Enforcement of workers&apos; rights

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Institute of Employment Rights Journal

Volume 3, Issue 1

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Enforcement of workers' rights

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Publication date (Print): 1 January 2020

Journal: Institute of Employment Rights Journal

Publisher: Pluto Journals

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Journal ID (doi): 10.2307/j50020018

Journal ID (jcode): instemplrighj

Title: Institute of Employment Rights Journal

Publisher: Pluto Journals

ISSN: 2398-1326

ISSN: 2398-1334

Publication date (Print): 1 January 2020

Volume: 3

Issue: 1 ( doiID: 10.13169/instemplrighj.3.issue-1 )

Pages: 107-113

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Publisher ID: instemplrighj.3.1.0107

DOI: 10.13169/instemplrighj.3.1.0107

SO-VID: 80a83cec-55bd-4f70-b1bc-d92beea24eee

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ScienceOpen disciplines: Labor law

Endnotes

UNISON v Lord Chancellor [2017] UKSC 51.
See the CESCR General Comment No. 3 at http://www.refworld.org/docid/4538838e10.html.
See e.g. Articles 2 and 5 of the UN Convention on the Elimination of All Forms of Racial Discrimination; Articles 4, 5 and 13 of the UN Convention on the Rights of Persons with Disabilities.
See e.g. Airey v Ireland (1979) 2 E.H.R.R. 305.
Article 3.
Royal Commission on Trade Unions and Employers' Associations 1965-1968 (Cmnd. 3623), paras 572-3. The Commission also proposed conciliation procedures to take place before tribunal hearings.
See e.g. J. Casebourne et al, Employment Rights at Work — Survey of Employees 2005 (DTI, 2005), finding that 42% of employees had a problem at work in the past five years, only 3% of whom brought an ET case as a result (4-5); R. Fevre et al. Fair Treatment at Work Report: Findings from the 2008 Survey (BIS, 2009), finding 29% of employees had a problem in the last five years with employment rights (63) but only 3% brought an ET claim (135-6).
Fair Treatment at Work, above, p 53.
https://www.ons.gov.uk/employmentand-labourmarket/peopleinwork/earningsand-workinghours/bulletins/lowpay/apr2016.
https://www.gov.uk/government/publications/non-compliance-and-enforcement-of-the-national-minimum-wage-september-2017.
See the research for BIS and EHRC by IFF, Pregnancy and Maternity Related Discrimination and Disadvantage: Experiences of Mothers (2016), at https://www.equalityhumanrights.com/en/managing-pregnancy-and-maternity-workplace/pregnancy-and-maternity-discrimination-research-findings.
See the BIS research in 2013 at https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/253558/bis-13-1270-enforcement-of-tribunal-awards.pdf.
See s. 19- 19H NMWA.
See the National Minimum Wage Act 1998, ss. 31-33 (offence to refuse or wilfully neglect to pay workers less than National Minimum Wage).
Gangmasters (Licensing) Act 2004 and Modern Slavery Act 2015.
Part 2 of the Modern Slavery Act 2015 (prevention orders) and ss. 6-11 of the 2004 Act.
BIS (October 2015) at https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/471048/BIS-15-549-tackling-exploitation-in-the-labour-market.pdf (accessed 11 September 2017).
See e.g. s. 149 Equality Act 2010 and The Equality Act 2010 (Gender Pay Gap Information) Regulations 2017, SI 2017/172.
The current administration is wavering on the matter, shown by the evidence of Dominic Raab to the Justice Committee on 19 December 2017, at http://data.parliament.uk/writtenevidence/committeeevidence.svc/evidencedocument/justice-committee/employment-tribunal-fees/oral/76269.html.
See the ETs Extension of Jurisdiction Order 1994, Article 10.
See s. 114 EqA 2010.
See paras 2.14 and 2.16 of the Thirteenth Programme of Law Reform, at https://s3-eu-west-2.amazonaws.com/lawcom-prod-storage-11jsxou24uy7q/uploads/2017/12/13th-Programme-of-Law-Reform.pdf.
Contrast s. 12A of the Employment Tribunals Act 1996, which is almost irrelevant in practice, resulting in only 18 awards in three years — Answer to Written Question 2414 from Caroline Lucas MP in House of Commons, 3 July 2017, at http://www.parliament.uk/business/publications/written-questions-answers-statements/written-question/Commons/2017-07-03/2414/.

