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Richard Dunstan, Social Policy Officer (Employment)

Forced Labour: current issues & debates The likely impact of recent employment law and ET reforms on vulnerable workers in the UK. Richard Dunstan, Social Policy Officer (Employment). Vulnerable workers. Low paid, low skilled Working for a small employer (<50)

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Richard Dunstan, Social Policy Officer (Employment)

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  1. Forced Labour: current issues & debatesThe likely impact of recent employment law and ET reforms on vulnerable workers in the UK Richard Dunstan, Social Policy Officer (Employment)

  2. Vulnerable workers • Low paid, low skilled • Working for a small employer (<50) • Working in a non-unionised workplace • Poor awareness of their rights, and how to enforce them (often exacerbated by language barriers) • Relatively short-term employment

  3. Impact of reforms on VWs • Pay, and job security • Access to advice and support • Routes to enforcement

  4. Pay, and job security • Agricultural workers – abolition of AMW regime, AWBs • Unfair dismissal qualification period = 2 years • Clause 12 of ERR Bill – offer of a compromise (settlement) agreement not admissible as evidence in any subsequent unfair dismissal claim = Beecroft’s compensated no-fault dismissal?

  5. Access to advice and support • Abolition of almost all legal aid for employment advice (and other welfare law) from April 2013 • General squeeze on NFP legal advice sector (CABx and Law Centres) due to cuts in local authority funding • Acas helpline?

  6. Routes to enforcement • Statutory workplace rights enforcement bodies (HMRC, GLA, EASI, HSE) via Pay & Work Rights Helpline • All under-resourced and financially squeezed • Employment Tribunal system

  7. ET system - access • Unfair dismissal qualification period = 2 years • Implemented April 2012 • Acas pre-claim conciliation (cl 7-9 of ERR Bill) • Impact of fees on respondent engagement? • Fees (secondary legislation, forthcoming)

  8. ET fees • Simple claims (unpaid wages, notice pay, holiday pay, breach of contract): £160 + £230 = £390 • All other claims: £250 + £950 = £1,200 • Fees not refunded by State where claim successful • Inadequate & ineffective fee remission scheme?

  9. ET process • Deposit order – maximum doubled to £1,000 • Costs order – maximum doubled to £20,000 • Non-payment of ET awards – no reform

  10. Combined impact of reforms on VWs • Decreased job security and legal protection • Reduced access to legal advice and support • Reduced access to ET system = A Charter for Rogues • Any positives?

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