Download BARSORIS Policy Paper UK

BARSORIS Policy Paper - UK
The project Bargaining for Social Rights at Sectoral Level (BARSORIS) looked at
the regulation of employment of precarious workers at sectoral level in six
countries (UK, Germany, Netherlands, Slovakia, Spain, Italy) and four sectors
(health, construction, industrial cleaning and temporary agency work). Sectors
were identified because they have varying degrees of institutional regulation
(collective bargaining etc.) and different forms of precarious work are common.
The sectors
The first finding is that there is more evidence than expected of regulation of
employment of precarious work across the four sectors in the UK. As expected,
collective regulation in healthcare is relatively high with good representation of
social partners at local, regional and national levels of decision making within
the National Health Service. Social partners have shown a willingness to engage
with issues affecting precarious workers, especially varying levels of training
available to healthcare assistants, exploring opportunities for forms of
‘flexicurity’ and pay levels. Social partners are also well represented at European
level social dialogue forums.
By contrast, industrial cleaning is a sector where representation of employers
and employees is highly fragmented. There are some efforts by unions to
organise across the sector, but these are constrained to particular geographic
areas (notably London) and sub-sectors (e.g. public sector contracts). Employers
are also highly fragmented and do not collectively participate in bargaining. As a
result, although social partners are represented at European level, there is little
evidence of sectoral-level regulation within the UK labour market.
A similar picture is evident in temporary agency work. Despite a small number
of agencies that participate in firm-level bargaining with unions, employers are
highly fragmented and the employer association does not undertake a
bargaining role. Some unions have agreements that extend bargaining to agency
workers within a particular workplace or organisation, but this is rare and
limited to workplaces where unions already have a presence. As a result, there is
no evidence of sector-level regulation.
Construction is marked by serious concerns of both employers and unions with
regard to precarious employment, especially but not only bogus selfemployment and the use of ‘umbrella companies’. There is union representation
within the sector, although membership density is low. Employers have a
number of representative bodies, although none formally engage in sector-level
collective bargaining. Nonetheless, there are sector-level institutions regulating
training and a statutorily underpinned training levy; regulation of which involves
social partners at sectoral level. This provides a mechanism for social partners to
engage with European level sectoral social dialogue and a limited mechanism for
ensuring issues are communicated upwards and downwards.
Policy lessons
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Unsurprisingly, the move away from sectoral regulation, combined with
the decline of trade union representativeness, means that social dialogue
and collective bargaining are relatively weak in the UK.
However, there is evidence that where employers have a strong incentive
to continue to participate in sectoral dialogue, mechanisms for discussion
and bargaining can be sustained.
Where they exist, mechanisms of sectoral social dialogue have a strong
emphasis on issues of job quality and ‘precarious work’ especially around
concerns relating to training, health and safety, and forms of employment
that risk undercutting terms and conditions (e.g. bogus self-employment).
Under extraordinary circumstances, and with political support, unions
have pushed for new regulatory mechanisms such as the Gangmasters’
Licencing Authority in agricultural agency work, and the campaign for the
Living Wage in the cleaning sector. However, these campaigns are often
limited in geographical or (sub)sectoral scope.
There is little evidence that any future government would seek to
strengthen sectoral level regulation or collective bargaining.
However, there is evidence that a future Labour government may reexamine the National Minimum Wage regulations in light of concerns
raised by Living Wage campaigns.
There is also some evidence that a future Labour government may
consider regulating zero-hours contracts, although there would be
challenges formulating appropriate legislation.