@the_TUC – Government must “come clean” over plans for workers’ rights

• TUC head demands urgent assurances from ministers in wake of P&O scandal
• Frances O’Grady says the government will “side with bad bosses” if fails to legislate new workplace protections

The TUC has today (Monday) demanded the government “come clean” over its plans for workers’ rights.

Reports over the weekend claim that ministers are going to drop the long-awaited employment bill from next month’s Queen’s Speech.

This would be the second year in succession that legislation to enhance workplace protections has been shelved – despite repeated government promises that an employment bill would be forthcoming.

Writing to Business Secretary Kwasi Kwarteng, TUC General Secretary Frances O’Grady warned today:

“If the government ditches the employment bill it will be sending a green light to rogue employers to treat staff like disposable labour.

“After the scandalous events at P&O, which have exposed gaping holes in UK employment law, the need for new legislation has never been clearer or more urgent.

“There is no excuse for delay. If the government breaks its promise to enhance workers’ rights working people will have been conned and betrayed.

“It’s vital ministers come clean about their plans. In the wake of P&O the government can stand on the side of workers and legislate new protections. Or it can side with bad bosses and abandon its long overdue employment bill.

“But let’s be crystal clear – without new laws to protect people at work there is nothing stopping P&O type scandals from happening again in the future.

“And the use of exploitative practices like fire and rehire and zero-hours contracts will continue to soar.

“Tinkering around the edges with feeble statutory codes is not going to rein in unscrupulous employers. We need proper legislation for that.”

The union body highlighted how the government has given repeated assurances that it would legislate new workplace protections:

• In May 2019 the government said it would bring forward the employment bill to “protect and enhance workers’ rights as the UK leaves the EU, making Britain the best place in the world to work.”
• In December 2019 a spokesman for the Prime Minister insisted that the promises on workers’ rights will be contained in a new employment bill.
• In May 2021, business minister Paul Scully spoke of his and the Secretary of State’s “absolute commitment” to an employment bill.
• In June 2021, minister Paul Scully reaffirmed the government’s commitment to “bring the Employment Bill through”.
• In June 2021 the government promised it would ‘take action against big brands that turn a blind eye to labour abuses‘ in a press release that announced the establishment of a single enforcement agency.
• In September 2021 the government promised to ‘tackle shameful tipping practices and ensure all tips go to workers’ – again through new legislation.

The TUC says urgent action is needed to tackle Britain’s “insecure work epidemic”.

The union body estimates that one in nine workers – or 3.6 million people – are in insecure work including more than 1 million on zero-hours contracts.

And separate TUC research has revealed that the size of the gig economy workforce in England and Wales has almost tripled in the past five years.

In the notes to the 2019 Queen’s Speech, the government said it would bring forward the employment bill to:

• Protect and enhance workers’ rights as the UK leaves the EU, making Britain the best place in the world to work.
• Promote fairness in the workplace, striking the right balance between the flexibility that the economy needs and the security that workers deserve.
• Strengthen workers’ ability to get redress for poor treatment by creating a new, single enforcement body.
• Offer greater protections for workers by prioritising fairness in the workplace, and introducing better support for working families.
• Build on existing employment law with measures that protect those in low-paid work and the gig economy.

– In December 2019 a spokesman for the Prime Minister insisted that the promises on workers’ rights will be contained in a new employment bill. He said: “The manifesto on which he won a majority made clear that that would be done in parallel to the Withdrawal Agreement and the issue will be dealt with in its own legislation.

“Once Brexit is done, we will continue to lead the way and set a high standard, building on existing employment law with measures which protect those in low paid work. This is on top of the largest upgrade to workers’ rights in a generation that the Government is bringing forward.”

A senior government official said: “The Prime Minister won’t be doing anything at all that downgrades workers’ rights. He is going to be enhancing workers’ rights. He will be doing nothing to diminish them.”

– In May 2021, minister Paul Scully spoke of his and the Secretary of State’s “absolute commitment” to an employment bill. He said “The Secretary of State and I believe that workers’ rights should be enhanced and protected, so we are absolutely committed to bringing forward an employment Bill that will help us to build back better and to protect vulnerable workers, delivering on our ambition to make the UK the best place in the world in which to work and grow a business. While we are waiting for the employment Bill to come forward in parliamentary time, we will continue in that way”.

– In June 2021, minister Paul Scully reaffirmed the government’s commitment to an employment bill. He said “we will be working throughout the next few months to make sure, when we have parliamentary time to bring the Employment Bill through and create the single employment body, that the guidance will be there and the prep work will have been done.”

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Unions demand business secretary names a date for an employment bill in wake of P&O scandal

22 Mar 2022: Trade unions are demanding the business secretary names a date for the government’s long-overdue employment bill in the wake of the P&O Ferries scandal.

General secretaries from the TUC and more than thirty affiliate unions including RMT, Nautilus, Unite, Unison and GMB have written to Kwasi Kwarteng, calling on the government to strengthen employment legislation and make sure the P&O scandal is never allowed to happen again.

The government first promised an employment bill more than two years ago, which was supposed to boost workers’ rights and make Britain the best place to work in the world.

The TUC says that while P&O Ferries’ actions appear to be unlawful, these events show that UK employment law urgently needs strengthening to properly protect workers from unfair dismissal and penalise bad employers.

In the letter, the trade unions are scalding about “the callous, illegal and pre-meditated firing of 800 workers by P&O Ferries”.

The unions go on to say that this “marks a new low point in UK industrial relations – and shows once again the weakness of our employment law framework in protecting working people”.  

In addition to an employment bill to strengthen protections for workers, the general secretaries call on government to demand the immediate reinstatement of all sacked P&O staff with no loss of pay.

They say it is vital “the government now takes all steps without delay to ensure that these workers are reinstated and bring forward emergency legislation if that is required” – and demand the suspension of “any government support for the company or its parent, DP World, to secure this.”

Fire and rehire style tactics

P&O Ferries used punitive fire and rehire style tactics and exploited many of the same weaknesses in the law, according to the TUC.

The letter criticises the inadequate ministerial response to the rise of fire and rehire tactics during the pandemic, which saw the government publish updated guidance on the use of the practice.

The unions say that this week’s events have exposed the inadequacy of the guidance, which “is the flimsiest of defences against any employer who is determined to treat their workers with contempt”.

TUC General Secretary Frances O’Grady said:

“The prime minister promised to make Britain the best place to work in the world.

“But one of the most shameful moments in the recent history of UK industrial relations has happened on his watch.

“No more excuses. The government must name a date for an employment bill now.

“This scandal has shown the need for strengthened protections for workers – rogue employers need to know they can’t get away with treating staff like disposable labour.

On the urgent need to reinstate sacked P&O staff, O’Grady added:

“P&O has acted appallingly. The company must reinstate its sacked staff without delay, and with no loss of pay – or face serious consequences.”