Annual Report 2010 by Institute of Employment Rights

annual report OFFICERS Honorary President: Jim Mortimer President: Professor Keith Ewing Chairperson: John Hendy QC Treasurer: Geoffrey D Shears Director: Carolyn Jones

2010 INTRODUCTION At our 2009 AGM we predicted that the year ahead would be difficult for trade unions, their members and for IER. Nevertheless we looked forward with pride to celebrating IER’s 20th anniversary and taking our message out to an increasing number of trade unionists. In terms of reaching out, the Institute had a presence at most trade union conferences. Whether through stalls, fringes or delegate packs, over 10,000 trade union activists received a copy of our 20th anniversary promotional material. But despite the welcome we received from activists, the year was indeed a difficult one. Workers across all sectors faced job, pay and pension cuts and union attempts to protect their members and respond to their democratic decisions to take action were met by judicial constraints and hostile if not hysterical media attacks. The increasing use of injunctions to deny strikes on technicalities and the blatant victimisation of trade unionists reached knew heights as we approached the general election. It is clear that – whichever party wins, the battle for trade union freedoms will continue. The question will be – through which route?

The People’s Centre, 50 Mount Pleasant, Liverpool, L3 5SD Tel 0151 702 6925 Fax 0151 702 6935 email office@ier.org.uk www.ier.org.uk

One route consistently proposed by IER is a litigation route. Developments in the European Court of Human Rights, as Keith Ewing and John Hendy have increasingly argued, make such a route more feasible and indeed attractive. With that in mind and aware that we did not develop specific projects last year, we hope to resurrect that aspect of our work, adopting a twin track approach to trade union reform – politically by advancing proposals to the new UK government and legally by accompanying unions to Strasbourg in their battle for internationally recognised trade union rights. Administration Administratively 2009/10 was a settled year for the Institute. We continued to operate through two offices: Phelim Mac Cafferty, our Projects and Events Officer, works from our office in Brighton. While in Liverpool I am joined by Treena Johnson, our Administration

Officer, who works three days a week and Carolyn Starr, our North West Events Officer, who works one day a week. We are however anticipating changes next year in Liverpool as our landlord, The People’s Centre, went into liquidation. We have approached a number of unions about possible alternative accommodation. Members and Subscribers Our membership figure dropped slightly last year from 86 to 81, of which 43 are trade union representatives. Last year we lost two outstanding and hugely influential IER members – Ken Gill and Albert Booth. Both were inaugural members of the Institute and both gave long and loyal support. The Ken Gill Memorial Fund intends to continue Ken’s support for IERby assisting us to run Funded events in memory of Ken. Following our success in increasing subscriptions by 10% last year, this year we can again report increases across all categories. We now have a total of 690 subscribers – an overall increase of over 5% on last year’s figure of 652. Individuals have increased from 317 to 342; trade union branches from 241 to 249; international up by one to 12; commercial up by 2 to 26 and students up from 59 to 61. A total of 270 subscribers pay by direct debit. We expect income from subscriptions to drop next year as many of our recent new recruits took advantage of our “free subscription year” offer developed to celebrate our 20th anniversary. However last year we agreed to increase the cost of a commercial subscription from £80 to £160. That increase will come into operation this year. We have also now increased the branch subscription rate from £45 to £55 – the first such increase in at least 15 years. As mentioned last year, our electronic subscription base continues to grow. Last year we saw an increase of nearly 30% – up from 634 to 895. We hope to make further advances in our electronic communications in the forthcoming year.

