LabourLabour MigrationMigration in Hard Times in Hard Times2020thth November 2013 November 2013

Workplace enforcementWorkplace enforcement

Nick ClarkNick Clark

UK: second least regulated labour UK: second least regulated labour market in OECD (2008)market in OECD (2008)

UK: second least regulated labour UK: second least regulated labour market in OECD (2008)market in OECD (2008)

Over-represented amongst the least Over-represented amongst the least protectedprotected

Obligatory self-employmentObligatory self-employment Agency workers (Swedish derogation)Agency workers (Swedish derogation) Domestic workersDomestic workers Tied to employer by immigration regulationsTied to employer by immigration regulations Contracts deemed unlawful Contracts deemed unlawful

Immigration rulesImmigration rules Undeclared workUndeclared work

Principal forms of enforcementPrincipal forms of enforcement

Do it yourself 1: Employment Tribunals (& Do it yourself 1: Employment Tribunals (& county courts)county courts)

Health & Safety ExecutiveHealth & Safety Executive National Minimum Wage InspectorateNational Minimum Wage Inspectorate Gangmasters Licensing AuthorityGangmasters Licensing Authority Insolvency Service (& RPO)Insolvency Service (& RPO) Employment Agency Standards InspectorateEmployment Agency Standards Inspectorate Equality & Human Rights CommissionEquality & Human Rights Commission Do it yourself 2: “organic enforcement”Do it yourself 2: “organic enforcement”

Organic enforcement in actionOrganic enforcement in action

RMT Eurostar cleanersRMT Eurostar cleanersPhoto: Unite the Photo: Unite the ResistanceResistance

Disappearing enforcementDisappearing enforcement

ETs ETs EASI EASI Agricultural Wages BoardAgricultural Wages Board GLA GLA HSE HSE

Disappearing enforcementDisappearing enforcement

ETs – placed out of reach through feesETs – placed out of reach through fees EASI – absorbed into NMWIEASI – absorbed into NMWI Agricultural Wages BoardAgricultural Wages Board GLA – pre-licensing inspectionsGLA – pre-licensing inspections HSE – London Outreach projectHSE – London Outreach project

Disappearing enforcementDisappearing enforcement

From HSE Annual report 2011-12

Enforcement a-plentyEnforcement a-plenty

Photo: IndymediaPhoto: Indymedia

ConclusionsConclusions

by focusing on migrant groups we shine a light on the routine exploitation in certain areas of the labour market

enforcement methods are being further weakened in the names of austerity and deregulation

breaches of fundamental employment rights will go undetected and unpunished

competition at the bottom end of the labour market will become more intense

even proactive approach (like the GLA’s) cannot do more than scratch at the surface

Organic enforcement plus unions in the role of workers’ inspectors is needed