Employment Rights

The debate on Employment Rights, started the day, and dealt with Composite 6  and motions 104-6 pp 73-74 in the final agenda document.  The debate is published on youtube. I have clipped the whole debate so that you can see/hear the  CEC reply to all four motions.

the platform at gmb26 in the blackpool wintergardens

Composite 6 Employment rights bill is on pp163-164 of the final agenda document. It argues that the compromises necessary to secure passage of the ERA were needed and necessary reforms and that further legislation is needed.

I moved the composite, and my notes for the speech are/were,

President, Congress: Dave Levy London Region moving Composite 6 – Employment Rights and Strengthening More Rights for all Workers

In the CEC political strategy paper yesterday, much was made of the success in getting the Employment Rights Act onto the statute book, and it is a success, but it’s been a long fight and neither the GMB, nor TULO have got all that we asked for.

First, we had to get the demands into Labour’s Green Paper, the “New Deal for Workers”, then the Manifesto, and then after Rayner’s resignation to sustain the position of the Bill within Government, against both business lobbying and their acolytes in the Labour Party and Government.

In addition, we need to recognise the malign influence of the House of Lords, now packed with light weight political apparatchiks who have no respect for the convention that the House of Lords doesn’t block legislation that implements manifesto promises.

We should recognise that solving the latter problem is in the Government’s hands although they are running out of time.

There are things we still need:

Strike ballots still need 50% turnouts, and while notice has been reduced, its still there and the role of e-voting is still not what we want or need.

Not all the Tory anti-union/anti-strike laws have been repealed.

They do not have a satisfactory answer to single worker status, nor to zero hour contracts.

The Equal Pay provisions have also been delayed.

We never thought it would be easy but  I thought once it was in the manifesto, we would get it right, but there is more to do.

The CEC will suggest that we don’t need a second act, but primary legislation needs to be repealed, secondary legislation is much easier to reverse and the way things are the odds of a Labour led 2nd administration don’t look good.

We need the whole deal, together with an increased minimum wage and a better SSP policy.

We should aspire that the UK is beacon to the world for trade union rights.

Please support the composite.

Since M104 on Bullying, came from my delegation, I was expecting it. I consider this a  very important development of GMB policy. It’s a massive loophole that if you are bullied because of a protected characteristic, you can seek remedy in an industrial tribunal, but not if you are bullied by an equal opportunity bully. The motion text is on  pp73-74 of the final agenda document

This was followed by M106 on 3rd Party Removals. This occurs when an employee of a service provider is accused of some wrong doing, and denied access by the contractor. In these circumstances the accused has no right to a fair due process and their employer is often left with no choice but to remove them from the contract. While the law is that the employer must seek to find them work and role presumably on another contract, often this is not available. There were  two good speeches on this motion, Clive Murton seconding summarises the injustice, The CEC qualification was to my mind very poor on the qualification, the whole point is to create a legal minimum standard with the threat of judicial review to allow site negotiation.

I think these two motions are important developments in GMB policy and I will be checking to see if they make it into the policy book and follow up if not. …

Bye Bye Raab

Bye Bye Raab

Dominic Raab has had to resign from the government, due to an investigation into allegations of bullying having found that there was sufficient evidence to justify an adverse finding. Sorry about the complexity of that sentence, but he has not been found guilty, only that he has a case to answer. There was some question as to whether the Prime Minister, Rishi Sunak would fire him or not. Raab saved him the problem by resigning in an extraordinary, apology free self-justifying resignation letter. There have been two parliamentary responses, the first is that the Liberal Democrats have rightly referred these events the parliamentary commissioner on standards, the second by some Tories that they rewrite the rules governing ministers’ behaviour towards civil servants.

The rest of this article, overleaf, looks what bullying is and the strange absence of its criminality. I also comment on the weakness of the parliamentary response. ...

Priti Patel and bullying

Priti Patel and bullying

The report by Prime Minister’s independent advisor on ministerial standards says she is and has been ever since she became a minister, Boris, after having tried to nobble the report, decides that intent is a relevant factor; it isn’t! The impact on its victims is the sole definitional fact that counts. Anyway, her ex-Permanent Secretary, Sir Philip Ruttnam, denies the mitigating factors and so will continue on his route to court. The investigating officer, the Prime Minister’s ex-independent advisor on ministerial standards, Sir Alex Allan has resigned.

It transpires that despite asking, Sir Alex was denied the opportunity to interview Sir Phillip, on legal grounds 🙄

This is not just about politics; bullying is endemic in London and was the single most common grievance I pursued as a Union rep until the post furlough redundancies. I hope the Civil Service unions take this up. …

Dignity and respect at work

I was writing a motion for GMB Congress on Bullying and came across this, from one of the ACAS codes, as part of the definition,

Everyone should be treated with dignity and respect at work

I thought that maybe there’s a human rights dimension so went to check out the European Convention on Human Rights since we are losing the EU’s Charter of Fundamental Rights which does include it. Nope! ECHR doesn’t! Well done! …