The EU Charter of Fundamental Rights: waste of time or wasted opportunity? by Keith Ewing

The EU Charter of Fundamental Rights was solemnly proclaimed by the heads of government at Nice in December 2000. Although the new Charter includes workers’ rights and trade union rights, it has failed to meet the expectations of the people of Europe. Why?
In this publication, Professor Keith Ewing assesses the strengths and weaknesses of the Charter. In his opinion the Charter offers visible ‘rights’ in line with those envisaged by the original authors. However, these ‘rights’ serve little practical purpose, as they are largely unenforceable. In the author’s words, “it is a Charter which teases and mocks, but does not yet deliver anything of substance”.
The author goes on to suggest how the status of the social and economic rights envisaged in the Charter could be given more weight. He suggests incorporating the Charter into a new Constitutional text of the European Union. Such a text is currently being discussed by a Constitutional Convention, which met for the first time in February 2002.
Incorporating the Charter would show that the EU is serious about the protection of rights. Its provisions would then be legally enforceable and binding on the EU institutions, Member States and employers who operate within their borders.
A5; 64pp; ISBN 1 873271 94 8; Price for trade unions and subscribers £6.50; others £20; May 2002

Between a rock and a hard place: the problems facing freelance creators in the UK media market-place by Lionel Bently

This report, commissioned by the Creators’ Rights Alliance, documents serious concerns regarding the interests of creative workers (including authors, playwrights, journalists, directors, photographers, composers and musicians) whose rights are being abused on a massive scale.
Typically, abuses involve the use and re-use of creators’ works without adequate payment or recognition and, sometimes, without any payment whatsoever. Between a Rock and a Hard Place clearly demonstrates that the current UK copyright regime leaves creators with little guarantee of continuing remuneration from the use of their works and little or no control over how their works are used or exploited.
The report looks at ways of protecting creators’ rights by action short of legislation and uses the protection offered to workers in other European states as a model for reform in the UK.
The aim of the report is to raise policy proposals that will create an environment in which creativity will thrive and the cultural industries on which the economy increasingly depends will prosper.
A5; 100pp; ISBN 1 873271 93 X; Price for trade unions and subscribers £8; others £30; March 2002

Whistleblowing and the Public Interest Disclosure Act 1998 by Catherine Hobby

Inquiries into disasters and scandals have shown that employees will often be the first to be aware of malpractice and corruption in the workplace. Yet prior to the introduction of the Public Interest Disclosure Act 1998 workers who blew the whistle found they had little if any protection against unfair dismissal or victimisation. Not surprisingly the 1998 Act has been widely welcomed for the protection it offers to workers. But that welcome has come with reservations. There is no obligation on an employer to implement a whistleblowing procedure and the provisions of the Act are complicated, with significant restraints placed in the way of external disclosure. In order to use the new law effectively it is important to understand its strengths and weaknesses and to be aware of how the courts are interpreting the legislation.
This new report offers a critical overview of the legislation and monitors the case law to date. It also considers the impact of the Human Rights Act and offers suggestions on how best to use the provisions of the Public Interest Disclosure Act.
A5; 88pp; ISBN 1 873271 92 1; Price for trade unions and subscribers £8; others £30; December 2001

undermining construction: the corrosive effects of false self-employment by Dr Mark Harvey

According to the evidence in this report, between 300,000 and 400,000 building workers are falsely registered as self-employed due to the complicated and inadequate system of tax and employment regulation currently operating in the industry.
The author has estimated that such mass false self-employment is costing the exchequer up to £2 billion per annum and is leading the industry down a low cost, low skill and low productivity route. It is argued that such a route is bad for workers, bad for business and bad for the economy and should not be allowed to continue.
The report concludes by presenting two proposals for reform, which aim to integrate, simplify and clarify the relationship between tax regulation and laws on employment status.
A4; 56pp; ISBN 1 873271 91 3; Price for trade unions and subscribers £8; others £30; November 2001

Labour's labour law: labour law reform in New Zealand under a Labour government by Gordon Anderson

In both Britain and New Zealand Conservative governments pursued a neo-liberal economic and political agenda that included as a policy objective the radical restructuring of their systems of labour law. The result has been the weakening of trade unions through loss of membership and increased restrictions on their ability to operate effectively.
Then in 1997 in Britain and 1999 in New Zealand, Labour governments came to power promising to reform labour law and to give greater protection to freedom of association and collective bargaining. In the UK the Employment Relations Act, 1999 was introduced and an Act of the same name was introduced in New Zealand in 2000.
But how do the respective pieces of legislation compare in content? Can UK trade unions learn from the New Zealand experience? In this publication the author highlights the different approaches adopted on collective issues, with particular emphasis on recognition and representation rights.
A5; 40pp; ISBN 1 873271 89 1; Price for trade unions and subscribers £5; others £10; September 2001

labour law review 2001 by Jennifer Eady and Rebecca Tuck

Over the last year there has been much discussion about UK workers developing a "compensation culture". Emphasis is placed on the increase in the number of cases going through the court and tribunal systems with particular focus on the associated increase in costs. Yet little is said about why there has been such an increase or indeed the nature of the cases.
To that end this year's Labour Law Review offers a particularly timely analysis of the year's leading statutory and judicial decisions. As usual, the review covers both collective and individual issues ranging from industrial action cases, TUPE updates, issues of breach of contract, unfair dismissal, equal pay and pensions and problems of race, sex, disability and sexuality discrimination.
We hope that by reporting on the problems workers and unions face in enforcing their rights, this year's Review will also provide a useful tool for those aiming to participate in the Government's promised review of the Employment Relations Act.
A5; 32pp; ISBN 1 873271 88 3; Price for trade unions and subscribers £3; others £10; September 2001

building on the national minimum wage by Bob Simpson

This publication offers a timely review of the impact of the National Minimum Wage on individuals, businesses and the wider economy following the second anniversary of its implementation.
Bob Simpson considers the strengths and weaknesses of the legislation. He looks specifically at the exclusion of those under 18, the lower rate for those under 22 or undertaking training and the lack of adequate enforcement mechanisms.
He goes on to suggest how the legislation can be improved and focuses on reforms that will protect workers against victimisation together with the need to revisit the idea of workers receiving a NMW statement as part of an enforcement strategy.
He concludes by looking at how the law can be used to boost other pay-related initiatives and places particular emphasis on the need to consider the introduction of a "fair wage" policy, sectoral regulation, independent scrutiny of pay structures and the adequacy of the law relating to deductions from pay.
A5; 52pp; ISBN 1 873271 87 5; Price for trade unions and subscribers £6.50; others £20; April 2001