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[1] UNISON v Lord Chancellor [2017] UKSC 51.

[2] See the CESCR General Comment No. 3 at http://www.refworld.org/docid/4538838e10.html.

[3] See e.g. Articles 2 and 5 of the UN Convention on the Elimination of All Forms of Racial Discrimination; Articles 4, 5 and 13 of the UN Convention on the Rights of Persons with Disabilities.

[4] See e.g. Airey v Ireland (1979) 2 E.H.R.R. 305.

[5] Article 3.

[6] Royal Commission on Trade Unions and Employers' Associations 1965-1968 (Cmnd. 3623), paras 572-3. The Commission also proposed conciliation procedures to take place before tribunal hearings.

[7] See e.g. J. Casebourne et al, Employment Rights at Work — Survey of Employees 2005 (DTI, 2005), finding that 42% of employees had a problem at work in the past five years, only 3% of whom brought an ET case as a result (4-5); R. Fevre et al. Fair Treatment at Work Report: Findings from the 2008 Survey (BIS, 2009), finding 29% of employees had a problem in the last five years with employment rights (63) but only 3% brought an ET claim (135-6).

[8] Fair Treatment at Work, above, p 53.

[9] https://www.ons.gov.uk/employmentand-labourmarket/peopleinwork/earningsand-workinghours/bulletins/lowpay/apr2016.

[10] https://www.gov.uk/government/publications/non-compliance-and-enforcement-of-the-national-minimum-wage-september-2017.

[11] See the research for BIS and EHRC by IFF, Pregnancy and Maternity Related Discrimination and Disadvantage: Experiences of Mothers (2016), at https://www.equalityhumanrights.com/en/managing-pregnancy-and-maternity-workplace/pregnancy-and-maternity-discrimination-research-findings.

[12] See the BIS research in 2013 at https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/253558/bis-13-1270-enforcement-of-tribunal-awards.pdf.

[13] See s. 19- 19H NMWA.

[14] See the National Minimum Wage Act 1998, ss. 31-33 (offence to refuse or wilfully neglect to pay workers less than National Minimum Wage).

[15] Gangmasters (Licensing) Act 2004 and Modern Slavery Act 2015.

[16] Part 2 of the Modern Slavery Act 2015 (prevention orders) and ss. 6-11 of the 2004 Act.

[17] BIS (October 2015) at https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/471048/BIS-15-549-tackling-exploitation-in-the-labour-market.pdf (accessed 11 September 2017).

[18] See e.g. s. 149 Equality Act 2010 and The Equality Act 2010 (Gender Pay Gap Information) Regulations 2017, SI 2017/172.

[19] The current administration is wavering on the matter, shown by the evidence of Dominic Raab to the Justice Committee on 19 December 2017, at http://data.parliament.uk/writtenevidence/committeeevidence.svc/evidencedocument/justice-committee/employment-tribunal-fees/oral/76269.html.

[20] See the ETs Extension of Jurisdiction Order 1994, Article 10.

[21] See s. 114 EqA 2010.

[22] See paras 2.14 and 2.16 of the Thirteenth Programme of Law Reform, at https://s3-eu-west-2.amazonaws.com/lawcom-prod-storage-11jsxou24uy7q/uploads/2017/12/13th-Programme-of-Law-Reform.pdf.

[23] Contrast s. 12A of the Employment Tribunals Act 1996, which is almost irrelevant in practice, resulting in only 18 awards in three years — Answer to Written Question 2414 from Caroline Lucas MP in House of Commons, 3 July 2017, at http://www.parliament.uk/business/publications/written-questions-answers-statements/written-question/Commons/2017-07-03/2414/.