Hard Work, Hidden Lives

On 4th June, the report and its findings were presented to the Prime Minister. He said that the government was ‘giving positive consideration to its recommendations and was strongly committed to working with the TUC, employers and others to tackle the issues highlighted’.

The report found that ignorance of rights at work and a lack of access to employment rights advice, made worse by recent changes in the funding regime, were key problems for the two million vulnerable workers in the UK. ‘Vulnerable workers have great difficulty in getting the specialist support they need - even if they are persistent, they will in many areas only get advice about their basic rights but not the ongoing support they need to enforce them. Many areas of the country are employment rights advice deserts.

‘Vulnerable workers prefer face-to-face advice, and are less confident about telephone advice and information, finding it harder and more time-consuming to resolve problems in this way. But those who could provide this advice - particularly solicitors, voluntary advice providers and union groups - are often without the resources to meet demand.’

Legal aid reform has made it harder for some employment advisers to access funding, and has led to a reduction in the number of solicitors taking on employment advice work. Between 2001 and 2006 there was a 46 per cent drop in the number of employment law providers undertaking legal aid work, and since 1997 there has been a real terms drop in civil legal aid spend of around 24 per cent.

The Commission recommends:

• A continuous national social marketing campaign to increase awareness of employment rights across the workforce, but particularly among vulnerable workers.

• Training in employment rights for public sector staff who come into contact with vulnerable workers.

• A statutory duty on local authorities to provide sustainable funding for employment rights advice services, accompanied by an increase in central Government funding for employment rights provision.

• Commitments from unions and employers to fund employment advice and community groups working with vulnerable workers.

• An urgent review of the impact that legal aid reform has had on the availability of employment advice for vulnerable workers.

• A new Fair Employment Commission, involving employers, unions and civil society groups to co-ordinate the work of enforcement agencies, monitor awareness of employment rights and make recommendations to Government.

The Commission also calls for more resources for enforcement agencies, far more co-ordination of their work - part of the brief of a new Fair Employment Commission - and for a range of relatively straightforward money based rights to be enforced by an agency such as the minimum wage enforcement unit of HMRC, rather than require individuals to take tribunal cases.

TUC General Secretary and Commission Chair Brendan Barber said, ‘It’s a national disgrace that in 2008 Britain still has two million vulnerable workers. What makes their position worse is that many do not know when their employer breaks the law, and can’t find anyone to advise or represent them even if they do seek advice. That is why we are calling for more funding for advice agencies, joined-up work from enforcement agencies with wider remits and for loopholes in employment law, particularly the abuse of employment status by employers who refuse to provide contracts of employment, to be closed.’

John Fitzpatrick, Chair of the Law Centres Federation, said: ‘The Law Centres Federation welcomed the findings of the Commission on Vulnerable Employment’s report. The findings highlight the increasing difficulty for vulnerable people with complex personal needs to get the specialist help they need for their legal problems.

‘The findings also indicate that workers are being denied their rights because legal aid is not always available and there are insufficient providers of employment advice to meet a growing need. As well as unfair dismissals, pay, and contractual rights, discrimination is an increasingly common complaint with few advisors able to assist.  New publicity on rights under all the strands of discrimination, is increasing the demand for assistance in this area. The research indicates that unless action is taken, new rights will never be realised, and the system will fail to meet the needs of those most vulnerable and excluded in society.

‘Law Centres have the expertise to provide these services and a proven record in effective delivery to vulnerable and disadvantaged people. The findings show that the legal aid reforms are, in effect, limiting the ability of Law Centres to provide the best service to those most in need.’