Why a workers’ pledge is essential to enhance workplace rights

This post is written by Hugh Lanning and Steve Cavalier

As Chuka Umunna said at last week’s TUC: “We have fought to defend people’s rights and voice in opposition but these rights are only meaningful if you can get proper redress. The current employment tribunal system is unfair, unsustainable and has resulted in prohibitive costs locking people out of the justice they are entitled to.”

Chuka went on to commit that “the next Labour Government will abolish the current system, reform the employment tribunals and put in place a new system which ensures all workers have proper access to justice.”

This must mean the abolition of Employment Tribunal fees. It must mean a system which ensures all workers have access to justice to enforce their rights and get proper redress.

But we must go further than that. More is needed to tackle unfairness; to restore and update rights at work in order to tackle the corrosive climate of insecurity.

Because insecurity at work is the norm for many British workers. Rights are limited and have been still further eroded by the Tory and Lib Dem government. Economic uncertainty is exacerbated by the lack of legal protection. Far too many workers feel disempowered, disenchanted and disengaged.

That is why we propose a pledge for every worker. Rights at work which are fair, clear, understood and enforced.

Only Labour is committed to enhancing the rights of workers and has a track record of doing so in government. Strong unions must have a central role in a fairer, safer, more secure workplace. A Labour government must re-balance the workplace relationship so that everyone at work is treated with dignity and respect, producing a more positive and productive working environment which also benefits employers and those who buy their products or use their services, whether in the private or public sector.

This requires workplace rights that are stronger and broader in scope. It must also mean giving workers better information about their rights and access to representation and the means to enforce those rights.

These rights should apply to every person in every workplace, not just those who meet the current legal definition of “employee”. We need to stop employers from trying to get round the law by cooking up arrangements like zero hours contracts or bogus self-employment.

This is why we call for a pledge for every worker in every workplace. A pledge to be handed to every worker when they are taken on. A pledge so that workers and employers know where they stand. A pledge so that workers know how to get help when it is needed.

This pledge would cover six main areas.

PAY – setting out not just the worker’s rate of pay, but also the rates of the national minimum wage and living wage, plus other rates of pay in the same organisation, including those of other workers doing the same job.

LAW – what the worker can legally be expected to do. This would include hours of work and include the protections Labour is committed to introduce on zero hours contracts. Maximum and minimum hours would be specified.

EMPLOYER – the obligation to treat workers decently, including holidays, maternity and paternity, sickness and protection against dismissal, discrimination or unfair treatment.

DIALOGUE – a voice in the workplace, with rights to be informed and consulted on changes at work, plus worker representation.

GUARANTEE – from the government that the pledge will be delivered and honoured by every employer equally for all workers and the right to raise issues without fear of victimisation. Firms who do not comply will be named.

ENFORCEMENT – what workers can do if the pledge is not honoured, including the right of access to an independent trade union to advise and represent, plus the abolition of Employment Tribunal fees.

We believe this workplace pledge provides a framework for Labour to enhance rights at work for every worker in every workplace, unionised or not. A foundation to build upon. Positive changes to individual and collective rights can be built into this framework. Workers will be better informed and empowered, with access to effective trade union representation. Employers will benefit from clarity and a fairer environment, with a level-playing field so that bad employers do not undercut good ones.

We will be launching the pledge at Labour conference at our meeting on Wednesday 24 September at 12.30pm in the Labour List marquee, chaired by Kevin Maguire with contributions from Owen Smith MP, Angela Eagle MP, Lord John Monks, Hugh Lanning and others. We are also grateful for the input of Sarah Veale from TUC and Tim Roache, President of CLASS in producing the pledge.

We hope to see you there to collect your pledge and join in the discussion. Contact us on [email protected].

Hugh Lanning is the Prospective Parliamentary Candidate for Canterbury and Whitstable and Steve Cavalier is the Chief Executive of Thompsons Solicitors