Unfairly dismissed from your job? Seeking unpaid wages? For the last few years, if you wanted your case heard at an employment tribunal in the UK, you had to pay up front. For unfair dismissal, the fees amounted to £1,200, and for unpaid wages £390.
Introduced in 2013, the fees were designed to ensure that “users” of the system were the ones who funded it. The other justifications were to incentivise early settlements, and to deter weak or vexatious claims.
Underlying all these motivations was a concern that too many cases were being brought. And in that sense, the fees sort of worked.
That was mainly because the high level of fees (for workers who hadn’t been paid or had lost their job) compared unfavourably with the low level of sums awarded. A survey in 2013 found the median award for claims for unpaid wages was only £900. Put simply, it just wasn’t worth it. Continue reading →
As you drive home at night, do you ever pause to think about the many trucks parked in lay-bys at the side of the road? You might be only a few miles from home, but the driver’s home could be thousands of miles away. Imagine if the truck door was the front door to your home, the truck cabin both your office and your bedroom. If this sounds far-fetched, then spare a thought for the thousands of East European truck drivers who work for weeks on end, sometimes months, in Western European countries, driving, eating and sleeping in their cab.
A survey of around 1,000 East European road haulage drivers published by the European Transport Workers’ Federation (ETF) in 2013 found that the majority (60%) spent between 3-12 weeks away from home, 80% cooked and ate their own food in the lorry, 95% took their breaks and rest periods (including the weekly rest of 45 hours) in their lorries (contrary to EU working time regulations), 60% were paid by driven kilometres (despite EU Regulation 561/2006, Art.10 forbidding payments per kilometre schemes that have a negative impact on road safety), approximately 80% of the interviewed drivers stated that fatigue was a problem but they would not report it as they were afraid lose their job. A more recent 2015 study of 225 Bulgarian, Romanian and Macedonian drivers working in Denmark found that the average time working and living in their lorry away from home was 7 weeks (88% slept in their lorry most nights), pay was just €1,100 to €1,900 per month (16% were paid on the basis of kilometres driven), drivers reported regular breaches of the rules on working time and 13% stated that their employer exerted pressure on them to break the rules on driving and resting times. Continue reading →
In this post, I develop the reasons for the assessment that such a ‘Buy Brexit’ requirement is illegal (which I previously published in my personal blog and the specialised EU Law Analysis blog). I will try to keep this post as jargon free as possible and limit the technical details of my legal assessment as much as possible. However, this is a rather technical area of economic law, so some technicalities will be unavoidable. Continue reading →
Dr Hugh Pemberton Reader in Contemporary British History, University of Bristol, Department of History
Industrial strategy is back on the government’s agenda, with a promise to produce a ‘match fit’ economy that ‘works for everyone’ and is able to thrive after Brexit. As yet, however, there is little sign of the promised broadly-based and coherent industrial strategy emerging. In crafting it, explains Hugh Pemberton, its architects may profitably look back to the 1960s for some pointers.
For nearly a century, governments have tried to shape Britain’s industrial and commercial landscape. Yet, whilst they often wanted to raise industry’s efficiency and competitiveness, historically there was little consensus on how best to do it. And, whilst ‘industrial policy’ and ‘regional policy’ were often in evidence, the crafting of a broader ‘industrial strategy’ was a rarer event. Continue reading →
Businesses are, in some respects, like cement. They are an integral part of the society we inhabit, and yet for the most part invisible to us as tangible entities. We give them little thought, but our lives would be very different were we to wake up to a world without either.
David Hunter, Consultant, Charity & Social Enterprise Department (Bates Wells Braithwaite LLP) and Knowledge Exchange Fellow (University of Bristol Law School)
In April 2016, the UK government did invite us to think about the nature of business though as part of what it called a Mission-led Business Review. It set up an Advisory Panel and ran a public consultation and, seven months on, the Panel has reported back to the government with its recommendations. The timing is interesting, with the review commencing when David Cameron was still Prime Minister, before the UK’s Referendum on EU membership and the US election, but the publication of the Panel’s findings coming when those events have demonstrated a clear sense of public discontent with the status quo.
What was the Review about, what is a ‘mission-led business’ and what are the likely responses to and impact of the Panel’s findings?
In the aftermath of the financial crisis, a debate has been raging about the culture of financial services institutions – both in terms of how individuals working with financial institutions conduct themselves, but also on attitudes towards risk-taking within these institutions.
Given that banks are now considered to provide consumers with a service that is essential to the operation of the modern economy, this is an important debate. However, those tasked with regulating and supervising the banking sector haven’t escaped this scrutiny either.
If the UK is to avoid a future financial crisis of the magnitude experienced between 2007 and 2009, there also needs to be a culture change within the institutions tasked with overseeing the UK’s financial services sector.
“Is maths creating an unfair society?” That seems to be the question on many people’s lips. The rise of big data and the use of algorithms by organisations has left many blaming mathematics for modern society’s ills – refusing people cheap insurance, giving false credit ratings, or even deciding who to interview for a job.
We have been here before. Following the banking crisis of 2008, some argued that it was a mathematical formula that felled Wall Street. The theory goes that the same model that was used to price sub-prime mortgages was used for years to price life assurance policies. Once it was established that dying soon after a loved one (yes, of a broken heart) was a statistical probability, a formula was developed to work out what the increased risk levels were.
Tessa Coombes – PhD student in Social Policy, University of Bristol
Last Thursday saw the launch of the Bristol City Office, an idea that has been six years in the making. It’s an idea that seeks to address some of the challenges faced by the public sector, with ever decreasing budgets and reducing powers. It’s about partnership and collaborative governance, bringing organisations, individuals and budgets together to tackle the issues that we have failed to tackle before, where collaboration and joint working are essential, alongside the willingness to be creative and innovative. But why will this approach work when other attempts have failed and how is this different?
Dr Winnie King, Teaching Fellow, School of Sociology, Politics and International Studies, University of Bristol
“The golden era of British-Chinese relations will continue,” Prime Minister Theresa May stated September 2nd on her way to the G20 in Hangzhou, China. Will it however, be the 24 carat of the days of Cameron and Osborne? Or have delays linked to Hinkley Point irrevocably tarnished the gleam of relations?
If President Xi Jinping’s statement during the G20 Summit is any indication, he is willing to ‘show patience,’ giving Mrs. May time to frame and launch her vision of British foreign policy and economic relations.
As one who seems to keeps her cards close to her chest, the question is what shape will this come in?
Nina Boeger, Senior Lecturer in Law, University of Bristol
Mistrust in corporate governance and multi-national companies has rarely run deeper than today. In extreme cases of misconduct, corporate bosses might be called in to answer questions about their own exploitative conduct vis-a-vis their businesses, as we have seen recently in the public interrogation of Sir Phillip Green, former “owner” of the now defunct BHS.
But generally, it has become ever clearer that while corporations carry responsibility for many of our current global problems, from rising social inequality to looming ecological disaster, they are rarely held fully accountable for their misdemeanours and recklessness.
Our corporate governance system has so far failed to impose effective limits on the rent-seeking of financial investors and the excess of corporate managers at the expense of the wider workforce and the exploitation of our communities and the environment. Instead, profit maximisation for shareholders, and handsome remuneration packages for company directors even when they manage their company against the long-term interests of employees, consumers and the wider communities that businesses are meant to serve, continue to dominate the order of the day.