Employment advisers underfunded and overwhelmed by cases of mistreatment at work, says TUC

Employment advisers receive daily reports of mistreatment from workers across low paid and female dominated sectors of the economy – such as care, catering and cleaning – but often feel they do not have the necessary resources to challenge this exploitation.

Researchers from the Centre for Employment Studies Research at Bristol Business School, commissioned by the TUC’s Commission on Vulnerable Employment, interviewed employment advisers from Citizens Advice (CABx) and the Law Centres Federation across the UK. The research highlights the extent of the problems that vulnerable workers face:

• 79 per cent of advisers receive reports of unfair dismissal weekly or more frequently;
• 67 per cent of advisers receive reports of problems with pay weekly or more frequently;
• 60 per cent deal with problems with working time/contractual rights weekly or more frequently.

These problems are concentrated in low paid sectors where most jobs are held by women. Advisers told the researchers that workers experiencing problems were most likely to work in private care homes, hotels and restaurants, hairdressing and beauty, wholesale and retail, or for cleaning companies.

With respect to problems with pay:

• 86 per cent of advisers had supported workers from private care homes;
• 79 per cent had supported workers employed by cleaning companies; and
• 72 per cent had supported workers employed in hotels and restaurants.

For each of the main problems that workers experienced, more than 50 per cent of advisers said that they often came across employers who were ‘repeat offenders’.

The research shows that a large number of workplace grievances are experienced by workers on permanent contracts, but also demonstrates that agency workers were disproportionately likely to experience workplace problems – 62 per cent of CABx and 81 per cent of Law Centres saw temps on a frequent basis. 

The majority of respondents also felt their organisation needed more funding and resources necessary to meet demand for advice; 70 per cent of CAB and 80 per cent of Law Centre advisers felt they had too few advisers to deal with the number of enquiries they received about mistreatment at work. Advisers also reported spending more and more time fund seeking so time available for advocacy work was decreasing.

TUC General Secretary Brendan Barber said: “The study gives us a picture of vulnerable work through the lens of the two national agencies which provide free employment-rights advice and support to those without union representation. It is not a pretty picture.

“The TUC’s Commission on Vulnerable Employment was shocked at the extent of abuses of employment rights reported by colleagues at Citizens Advice and the Law Centres. It is unacceptable that these practices exist today, and equally unfair that when they do, services to help vulnerable workers are left over-stretched and under-funded.

“Ministers have recently accepted the need for an information and awareness campaign for workers and employers on basic rights at work – which the TUC welcomes. However, sustainable funding is also needed for independent employment rights advice, so that when workers experience problems they can access support. Government, trade unions and employers need to work together to make sure this happens.

“The Government is also committed to enabling enforcement agencies such as the Health and Safety Executive and the minimum wage enforcement unit of HMRC to work more closely together and to better co-ordinate their work. However, these positive developments also need to be accompanied by more resources – agencies need the capacity to take proactive work that prevents mistreatment at work from happening in the first place. Extending the Gangmasters Licensing Authority (GLA) to other low-paid sectors characterised by temporary work would also make a huge impact.”

The research also revealed:

• Only one in three CABx have a specialist volunteer employment rights adviser;
• No Law Centres employed more than two full-time paid employment specialists.

Around two-thirds of advisers from both CABx and Law Centres felt they had too little legal experience to assist migrant workers, and almost three-quarters of CABx and 61 per cent of Law Centres also felt they had too few resources to provide advice and support to workers who do not have English as their first language.

The research is available at: CoVE Research
TUC Press Release: CoVE_TUC_23.08_.08_.doc