PUBLICATIONS Last year we published seven publications. We began the year with an excellent booklet edited by Keith Ewing and John Hendy. The New Spectre Haunting Euorpe – the ECJ, Trade Union Rights and the British Government considered the past impact and the future problems posed by the decisions of the ECJ in the Viking, Laval, Ruffert and Luxembourg cases. Our second publication Agency and Migrant Workers by Sonia McKay, critically examined proposed regulations for the protection of agency workers – a growing number of who are migrant workers. The book concluded with policy recommendations on how to strengthen the law to deter employers using migrant and agency workers as cheap replacement labour. Over the summer period we prepared two publications. The first was our ever popular review of labour law developments, Labour Law Review 2009 by Jenny Eady QC, Rebecca Tuck and Betsan Criddle from Old Square Chambers. Unfortunately, Jenny is standing down as a contributor but we thank her for her many years of commitment to this publication. Our second summer publication was Federation News – the theme of which was Enforcement Issues. Steve Gibbons, guest editor, brought together articles on equal pay, health and safety and vulnerable workers (including migrant, casualised and agency workers) before considering ways to improve the enforcement of their rights with articles on proposed changes in the law, the extension of the Gangmaster Licensing Authority and the introduction of a new labour inspectorate. Our next publication – Ruined Lives. Blacklisting in the UK Construction Industry – was commissioned by UCATT and produced by Keith Ewing. This timely and very well received report was commissioned in response to the exposure of Ian Kerr, who’s Consulting Association operated a blacklist of over 3,000 construction workers. Ruined Lives was launched at a meeting in Westminster, and has been at the centre of a number of meetings in support of those on the blacklist and widely discussed on blogs. Issues taken up in the report, including whether blacklisting infringes Article 11 rights of the European Convention on

Human Rights, will be further considered by both Keith Ewing and John Hendy as the blacklisting cases progress through the UK judicial system. The Employment Act, 2008 by Georgina Hirsch, John Usher and Shubha Banerjee offered a critique and guide to the three main provisions of the Act – new grievance and disciplinary procedures, changes to the National Minimum Wage and the “ASLEF amendment”. Written by a team from UNITE , the book was widely distributed for use on UNITE’s education courses. Our final publication of the year, Union Organsing and the health of the union movement in Britain by Gregor Gall assessed the impact of the organising agenda since it emerged just over a decade ago. The booklet outlines the history, form, extent and effectiveness of what the author refers to as a “step change” in trade unionism in Britain and concludes with a recommendation that unions “stringently review” their union organising methods so that ever more effective forms can be developed to tackle economic challenges ahead. Publications proposed for 2010/11 • Whistleblowing: 10 years of PIDA by Catherine Hobby • Employment Status by Roger Walden • Federation News: Politics of Pensions • Health and Safety: A Crisis in Enforcement by Steve Tombs and Dave Whyte • Victimisation of Trade Unionists by Keith Ewing • The Equality Act by Aileen McColgan • Labour Law Review 2010 by Rebecca Tuck & Betsan Criddle • TUPE Updated by Richard Arthur • Federation News: Vulnerable workers Projects, Commissions and public policy work Last year the Institute was asked to produce three pieces of Commissioned work. The first, via UCATT, was a contribution to a European wide publication on how the Posted Workers’ Directive operates in European States. The second, again from UCATT and discussed above, informed our response to the government’s consultation on new Rrgulations on blacklisting. The third, from PCS, is still underway and looks at the issue of victimisation of trade unionists at work – a growing problem as private sector methods are incorporated into public service provisions. Keith Ewing and John Hendy also gave oral evidence to the Joint Committee on Human Rights during their investigation into business and human rights, reminding the committee that trade union rights are fundamental human rights recognised in international law.

CONFERENCES AND SEMINARS Despite the predicted tough year, we have done well to ride the a critical overview storm in terms of seminars and redundancy and th e law: conferences. Over the year we held fear and econ ic a total of 12 events – 8 in London uncertainty atom ce en er work and 4 in Liverpool. nf co a 9 200 il day 29th Apr

the employment act 2008:

Who should attend

The seminar will be of great interest to trade unionists, employm lawyers, personnel ent and health and safety specialists, academ students and those ics and concerned with the development of public policy. How to book To reserve your place, complete the form below and send your made payable to IER. cheque,

CPD, NPP and EPP

accreditation

This seminar counts for credit hours under the Law Society’s Continu Development Scheme and the General Council ing Practitioners’ Program of the Bar’s New me and Established Practitioners’ Program Additional me.

Information

Details of nearby hotels are available from the office. Name change accepted up until the s are time of the event. Delegat es who advise IER cancellation more than of their 15 working days in advance will receive note with 10% deducti a credit on for administration.

wednes 9:30am – 4:00pm

How to get there

Nearest tubes: Russell Square, Goodge St and Tottenham Court stations: Kings Cross Rd. Nearest and St Pancras and Euston.

