Coalition’s plans to deny workplace justice for employees is based
on ‘myths’, says Unite
20 April 2011
The coalition’s proposals to make it more difficult for
employees to seek redress for workplace disputes undermines a
system that has served Britain well for nearly half a century,
Unite, the largest union in the country, has said.
Unite was responding to the government’s Resolving Workplace
Disputes Consultation 2011 which aims to tighten up the rules that
govern what steps employees can take to get a fair hearing, if
problems arise at work.
Unite said in its submission that the government’s proposals are
based on ‘a number of myths’ and that there is no evidence to
suggest that they will address the labour market concerns of
employers or contribute to the economic recovery of the country. On
the contrary, such proposals would bar vulnerable workers from
receiving justice.
Unite assistant general secretary Tony Burke said: ”The
government must be careful. It cannot play with the fundamental
principle of access to justice simply to appease the CBI which has
been lobbying for exactly these changes very openly.
”It is tough enough for UK workers, who have the poorest
workplace protection compared to their European counterparts,
without the government fabricating evidence in order to do the
dirty work of a powerful business interest group.”
Unite said that the number of claims received should be seen in
the context of the number of employed people in the UK and, even at
it highest level, the claims represent less than one per cent of
the working population.
The thrust of the government’s proposals – to save money – were
questionable and Unite did not accept that the proposals will lead
to ‘the resource savings envisaged’.
Unite is totally opposed to the qualifying period for unfair
dismissal claims being extended to two years from the current level
of 12 months set in 1999.
The union said that the government should invest more to ensure
that employers managed their staff better from day one, so reducing
the need for unfair dismissal claims arising in the first
place.
Robust workplace resolution mechanisms should be in place – but
these should be in support of, and not as a substitute, for access
to employment tribunals.
Unite does not accept the need for ‘substantial or urgent
change’ to the employment tribunal system – and that more efficient
resolution of workplace disputes would occur if there were
legislation that ‘encouraged rather than hindered’ the growth of
trade union recognition.
Unite’s other points include:
- Rejecting the argument - the basis for this review - that the
current employment tribunal system is a deterrent for employers to
engage new employees.
- Opposing the idea that judges should sit alone at employment
tribunal hearings, replacing the current three person panel. Unite
understands that many employment judges believe that unfair
dismissal cases should be heard by a panel, which includes lay
members.
- Believing that where formal collective and individual
agreements exist between the workforce and the employer the
prospect of early resolution is more likely.
- Believing that mediation can only work as a completely
voluntary and confidential form of alternative dispute resolution,
but sees no advantages to in-house mediation.
ENDS
Notes to news editors:
For further information, please contact Unite communications
officer, Shaun Noble on 07768 693940
Download the full submission: Unite
response to Resolving Workplace Disputes Consultation 2011
