The battle to protect workers' rights is only beginning
The Lib Dems' intention to block the worst of the Beecroft report does not diminish the urgency of t
By Rowenna Davis Published 26 May 2012 12:00
Claudia sits in the sunshine after work. Sitting in jean shorts and covered in freckles, she doesn’t look much past her teens, but she’s been working as a cleaner at St Georges University for over a year. Her cleaning company Ocean recently told her she’d be doing the same job on fewer hours, cutting her wages with just a few weeks notice and laying several people off. If the government goes ahead with new proposals to change employment rights, things are going to get a whole lot harder.
“I don’t really know how the process works,” Claudia smiles shyly, “No one ever told me I had rights.”
Claudia hasn’t heard of the government’s Beecroft report, but you can bet her employers have. The venture capitalist and Tory donor’s fifteen-page report calls on the government to rip up historic protections for British workers. The most controversial proposal gives bosses the power to be able to fire “without giving a reason”. But that's not the only joy. The report also wants to cut the amount of notice a company has to give before laying off large numbers of staff by two thirds, and scrap equal rights for agency workers working over twelve weeks. Staff could also face new unaffordable fees for employment tribunals.
The entire report says more about power than it does about economics. If this was just about improving labour market flexibility, we’d be having a conversation about how to remove people who are incompetent from the top as well as the bottom. But it will always be people like Claudia with fewer qualifications, less literacy, worse resources and lower political clout that take the hit. The financial crisis might have been caused by people with power, but very few faced dismissal as a result. Beecroft will never know what it feels like to fall to the very bottom, and a worker like Claudia will never know what it’s like to influence employment law.
“It seems that day by day the law is furthering rich people,” says Alberto Durango, a cleaner from the IWW union who is helping organise the cleaners in St Georges, “We are like products for a company trying to reduce costs. They are firing people and reducing the conditions of people who have been working for them for years and years… with no unfair dismissal that would be much easier.”
Nor does Beecroft’s report seem to be based on evidence. It’s a struggle to find any facts or figures in the unreferenced document, which often seems to speak more from prejudice than intelligence. Certainly when I talk to the small businesses in my ward, I have never heard the inability to fire people raised as a problem. The complaint is not that there are too many staff serving, but that there are too few customers in the shop buying. The deputy prime minister says that Britain already has one of the most flexible labour markets in Europe. Take away job security at a time like this, and people are likely to cut back spending even more.
The left needs to tell a different economic story. To do that honestly, we must look at long-term reform as well as short term spending. Some of Beecroft’s proposals make sense – asking workers to make an affordable contribution to employment tribunals, taking serious action to help both sides resolve disputes faster with time limits – but we need alternative proposals too. Germany might offer some inspiration. There, greater engagement with workers helped negotiate shared hours down with far fewer redundancies. Worker representation on the boards of companies helps hold bosses to account as well as employees. The Rhineland could teach us more about the kind of capitalism we want than the USA.
Right now the left isn’t taking Beecroft's report too seriously because the Lib Dems don’t support it and it wasn’t in the Coalition agreement. But the pressure to implement this reform will grow. Tory backbenchers and party funders are desperate for growth, and as long as they’re not prepared to invest their way out of the recession, this is the only option they can see - even if it doesn’t have an evidence base. The worse the economy does, the louder the clamour will get. For the sake of economics as well as the livelihoods of people like Claudia, the left should be ready to take on the fight.