Theatre, at the Clore Lecture Torrington Square, Birkbeck College, 25 London WC1E 7JL organised by loyment Rights The Institute of Emp

Cost

IER subscribers and members Trade unions Commercial

Booking form

Please reserve __ places

at the Redundancy

Name

a seminar

£45.00 £60.00 £120.00

wednesday 8th Jul y 2009 1:30pm – 4:15pm

and the law semina

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Update at NUT Hamilton House, Mabledon Plac London WC1H 9BD Employment Law e,

Address

2009

Who should attend

organised by The Institute of Emp loyment

The conference will be of great interest to trade unionists, employm lawyers, personnel specialists, academ ent ics, students, and those with the development concerned of public policy.

Telephone

Organisation How to book reserve your place, lease invoice To complete the form me/I enclose below and send your made payable atocheque for £ eturn completed form cheque, IER, to Institute to IER, The People's Centre, 50-54 Mount of Employment Rights, verpool L3 5SD. TelCentre, 50-54 Pleasant, The People’s 0151 702 6925 Fax Mount Pleasan 0151 702 ice@ier.org.uk 6935. t, Liverpool L3 5SD. Fax 0151 702 6935. CPD, NPP and EPP accreditation This conference counts for credit hours under Continuing Develop the Law Society’s ment Scheme and the General Council New Practitioners’ of the Bar’s Programme and Establis hed Practitioners’ Program Additional Inform me. ation Details of nearby hotels are available from the office. Name changes accepted up until the are time of the event. Delegat es who advise IER cancellation more than of their 15 working days in advance note with 10% deductio will receive a credit n for administration. How

TUPE Regulations:

possibilities and problems

ce a conferenOct ober 2009 Wednesday 21st 9:30am – 4:15pm

to get there

Train and tube: King’s

Cost

edon Place, Hamilton House, Mabl at NUTEuston. on WC1H 9BD Lond £75.00 £90.00 nised by orga £220.00 loyment Rights The Institute of Emp

Cross, St Pancras and

IER subscribers and members Trade unions Commercial

Booking form

Please reserve __ places Name

a conference

wednesday 18th nov ember 2009 10:00am – 4:00pm

on with ciati nce at £ in asso Chambers TUC and Old Square

at the TUPE confere

Bill Single Equalities conference

Address

at NUT Hamilton Hou London WC1H 9BD se, Mabledon Place, organised by The Institute of Emp loyment Rights

Who should attend

The seminar will be of great interest to trade unionists, employm Telephonelawyers, personn el specialists, academ ent ics and students and concerned with the those development of public Organisation policy.

How to book

Please invoice To reserve me/I

redundancy and th e law:

enclose your place, a cheque complet

Return completed form fore the £ form below to IER, The People's made payable and send your cheque, Liverpool L3 5SD. 50-54 Mount Pleasant, to IER, Centre, to Institute Tel 0151 702 6925 of Employment Rights, Fax office@ier.org.uk Centre, 50-54 The People’s Mount 0151 702 6935.

Pleasant, Liverpool L3 5SD. fax 0151 702 6935; office@ier.org.u

Tel 0151 702 6925;

CPD, NPP and EPP

accred

itation This seminar counts for credit hours under the Law Society’s Continui Development Scheme and the General Council ng Practitioners’ Program of the Bar’s New me and Established Practitioners’ Program me. Additi onal Information

ce a conferenDec ember 2009

Details of nearby hotels are available from the accepted up until the office. Name changes time of the event. Delegate are cancellation more than s who advise IER of their 15 working days in advance will receive note with 10% deductio a credit n for administration.

How to get there

Nearest tube and train

Cost

Wednesday 9th 10:00am – 4:00pm

e, se, Mabledon Plac at NUT Hamilton Hou London WC1H 9BD £75.00 nised by orga £90.00 ent Rights £220.00 Institute of Employm The

Booking form

Please reserve __ places

at The Health Agenda

ions: occupational pens s ge wa ed delay subtracted?

Name

the health agenda at work

King’s Cross and Euston.

