Osborne's "employee-owner" plan is Beecroft through the back-door
Remember "fire-at-will"? It's back! In co-op form!
By Alex Hern Published 08 October 2012 15:37
George Osborne's plans for an "employee-owner" scheme, announced today, may sound familiar to people who care about employee protections. That's because we've heard much of it before, when it was announced by Tory donor and venture capitalist Adrian Beecroft.
The plan is described by the Treasury as a "new type of contract":
Employees will be given between £2,000 and £50,000 of shares that are exempt from capital gains tax. In exchange, they will give up their UK rights on unfair dismissal, redundancy, and the right to request flexible working and time off for training, and will be required provide 16 weeks’ notice of a firm date of return from maternity leave, instead of the usual 8.
Crucially, while the status is optional "for existing employees", any company can chose to offer only that type of contract for new hires.
In other words, for the princely sum of £2,000 of equity, companies can completely and permanently buy out their employee's protections again unfair dismissal and redundancy, and their rights to flexible working and time off for training, as well as severely curtailing their maternity leave flexibility.
The last time we heard changes to employment law of this magnitude was the publication of the Beecroft report, the raft of employment law reforms suggested in May this year. The report, when published (ahead of schedule, due to leaks), was ridiculed for the complete lack of evidence to support its assertions. Clive Hollick, the co-founder of IPPR, wrote that Beecroft had told him his recommendations were "hearsay", based only on what he had been told, while Helen Lewis spotted that "the words “I” or “my” appear 20 times in 16 pages, while the words “research” or “studies” don’t feature at all."
Shortly after, many of the proposals suggested by Beecroft were implemented by Vince Cable – but not, notably, the fire-at-will provisions, which were blocked by the Liberal Democrats, with Cable saying he was opposed to the "ideological zealots who want to encourage British firms to fire at will".
Five months on, and the proposal is back on the cards. But this time, the government wants the public to think that employers aren't getting something for nothing. Whereas a switch to everyone's employment rights looks rather nasty, a negotiated switch between employers and employees is much fairer. And being paid £2,000 for your rights looks like a downright good deal.
Except it's not. Even if the £2,000 was in cash, upfront, and negotiable, it would still be a comparatively small amount (it is, for instance, less than four week's wage at the median full-time salary, although it stretches further due to its tax-free nature). And the provisions contain a number of measures which make it even more preferable for employers, and less for employees.
The minimum value of the shares required to be given is £2,000, but there is a nasty hidden in that. The Treasury writes:
The Government consultation on the owner-employee contract will include the details of restrictions on forfeiture provisions to ensure that if an owner-employee leaves or is dismissed, the company is not able simply to take the shares back but is able to buy them back at a reasonable price.
The £2,000 in shares the employee holds may be bought back "at a reasonable price" if the company decides to dismiss them. For non-listed companies (precisely the "fast growing small and medium sized companies" at which the initiative is aimed), this price will be extremely hard to determine. And if an employee thinks they've been short-changed, their only option is to take their employer to court; always tricky for someone without a job, and trickier still if the Government's plan to introduce fees for employment tribunals goes ahead.
The new rules are an attempt to introduce Beecroft back in through the back door. For £2k, you will be expected to sell your rights. No wonder Beecroft wrote:
This is a creative and exciting version of proposals that I made in my report.
There is, though, one last twist to the story. Dan Davies, of Crooked Timber, has been tweeting about the other implication of offering up to £50,000 shares tax free: if you're thinking of starting up a private firm, it could let you get away with not paying much tax at all.
The founders of a company rarely need much employee protection; and since they are also the ones who choose how much the shares are "worth", it might be extremely easy to end up owning large proportions of a new company with permanent tax-free status. A similar dodge was used by Mitt Romney; his retirement savings, which could only accept $450,000 in nominal shares during his years at Bain Capital, are now worth over $21m. When you say how much a company is worth, limits don't count for much.
Osborne's crafted a plan which, at a stroke, gives employers the ability to dodge tax on their companies, while dodging the responsibilities they have for towards their employees. It's almost impressive.
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11 comments
I am the founder of the National Center for Employee Ownership in the U.S., where broad-based employee ownership plans are very common. I obviously think employee ownership (done correctly) is a great idea, but I think the Osborne proposal is just awful. No rational person should give up employment rights to get a capital gains tax break on several thousand pounds.
'Get shares and become owners of the company you work for. Owners, workers, and the taxman, all in it together. Workers of the world unite', Osbourne, G. (2012) - Oh please, had you actually been a proper worker, Mr. O, then you would know what you are talking about. You obvioulsly have no clue what job security and worker's rights actually mean to individuals in industry - when you have supported your familiy for twenty years AS A WORKER, then you can talk.
It seems astonishing that despite all the economic advice you were given, you opted for such a theoretical and autocratic model, or shall we say: weak.
Some things can't be commidifed as their value is more than monetary. Workers rights are not for sale. On what planet would this seem like a good idea? I'm sure there is some fascist dystopia framed in Gideon's mind where all this is fine. Wake up posh biy it really, really isn't!
*posh boy
And the LibDems.
and that's all I need to do.
"Workers can have ownership or rights, but not both."
So says the Coalition.
The alternative to this piece of pernicious nonsense could not be more obvious.
Ed Miliband and Jon Cruddas, over to you.
this will particularly suit tech start-ups. the US has a long term approach to nurturing start-ups through venture capital, where potential is realised in the long term. Even failure along the way to greatness is accepted and expected creating great companies like Facebook, Tesla etc. A great culture has developed with concepts like MVP minimum viable product and lean start-ups creating an amazing eco-system. I can see this appealing to that sector in particular.
You are basically transferring financial risk from the VC to the employee.
The ethics of that aren't even dubious. They are shameful.
You are David Brent and I claim my £5. All the empty 'MBA in 10 days' buzz-words: 'nurturing', 'greatness', 'great companies', 'great culture', 'lean', 'amazing'...
I really can't see this working at all;
1. An Employee must be able to demand statutory workers rights - an employer cannot coerce them into giving them up.
2. EU Law will conflict with any UK legislation
3. Small employers won't be able to afford the overheads of running such a scheme
4. Employers that did adopt it would be subject to the kind of exposure the tesco/workfare issue from earlier this year
5. Its not financially attractive to the employee, and will likely require waiting 3 yrs before the shares are worth anything at all
And most importantly;
IT WON'T AFFECT GROWTH IN THE ECONOMY -- THE ISSUES ARE DEMAND SIDE NOT SUPPLY SIDE
I totally agree