Latest tweets
More from New Statesman
- Online writers:
- Steven Baxter
- Rowenna Davis
- David Allen Green
- Mehdi Hasan
- Nelson Jones
- Gavin Kelly
- Helen Lewis
- Laurie Penny
- The V Spot
- Alex Hern
- Martha Gill
- Alan White
- Samira Shackle
- Alex Andreou
- Nicky Woolf in America
- Bim Adewunmi
- Glosswitch
- Kate Mossman on pop
- Ryan Gilbey on Film
- Martin Robbins
- Rafael Behr
- Eleanor Margolis
- Tools and services:
- Polls
- Predictions
- Archive
- Magazine
- PDF edition
- RSS feeds
- Advertising
- Subscribe
- Special supplements
- Stockists





















34 comments
magician3all
arabonly
anime3as
animok3a
delegnt3a
mexaty3a
animeta7a
mexaty3a
animes3t
mexa2at
3arb-anime
anim5k
albrqn3t
mexat3an
top3film
z7may
z7mhat
ta7ata
animeyate
mnhosat
mokmsyat
animeca3fe
mazaryte
animeyzo
animesnipat
anime-bnatc
banatm5dern
star5at
monaystat
mal7zat
zol7at
kol7at
animoyat
foxyat
maz7kat
3solaty
kool7at
ta7oy
mal7oy
zalyta
ma7aryat
sokolat
barn7ty
tey5at
d5olat
caloyat
anim3snipe
sadt3ars
animeonlye
nsf7
3solat
mnoms
magicians4all
animexyt
mexyt
delegnet
Everyone has anecdotes about recalcitrant workers and serial tribuneral jockeys but the truth of the matter is that if you follow a fairly simple procedure it is not all that hard to sack a bad worker. And those people comprise only a miniscule minority of the workforce. Beecroft is a corporate arse - even some tories are saying his report was infantile, badly thought out and semi-illiterate.
These are simply political tactics - scare the shit out of people with a monsterous suggestion with no real chance of getting through in the hope that they will accept the much watered down but still unpalatable version you actually wanted.
When I were a lad I had it tough. Broken home, foster parents, social workers etc. I left school with very little in the way of exams, and importantly no english or maths qualifications at all.
My first job was packing unsold newspapers into skips.
My second was shovelling soil “from a pile over here to a pile over there”
The third job was for a large blue chip multinational as a product tester. As they developed new products they’d go to a local agency, grab as many people as they needed for that test. This was just before agency workers had any rights or protection at all, we were the ultimate flexible workforce. We cost nothing to take on beyond an hourly rate and nothing to get rid off.
Anyway, although I didn’t have any qualifications I was bright and enusiastic and stood out from many of the other testers. In a month or so the design engineers would specifically ask for me if they wanted to do a special test, or needed someone to do something a bit more complicated. Within a year I was a permanent employee working in a technical role for one the worlds major IT companies. They later paid me a fulltime wage to go to university. They gave me a new life.
If I was starting out today I would never get that opportunity, I’d never have got past the hurdles to getting workers in the workplace, that companies have to use becuase of the liabilities that employing somebody bring.
Employers are desperate to find good workers, if you show a good attitude, enthusiasm for everything you do, there will always be an opportunity, but you need to be employee to get that chance to stand out.
Strongly agree Des, but when I look into the cases of "bad workers" it is not uncommon to find that they haven't been trained to do the particular task of which they are meant to be doing, and/or which is now becoming more common, they are suffering from anxiety or stress brought on by that or those particular employers.
@MCMAC
No, I thought dad's army was quite funny, besides it's your picture.
@MCMAC
Could you give me one example of where whiplash has been the subject of an employment tribunal?
Jesus...No.
But look up from this post and I can give an example of a moron.
Have you given up? Or have you simply reduced your discussion to name calling?
Pulling out of the world slowest and most half-hearted internet spat? Think again.
How many employee disciplinary process have you managed?
BTW, congrats on finding the reply button.
I take it that your answer is no then?
Many.
Not a problem dear.
Now then my dear, could you perhaps bring yourself to answering the question I asked previously?
I'm sure the readers of this page would love to know which tribunal case(s) you refer too. A good place to start don't you think?
I await your next insipid illusionary reply.
The whiplash question?
I wasn't saying employment tribunals are stuffed full of whiplash claiments. I using it as an example of another system that has become overun with undeserving claiments.
...and why don't you believe my original story? That was one of the run of the mill, everyday cases. I can't tell of the more outlandish ones, because they're too specific.
I don't believe your original story nor the "when I was a lad" story either. You might make a few quid writing for a bread company.
Right so where are we now? You've given a "run of the mill" story and you can't tell me of any outlandish stories because of their simplicity, so in short you have given us your undivided opinion of an issue of which you are now telling me you know nothing about.
Sounds about right for someone who wishes to look down on those trying to earn a sustainable income.
I give in.
