www.tuc.org.uk
Ending the two-tier
workforce
Hannah Reed
Senior Employment Rights
Officer
www.tuc.org.uk
Overview
• Impact of government policy
• Restoring TUPE rights and ending the
two tier workforce
• EU developments: risks and
opportunities
www.tuc.org.uk
Impact of government
policy
• Encouraging competition on pay and
conditions
– Race to the bottom
• Attack on trade union rights and
collective bargaining
www.tuc.org.uk
Restoring TUPE rights
• Protecting transferred terms &
conditions
– Workers should not receive less
protection because covered collective
agreement
– Employers should not be able to rely on
ETOs reasons to drive down pay and
conditions
– Change of location should not be a
justification for reducing pay &
conditions
www.tuc.org.uk
Restoring TUPE rights
• Strengthened consultation rights
– Early engagement between worker
representatives and new employer
– Repeal new rules on early
collective redundancy consultation
www.tuc.org.uk
Ending the two tier
workforce
• Creation of new two-tier workforce
agreement
www.tuc.org.uk
EU Developments
Risks and opportunities
www.tuc.org.uk
EU Public Procurement
Directive
• Greater emphasis on ‘Most
Economically Advantageous Test’
rather than simply on cost
• Greater scope for inclusion on social
clauses
• Public authorities must ensure
contractors comply with employment
rights and ILO Conventions
www.tuc.org.uk
EU Public Procurement
Directive
• Public authorities can take noncompliance into account when
awarding contracts
– Successful ET claims
– Non-payment of ET awards
– Blacklisting
• Opportunity for unions to be engaged
earlier in procurement process?
• Government consultation Summer ‘14
www.tuc.org.uk
EU I&C Directives:
Refit exercise
Risks
Opportunities
Protections for pay and Extending rights to
conditions weakened
transfers in public
administration
Weaker consultation
rights
Extending TUPE rights
to share transfers
Earlier consultation
between unions and
new employer
Stronger penalties for
employers
www.tuc.org.uk
Any Questions?