Workers rights for Maternity and the EU

Workers rights for Maternity and the EU

This article is a quote from the TUC’s “UK employment rights and the EU“, it relates to maternity rights and the EU acquis.

The EU Pregnant Workers Directive 1992 led to substantial improvements in the health and safety protections for expectant and new mothers in the workplace. It gave women paid time off for ante-natal appointments and placed duties on employers to assess risks and to adjust working conditions, transfer a pregnant or breastfeeding worker to alternative work or suspend them on paid leave where harm is identified.

While the maternity leave entitlement in the UK already exceeded the EU minimum of 14 weeks when the Directive was implemented, case law from the ECJ has had a positive impact in tackling the disadvantage and discrimination that many women face in the workplace when they become mothers. For example, it made clear that treating a women unfavourably because of pregnancy or maternity leave was direct sex discrimination and that it was not necessary to identify a non-pregnant comparator in similar circumstances to prove discrimination. This ended years of women potentially being defeated in discrimination claims because the employer argued that they would have treated a man who had to take a substantial period out of the workplace in a similar way.

Sex discrimination law in the UK was amended to create a separate category of pregnancy discrimination, which is now defined as unfavourable treatment because of pregnancy or maternity leave in the Equality Act 2010 with no need for any comparison with a non-pregnant employee. This change in UK law was achieved following a case taken against the UK government by the old Equal Opportunities Commission relying on EU law.

ECJ case law has also extended protection from dismissal on grounds of pregnancy or maternity leave to fixed-term workers. And, since 2008, women on additional maternity leave have had access to the same contractual rights as women on ordinary maternity leave as a result of ECJ case law. This means, for example, that employers are obliged to make contributions into occupational pension schemes for longer than the first 26 weeks of leave.

ooOOOoo …

Brexit and workers rights

Brexit and workers rights

Are EU employment protection laws better than the UK’s? This article contains quotes from the TUC, and the Institute of Employment rights detailing the importance of the EU's Charter of Fundamental Rights to employment rights in the UK and the way in which EU law underpins those UK worker's rights, despite recent adverse rulings . Read More ...

Final say!

Yesterday, I went up to London to take part in the March for a people’s vote.

 

Just down the road, Parliament, at it’s extraordinary meeting decided not to approve Johnson’s new deal with its customs border in the Irish Sea and it’s adverse aspirations for partial single market compliance. i.e. we get to keep the restrictions on state aid but not the benefits of free movement and workers rights. This was done by an alliance of views, perhaps most importantly those who felt the deal needed parliamentary scrutiny. As noted by others, he has achieved the rare feat of uniting all forces in Northern Ireland. This meant that Johnson had to send a letter to the European Union asking for an extension, an act he had promised the Scottish Courts that he would do. He said he wouldn’t but then he did, unsigned with a covering letter and a second (or third letter) saying he didn’t want one. I say,

It’s like making a promise with your fingers crossed behind your back.

The government say, they’ll bring the deal back for a vote on Monday, but Parliament can’t vote on the same thing twice in a session; looks like they prorogued too early. Classic Dom. …

Employment protection & Johnson’s deal

On Johnson’s deal with respect to workers rights, the current withdrawal agreement unlike previous one’s makes no commitment to maintain those rights, i.e. those commitments have been removed. The TUC opposes the agreement, particularly on Worker’s Rights but also on its general crapness.

The current fear from some, is that Johnson will get his deal approved by parliament, thus negating/satisfying the Benn Act and then fail to bring the implementation legislation, written but secret, as are the legal text and impact analyses to Parliament and thus crash out on 31st with no deal. Much of the social protection legislation is implemented by SI and would be jeopardised by this manoeuvre i.e. the Law that mandates these rights is EU law.

Lexiters should also note that the withdrawal agreement maintains the state aid restrictions and there will be no Article 50 escape clause. Even Costas Lapavitsas is pointing at these flaws. Any agreement will be a treaty which to exit, would be under WTO treaty terms or the Treaty of Vienna. So much for bringing back control and freeing the country to pursue a socialist programme. …

Where’d the votes go?

Where’d the votes go?

Within the Labour Party, there is a debate about the position to be taken with respect to Brexit due to electoral considerations.

Here is a chart showing the polling results; what interests me is the change of fortune on the 9th May. On the 1st of May, Labour’s NEC refused to change it’s policy of an election before a referendum on remain. At the time, Labour were first in the Polls, two months later, we lost half our MEPs and slipped to 2nd losing between 10 – 15% of our predicted vote share.

 

How accurate are the polls?

Here are three links which talk about the methodologies used by the polling companies, the “House Effects” even tries to quantify the statistical bias in these methods. Fact is some polls favour Labour, some favour the Tories, but non have recently said that Labour is ahead. Sadly my favourite seat predictor at flavible is currently offline, but provided we stay above 25% and the Brexig Party & LibDems overperform, the most liklely result is a Labour minority govenment.

Others have argued that the methodology biases put the polling houses into two classes, neither are owned by the Tories but the bias is clear. Lets hope that those who say that we can still out campaign the Tories are right, but they won’t be as shit as May and we won’t take them by surprise on social media.

We need to remember how most polls got it wrong in 2017 and ‘House Effects’ examines that.

It’s going to be hard.

ooOOOoo

  1. ‘House effects’ and how to read the polling tea leaves…, at Southampton Politics
  2. Latest voting intention and the difference between the polls, at UK Polling Report
  3. A Journalist’s Guide To Opinion Polls at the British Polling Council.

  …

Brexit Ground Rush

Brexit Ground Rush

It’s an exciting day about Brexit, Johnson’s announced a deal, and thumbscrews are out in the House of Commons. Jüncker has declared that if the deal is accepted by the UK Parliament, then we move to a transition on 1st Nov. Farage has kicked off, since it’s not Jüncker, nor the Commission’s call. The EU Council, who’s call it is starts meeting today.

We’re on a demo on Saturday to show that we the people still support remaining in the EU, although we need a government to write the next referendum rules to include all citizens impacted inc. those between 16-18. I also have to repeat that while much heat and noise has been focused on the Irish border, the Citizenship clauses of the withdrawal agreement are unacceptable and have not changed. …

A short rough guide to the world

A short rough guide to the world

It’s a terrible world, the forces of repression are growing and act with impunity and as with Spain in the 30’s a Tory Govt fails to act with honour for human rights and democracy. It does not strongly advocate the weak; it does the opposite.

Solidarity with the Uighers in China, the citizens of Jammu/Kashmir, the citizens of the West Bank & Gaza, the Kurds in North Syria, the independence movement in Catalunya, and the protesters in Hong Kong.

And the United Nations show’s its weakness, my list could be longer, perhaps it’s time to refresh my membership of Amnesty International. …

Which Union

Which Union

A number of people are becoming active in politics and are asking which Union should they join because if a LP member, you must join a Union if eligible and must pay the political levy if the Union has a political fund. Anyway, if at work, it’s a good thing to do, for yourself and for others.

People join Unions because of where they work and who they work for; the principle is that as socialists and trade union militants, we should/must defend industrial unionism. In much of Europe, the Unions are even closer adjuncts of the political parties than in the UK and this is not a good thing.

I describe my rules and offer a web site URL below/overleaf. …