You're right. I clearly know nothing about the effect of employment law and it's effect on SMEs. I don't live in the real world. Everything I've said is made up, I'm actually independently wealthy, living off the family fortune gained during the 1970's from selling migrant workers to Arab states. Slavery is such an ugly word, don't you think?
"I give in."
Thought you might.
"You're right."
I know.
"I clearly know nothing about the effect of employment law and it's effect on SMEs."
You don't say!
"I don't live in the real world."
Only your blinkered world.
"Everything I've said is made up,"
I know.
"I'm actually independently wealthy,"
No your not, you just a creature of habit.
"living off the family fortune gained during the 1970's."
Your at it again.
"from selling migrant workers to Arab states."
See what I mean?
"Slavery is such an ugly word,"
Your former statements if implemented would bring those circumstances even more closer for some.
"don't you think?"
Yes, I believe that's what makes some of us humane.
@MCMAC
Not for a minute do I believe your anecdote. If you don't like it then leave! That's the real world and not that little security bubble that people like yourself live in.
You don't belive that employment tribunuals are stuffed with free loaders? Do tell what experience you have in this area. No doubt you think every claim for 'whiplash' in the UK is genuine too?
Amazes me that people still think that the left are serious about championing the poor and the working classes. Don't make me laugh!
The Labour Party burned its bridges with the working classes years ago and turned into a snobby PC obsessed authoritarian monster.
F*ck the left, f*ck the right ... f*ck em all.
I wonderhow many on the left who rechon to "champion the poor and the working classes" have actually carried out manual labour? What get's me is that very few have the experiance of say Keir Hardy yet many have the experience of well to be honest, they don't have experiance of any kind of work.So I agree TSS, f*ck em all untill we can have experianced workers representing workers and those who have experienced poverty representing the poor and needy.
Here’s another view.
Had a new starter 8 weeks ago. She’s on the standard 3 month ‘probation’ and obviously doesn’t get some employee rights til she’s been with us a year.
A couple weeks in she starts going sick 2 day’s one week, then one day, then three days etc. When she’s is in she doesn’t do much. We follow the very prescriptive HR policy, that we have to use to try and avoid tribunal payouts. Write to her, ask her to attend a meeting, she doesn’t show up, letters to her doctor etc etc. It takes up a stupid amount of resource to manage what should be a 10 second conversation followed by a short walk to the exit. After refusing to respond to various requests for meetings, phone calls, she sent a solicitors letter explaining that she’s resigned due to stress and is seeking damages due to sex discrimination.
This isn’t an isolated event. In our company of around 800 employees there are cases like this every week. Every bloody week. We’ve had to employ fulltime legal rep to deal with tribunals, 9 out of 10 cases are thrown out as having no merit what so ever, but that’s still £5-10k a pop to fight the cases. The system is completely clogged with chancers, freeloaders and the insane. What’s really depressing is the black guys always claim racial discrimination, the women always claim sexual discrimination, the gay guys always claim…etc. And you know the whole thing has everything to do with the magic phrase “potential unlimited damages in cases of discrimination” and absolutely nothing to do with improving discrimination in the workplace.
The truth is the ‘workers’ have pissed away their rights on a tidal wave of freeloading claims and I’m personally sick of wasting time and effort in jumping through evermore onerous hoops to protect the emploment rights of people who never had any intention of working in the first place.
Oh, and the answer.
Keep the spirit of the law, keep the redundancy rights and the length of redundancy ‘consultation’. Keep laws regarding maternity protection, scrap everything else.
Remove the endlessly growing detailed list of what has to happen inside disciplinary / redundancy process. None of it makes any actual differences, it just adds opportunities for a hard pressed employer to make a technical fault, and expands the number of people in companies HR and legal departments ticking boxes for other lawyers to look at.
Remove all employee right for the first 12 weeks. If you can’t turn up and do a decent day’s work in a new job the employer should have absolute right to fire your arse with out the depressingly inevitable sex discrimination claim.
AND employers should be protected from serial litigants.
We have a local UKIP councillor, who actually tweets that strikers, particularly, public sector should be sacked, and strikers "starved back to work", he sounds like the nastiest type of early Victorian Tory capitalist.Imagine if he had responsibility for employees in a "Beecroft World"...