IER subscribers and members Trade unions Commercial

Address

Rights

at Work Conference

at £

a conference

wednesday 17th Feb ruary 2010 9:30am – 4:00pm

at NUT Hamilton Hous e, Mabledon Place, London WC1H 9BD organised by The Institute of Emp loyment Rights

We opened the year in style in both London and Liverpool, with brilliantly attended conferences critiquing the Employment Act, 2008. Our events then went on to comment on a broad range of issues including the TUPE Regulations, Redundancy, the Health Agenda at Work, occupational pensions and the Information and Consultation of Employees Regulations. Michael Foster MP – Parliamentary Secretary at the Government Equalities Office – joined an otherwise all-female platform composed of leading trade unionists and lawyers to give a keynote speech, critiquing the proposed new Equalities Bill. We also held our annual Employment Law Update conferences in London and Liverpool is association with TUC and Old Square Chambers.

In our 2009 Annual Report we also promised to diversify our method occupational pens of delivering events in an effort to ions: the information an ensure as many people as possible d consultation of a seminarh March 2010 could attend. And we kept our wednesday 10t employees promise. First we held an early 1:30pm – 4:15pm e, regulations se, Mabledon Plac at NUT Hamilton Hou evening commemorative lecture London WC1H 9BD a seminar organised by loyment Rights in July with UK and European The Institute of Emp wednesday 17th Mar ch 2010 1:30pm – 4:15pm academics to mark the 60th at NUT Hamilton Hous e, Mabledon Place, London WC1H 9BD anniversary of ILO Convention 98. organised by  The Institute of Emp Then in November we held our first loyment Rights   Saturday event, free to all delegates! The conference, entitled European  Court of Justice Cases: Developing a ce  en er  a north west conf  strategy for trade unionists used the   t en 2nd anniversary of the hostile ECJ m oy pl  Em e Th   decisions to monitor the impact a north west conf Act 2008: erence a critical overview of the cases and more importantly 9 200 May h Employment Law Tuesday 12t consider a strategic response. Update: 9.45 - 4.00pm the new equality The conference, organised in l, Lime Street, Hote phi Adel bil l at the Liverpool association with SERTUC, brought organised by loyment Rights The Institute of Emp together senior UK trade unionists Tuesday 3rd Novemb er 2009 9.30am - 4.00pm and lawyers, European lawyers and sponsored by at the Adelphi Hote l, Lime Street, Thompsons Solicitors Liverpool (NW Region) ce orga UNITE the Union en er John Monks of the ETUC. nf co st we nised by a north The Institute of

Who should attend

The seminar will be of great interest to email lawyers trade unionists, employm , personnel speciali ent sts, academics and concerned with the students and those development of public Organisation policy. How to book Please invoice me/I To reserve enclose a cheque your place, fore the £ form complet below and send your made payable to IER, cheque, to Institute of Employm ent Rights, The People’s Centre, 50-54 Mount Pleasant, Liverpool L3 5SD. Tel 0151 702 6925; fax 0151 702 6935; office@ier.org.uk

CPD, NPP and EPP

accreditation

This seminar counts for credit hours under the Law Society’s Continui Development Scheme and the General Council ng Practitioners’ Program of the Bar’s New me and Established Practitioners’ Program me.

Additional Inform ation

How to get there

Nearest tube and train

Cost



£45.00 £60.00 £120.00

Booking form

 Please reserve __ places at £

at The Information

 Name   Address     email

and Consultation of

Employees

 Organis ation

Please

  

invoice me/I enclose a cheque for £ 



7020 IER ELU  flyer N 30/7/09

11:43

Page 1

ayable  asant,   Who should attend   The conferen

ce will be of great interest to trade unionists, employm academics and students ent lawyers, . It will be of particula r interest to Legal Officers the minute informat  ion on new develop needing up to ments of equality issues How to book  and employment law. To reserve your place, complet  e the form below and to IER, to Institute of send your cheque, Employm up made payable epted ent Rights, The People's Liverpool L3 5SD. Fax Centre, 50-54 Mount 0151 702 6935. Or ore than Pleasant, book online at www.ier email carolyns@ier.org .org.uk/events/ or .uk r

CPD, NPP and EPP

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accred

itation This conference counts for 4.5 credit hours under the Law Society’ Development Scheme s Continuing and the General Council Programme and Establis of the hed Practitioners’ Program Bar’s New Practitioners’ me.



