The last Labour government made significant advances in terms of employment protection. From the adoption of the Working Time Directive to the statutory right to be accompanied at grievance and disciplinary hearings, there was much to be commended. There was more protection against discrimination and the introduction of the right to request flexible working encouraged many parents to achieve a better work-life balance.
To my mind, the workplace reforms did not go far enough; it is still far easier and cheaper for employers to implement redundancies than for most of our competitors, and the right to request flexible working is still just a right to request, with employers given considerable latitude to refuse. Unfair dismissal laws are still weighted in favour of the employer and exploitative practices still exist. And of course many in the trade union movement would argue that the focus was on individual rights rather than collective ones.
The last Labour government in its quest to appear pro-business often seemed to underplay the significant workplace reforms that it implemented. Some of those advances such as the minimum wage appear to be accepted even by most Tories as part of the established political landscape, but many others have already been attacked or are under threat.
The Tory approach to employment protection is best characterised by the Beecroft report which has so far not been implemented but remains in David Cameron’s intray. Venture capitalist Adrian Beecroft’s essential argument is that employment rights are ‘red tape’ and we are better off with a ‘no fault dismissal’ regime where employers can hire and fire at will with no recourse for those dismissed. Of course, for anyone now employed for less than two years they are already in that situation and the government’s recent changes to the tribunal system and the introduction of fees mean that workplace justice is ever harder to achieve. We are slowly moving to a system with no workplace protection at all.
There is nothing to be gained by trying to match Tory rhetoric on this. I believe that most people consider decent workplace rights a fundamental part of a prosperous and civilised society but that for too long the march of globalisation has led to a deterioration in that protection. The recent interest in zero-hours contracts and the successful industrial action by members of the Bakers’ Union in Wigan against their use shows that what people are hoping for is a government that will say not only will we stamp out the most exploitative employment practices but that we will look to create an environment where job security and workplace rights are seen as an essential part of the recovery.
The recent positive reaction from the business community to Ed Miliband’s proposals on the living wage show that it is possible to advance the interests of the employee without appearing anti-business. This must be the start, though, and not every proposal to enhance workplace protection will be welcomed by employers. They will be welcomed, however, by the vast majority of people in this country who I believe would be positively enthusiastic about a comprehensive set of reforms. Stronger protection against unfair dismissal, restrictions on the use of zero-hours contracts, an end to tribunal fees, a greater role for trade unions as workplace representatives, and an end to the ease by which employers can change terms and conditions are just some of the proposals that could be included.
There is an opportunity here to deliver reform that would genuinely deliver social justice and also be a vote-winner. Let us hope we are brave enough to take it.
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Justin Madders is leader of the Labour group on Cheshire West and Chester council
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