Fifty years ago hippies used to say SHIT HAPPENS and I read in the Times that one of Camerons gurus thinks he has invented this phenomenon. He also thinks we need to relax labour laws and recreate the spirit of the industrial revolution with more capitalist adventurers. Interesting how the role of labour and working people is not considered in his perspective- se old recipe for class divisions and dreary inequalities but then again he made £10m playing the markets so perhaps his snout has clouded his judgment. It is the labour of the working billions which creates the wealth and makes societies work and the surplus is expropriated by the rich & powerful - this fundamental is still true . We need entrepreneurs in the broadest sense and not the narrow right wing one - ones who put humanity first as consulters, innvators, team players, communicators, people who think outside the box and I would add -faciltators. We need a new spirit of workplace democracy and ideally decentralised public social enterprises with staff electing boards (and a shorter working week so people can enjoy life). Sadly the m class are generally socialised to vote Tory and their prejudices are fed by the right wing media - the w class is socialised to vote Labour but at least we are on the side of the oppressed and of course is also a progressive m class. Get rid of deficit by closing tax loopholes rich and winfall taxes big business, as John Lennon wrote 'You better give them what they really own. Have decentralised power North, South, East, West parliaments -MPs share time region and Westminster. It,s Cameron's POWER TO THE PROFITEERS or our POWER TO THE PEOPLE!
I'm afraid Mr Tatlock is absolutely right
I just don't understand why any working class person would ever vote Tory ?
Its like turkeys voting for Christmas
The Tory party "is" the political wing of big business.
Some of the working class vote Tory because they see no other alternative. I've known quite a few workers who were given the opportunity to buy their own coucil property. This suddenly transformed their politics aswell. I always belived that the reason for this was that Thatcher had given them the opportunity of being home owners as opposed to rent payers.
What they hadn't realised is that interest rates go up aswell as down and maintenance costs can work out to be very expensive.
I've returned to see these people and notice that some of the properties are for sale, others have said that it's the best thing they've done. Quite a number of other stories fall between the two.
A small percentage of these people have fallen onto harder times what with redundancies etc.
What I can't understand is why the council don't have the opportunity to buy these properties back when times become difficult for the householder.
A debate to be had I'm sure!
Everything that is good in this country came from the activities of the Left. Those who believe in the philosophy of BLACTA ( boot lickers and cap touchers association) should take themselves off to the USA where they will be welcome to join those who live on food handouts , those who live under bridges and in drainpipes and who have no medical insurance at all. Those who think this is not a regular occurence in the States should do some research. The Beecroft proposals will be resisted ,in some cases to the death.
@tatlock - "... the left couldn't care less about British workers. They tried to replace the lowest tier of workers with a bunch of Mirpuri bumpkins to keep wages down."
Er, that'll be the Blair/Brown government you're talking about, I suppose. Who were about as left wing as Alan Sugar's pointy finger.
As for Beecroft and the corporate hunger for absolute power over the workforce (who delight in pompous calls for running the UK as if it were a business) - I want to live in a democracy, not inside a business model.
There should be more articles like this on the NS. We should constantly ridicule those at the top who think that decency, justice, and morality are nasty words. Give the worker a louder voice if we live in a democracy and let these bullying employers face the tribunals.
I don't think either the liebores or limp dems will bring about these ideals though which is why the tory whimps get away with what they do.
Good article
Get Health & Safety off our backs. Ignore Brussels' edicts. Give back the British entrepreneurs the playing field they enjoyed in the '70's. Control the import/export margin. Bring back British manufacturing. Let's start eating home grown produce again. Buy less tat. Invest in quality.
I have met people with industrial injuries, some dreadful. H&S is needed.
"For the sake of economics as well as the livelihoods of people like Claudia, the left should be ready to take on the fight."
Don't make me laugh, the left couldn't care less about British workers. They tried to replace the lowest tier of workers with a bunch of Mirpuri bumpkins to keep wages down.
You know, the ones who think British children are easy sexual prey...
I agree with your first sentence.
They tried to keep wages down by allowing employers to tear up contracts which is still ongoing.
I don't think that you should speak of the catholic church in such a way. I'm sure our impartial, bribe taking,phone hacking, kettling, Police force will sort out those clerics.