Additional Inform

ation

Details of nearby hotels are available from the office. Name changes until the time of the event. Delegates who are accepted up advise IER of their 15 working days in cancellation more than advance will receive a credit note with 10% administration. deduction for

How to get there

Train: Lime St Station (British Rail) and Central Station (Merseyrail) walk away. Bus: 500 are a five minute from Liverpool John Lennon Airport to City Centre.

Cost

IER subscribers and members Trade unions Commercial The cost of the conferen ce does

Booking form

Please reserve ___

s, ha

Name Address

51 702 6935.

payable easant, s/ or

£75.00 £90.00 £220.00 not include lunch.

places at the Employm

ent Law Update conferen

ce at £___

Employment Rights

: We held a fringe at the Scottish TUPE Regulations TUC in association with the United a g no in rth west conferen improv ce Campaign and the Morning Star. understanding

Who should attend

The conference will be of great interest email to trade unionists, trade Learning Reps, and union reps, Union advice workers. How totion book Organisa To reserve your place, complete the form Please invoice me/I enclose to IER, to Institute a cheque for £ below and send your cheque, of Employm Return completed form made payable to IER, The People's ent Rights, The People's Liverpoo L3 5SD. Centre, 50-54 Mount Centre, 50-54 Mount Fax 0151 702 Fax 0151 702 l6935. Pleasant, Liverpool Pleasant, 6935. email L3 5SD. Or book online at www.ie office@ier.org.uk email carolyns@ier.org r.org.uk/events/ or .uk

Additional Inform ation

ve minute Details of nearby hotels are availabl e from the office. Name until the time of the changes are accepte event. Delegates who d up advise IER of their 15 working days in cancellation more than advance will receive a credit note with 10% administration. deduction for

l, Lime Street, at the Adelphi Hote Liverpool How to get there Train: Lime St Station nised by (British Rail) and Central orga Station (Merseyrail) walk away. Bus: 500 loyment Rights are Emp from Liverpool John ofa five minute Lennon Insttoitute TheAirport City Centre. Cost

IER subscribers and members Trade unions Commercial The cost of the confere nce does

sponsored by North West TUC, Thom psons Solicitors

rkplace issues: ry 2010 Tuesday 2nd Februa 9.30 - 4.00pm redundancy,

cepted up CPD, NPP and EPP accred itation ore than This conference counts for 4 credit hours under CPD scheme, and the the Solicitors Regulat or Bar Standards Board ion Authority New Practitioners' Established Practitio Programme and ners' Programme.

£75.00 £90.00 £220.00 not include lunch.

victimisation and worse? Tuesday 23rd March 2010 10.00am - 4.00pm

at the Adelphi Hote l, Lime Street, sponsored by Region Liverpoo Booking form , NUT North West l Thompsons Solicitors Please reserve ___ places at the Workpla ce Issues conference organised by at £___ Name The Institute of Emp loyment Rights Address sponsored by Thompsons Solicitors

email Organisation Please invoice me/I

Events for 2010-11 Liverpool • Health and Safety: the new agenda at work • Employment Law Update • What Now for Trade Unions? Ken Gill Memorial Fund • The Equalities Act

London • Sustainable jobs in a green economy: the role of trade unions and collective bargaining • Lecture with Haldane Society- Lord Wedderburn and Jim Mortimer in Conversation • After the General election: what now for trade unionists? • Whistleblowing: 10 years of the Public Interest Disclosure Act • Employment Law Update 2010 Ken Gill Memorial Fund • Equalities conference • Race, racism and the workplace • Equal Pay

King’s Cross and Euston.

IER subscribers and members Trade unions Commercial

Regulations seminar

Finally, last year’s report noted our intention to introduce evaluation forms at our events. The response has been both useful and stimulating. Feedback informed us of what works for delegates and highlighted the continued demand for our high quality events. On average, 94% thought our events offer value for money; 97% said they would recommend our events to others and a staggering 98% said they intended to come to future IER events.

enclose a cheque for

Return completed form to IER, The People's Centre, 50-54 Mount Fax 0151 702 6935. Pleasant, Liverpool email office@ier.org.uk L3 5SD.

And as ever, our fringe meeting on Monday night at TUC Congress in Liverpool Politics has failed: so how should unions respond? was very well attended by delegates and supported by an impressive line up of General Secretaries.

