Osborne's "employee-owner" plan is Beecroft through the back-door

Remember "fire-at-will"? It's back! In co-op form!

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. 

The Old Street roundabout, an area full of tech startups hoping to benefit from Osborne's scheme. Photograph: Getty Images

Alex Hern is a technology reporter for the Guardian. He was formerly staff writer at the New Statesman. You should follow Alex on Twitter.

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There's something missing from our counter-terrorism debate

The policy reckoning that occured after the 2005 terrorist attacks did not happen after the one in 2016. 

“Once the rockets are up, who cares where they come down? That's not my department, says Wernher von Braun.” That satirical lyric about Nazi rocket scientists has come to mind more than few times watching various tech giants give testimony in front of the Home Affairs Select Committee, one of the underreported sub-plots of life at Westminster.

During their ongoing inquiry into hate crime in the United Kingdom, committee chair Yvette Cooper has found a staggering amount of hate speech being circulated freely on the largest and most profitable social media platform. Seperately, an ongoing investigation by the Times has uncovered how advertising revenue from Google and YouTube makes its way straight into the coffers of extremist groups, ranging from Islamist extremists to white supremacists and anti-Semites.

One of the many remarkable aspects of the inquiry has been the von Braunesque reaction by the movers and shakers at these tech companies. Once the ad revenue is handed out, who cares what it pays for? That’s not my department is the overwhelming message of much of the testimony.

The problem gains an added urgency now that the perpetrator of the Westminster attacks has been named as Khalid Masood, a British-born 52-year-old with a string of petty convictions across two decades from 1982 to 2002. He is of the same generation and profile as Thomas Mair, the white supremacist behind the last act of domestic terrorism on British shores, though Mair’s online radicalisation occurred on far-right websites, while Masood instead mimicked the methods of Isis attacks on the continent.  Despite that, both fitted many of the classic profiles of a “lone wolf” attack, although my colleague Amelia explains well why that term is increasingly outmoded.

One thing that some civil servants have observed is that it is relatively easy to get MPs to understand anti-terror measures based around either a form of electronic communication they use themselves – like text messaging or email, for instance – or a physical place which they might have in their own constituencies. But legislation has been sluggish in getting to grips with radicalisation online and slow at cutting off funding sources.

As I’ve written before, though there  are important differences between these two ideologies, the radicalisation journey is similar and tends to have the same staging posts: petty criminality, a drift from the fringes of respectable Internet sub-cultures to extremist websites, and finally violence.  We don’t yet know how closely Masood’s journey follows that pattern – but what is clear is that the policy rethink about British counter-terror after the July bombings in 2005 has yet to have an equivalent echo online. The success of that approach is shown in that these attacks are largely thwarted in the United Kingdom. But what needs to happen is a realisation that what happens when the rockets come down is very much the department of the world’s communication companies. 

Stephen Bush is special correspondent at the New Statesman. His daily briefing, Morning Call, provides a quick and essential guide to British politics.