should have the power to issue enforcement notices and, where appropriate, criminal sanctions.

We also argue that many of the cases that currently go through the courts could be dealt with in house through dispute resolution procedures put in place as part of collective agreements. However, where an external court system is required, we recommend that tribunals are given stronger powers and return to a tripartite model where they, along with the CAC and Certification Officer, form the first tier of a new autonomous Labour Court System.

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	Director of Labour Market Enforcement consults on improving enforcement of labour law
The Director of Labour Market Enforcement, Sir David Metcalf, has opened a consultation on strengthening the enforcement of labour law.
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