CONCLUSION As we head towards a general election, amidst growing industrial unrest, increased judicial restrictions, hysterical media hostility and uncertain economic outlooks, the year ahead offers problems but also possibilities. Whichever party wins the election, the need to promote trade union freedoms so that unions can protect the interests of workers and promote a fairer society, will remain high on the agenda. The Institute will do all it can to assist trade unions by providing information, promoting new ideas and progressing the case for fair rights and free unions. Carolyn Jones Director cad@ier.org.uk

Members of the Institute Lord Archer QC Geoff Bagnall Unity Jonathan Baume FDA Christine Blower, NUT Philip Bowyer CI Mike Bradley GFTU Patrick Carragher BACMTEAM Brian Caton POA Stephen Cavalier Thompsons Mike Clancy Prospect Steve Cottingham O H Parsons Bob Crow RMT Professor Paul Davies Professor Simon Deakin Jeremy Dear NUJ Professor Linda Dickens Gerry Doherty TSSA Richard Evans SOR Professor Keith Ewing Michael Ford Old Square Chambers John Foster Paul Gates Community Steve Gibbons Tess Gill Old Square Chambers Nigel Gooch Hard Dowdy Geoffrey Goodman Richard Griffin CSP John Hannett USDAW Billy Hayes CWU John Hendy QC Old Square Chambers Sally Hunt UCU Professor Phil James Neil Johnson Rowley Ashworth Chris Keates NASUWT Paul Kenny GMB Chris Kitchen NUM Michael Leahy Community Jonathan Ledger, NAPO

Professor Roy Lewis Paul Mackney Leslie Manasseh Prospect Joe Mann Community Joe Marino BFAWU Lord Bill McCarthy Professor Aileen McColgan Dr Sonia McKay Professor Jonathan Michie Karon Monaghan QC Matrix Chambers Jim Mortimer Ged Nichols Accord Paul Noon Prospect Keith Norman ASLEF Christine Oddy Joe O’Hara Brian Orrell NAUTILUS Peter Pendle ACM Tim Poil NGSU Dave Prentis UNISON Alan Ritchie UCATT Mick Rix Rod Robertson UNISON Mickey Rubenstein Mike Seifert Mark Serwotka PCS Geoffrey D Shears Bob Simpson Derek Simpson UNITE Graham Smith STUC Paul Statham Pattinson & Brewer Ed Sweeney ACAS Barbara Switzer Gordon Taylor PFA Baroness Muriel Turner Sarah Veale TUC Charles Ward AEP Professor Lord Wedderburn QC Frank Wilkinson Tony Woodley UNITE Matt Wrack FBU

IER Budget Report 2009-10 Year to 31st March 2010

£s

Budget 09/10

Actual 09/10

Actual 08/09

INCOME Sales of Publications

10,000

17,708

8,738

Donations

40,000

41,775

47,854

Subscriptions

25,000

22,540

28,341

Sponsorship

2,500

1,700

4,055

50,000

41,080

45,929

1,000

1,581

1,497

Commissioned Work

15,000

17,675

Project Development

10,000

7,000

700

856

154,200

144,100

144,269

Seminar Receipts Royalties

Bank Interest TOTAL INCOME

EXPENDITURE Printing: Promotional

8,500

9,975

10,387

Printing: Publications

20,000

24,079

9,698

2,000

2,745

2,171

85,263

83,411

88,367

Rent

5,000

5,030

4,999

Sundries

2,000

3,181

2,444

500

483

532

1,216

1,398

880

Design Work Salaries

Advertising Insurance

Conferences & Seminars Room & Refreshments

10,000

14,934

5,000

4,853

Hotels

200

144

Fares

500

223

277

Travel

2,000

2,481

1,646

Telephones

2,000

1,978

1,826

Office Stationery

2,000

1,263

1,545

Postage: Couriers

1,000

1,659

754

Postage: Mailing

8,000

6,338

8,676

Repairs & Maint

500

593

IT development

4,000

861

4,826

750

675

650

160,429

166,304

154,620

Professional Fees

Bank Charges Depreciation

TOTAL EXPENDITURE

14,941

SURPLUS (Deficit) FOR YEAR -6,229 It is with great sorrow that we mourn the death of two inaugural supporters and long standing friends of IER, Albert Booth and Ken Gill

-22,204

-10,351