LRD guides and handbook August 2014

Casualisation at work - a guide for trade union reps

Introduction

INTRODUCTION [page 5] (271 words)

Casual work has always existed. Even before the 2008 recession, non-standard forms of working were an established feature of the UK and European ...
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Chapter 1

1. THE CASUALISATION OF THE UK LABOUR MARKET [ch 1: pages 6-7] (759 words)

The aftermath of the 2008 recession has produced a fundamental shift in the labour market, with growing levels of involuntary casualisation. A ...
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How casualisation affects terms and conditions [ch 1: pages 7-8] (207 words)

An army of budding entrepreneurs? [ch 1: pages 8-9] (500 words)

Safety [ch 1: pages 9-10] (873 words)

Combating casualisation in logistics — the fuel tankers dispute [ch 1: page 11] (371 words)

Equality [ch 1: page 12] (238 words)

Using public procurement to drive up standards [ch 1: page 12] (177 words)

Combating casualisation — the TUC Respect at Work campaign [ch 1: page 13] (156 words)

Best practice case studies — preserving direct employment through collective bargaining [ch 1: pages 13-14] (446 words)

Chapter 2

2. EMPLOYMENT STATUS — KEY LEGAL ISSUES [ch 2: pages 15-17] (920 words)

Most employment rights depend on someone’s “employment status”. In other words, they depend on whether that person is an “employee”, a ...
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Fake substitution clauses [ch 2: pages 17-18] (375 words)

The Construction Industry Scheme (CIS) [ch 2: pages 18-19] (379 words)

Genuine self-employment [ch 2: pages 19-20] (489 words)

Chapter 3

3. USE OF PAYROLL COMPANIES TO CODIFY FALSE SELF-EMPLOYMENT [ch: 3 page 21] (342 words)

In December 2012, construction union UCATT published a report, The great payroll scandal, exposing an explosion in the use of intermediaries, ...
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April 2014 — HMRC changes the law to tackle false self-employment through intermediaries [ch: 3 pages 22-23] (505 words)

Chapter 4

4. UMBRELLA COMPANIES [ch 4: pages 24-25] (625 words)

In recent years, use of umbrella company arrangements has spread across the economy. However, the problem is much worse in some sectors than others. ...
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How do umbrella company arrangements work? [ch 4: pages 25-26] (193 words)

Implications for the worker [ch 4: pages 26-28] (810 words)

Why do workers use umbrella companies? [ch 4: page 28] (144 words)

Union demonstrations against umbrella companies [ch 4: pages 28-29] (270 words)

Off-shore intermediaries — RMT backs changes to the law [ch 4: page 29] (153 words)

Chapter 5

5. PERSONAL SERVICE COMPANIES [ch 5: page 30] (135 words)

A personal service company (PSC) is a limited company with one shareholder/director providing services to clients or end users through that company. ...
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Who uses personal service companies? [ch 5: page 30] (242 words)

Why do businesses like personal service companies? [ch 5: pages 30-31] (263 words)

Personal service companies in the airline industry [ch 5: pages 31-32] (350 words)

Discrimination [ch 5: page 32] (167 words)

IR35 [ch 5: page 33] (128 words)

Chapter 6

6. ZERO HOURS CONTRACTS [ch 6: page 34] (440 words)

One particular feature of the developing casualisation of the UK labour market has been the spread of “zero hours contracts” (ZHCs). ...
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The impact of zero hours contracts [ch 6: pages 35-36] (528 words)

Zero hours contracts in health and social care [ch 6: pages 36-37] (378 words)

Examples of union action - health and social care [ch 6: pages 37-38] (600 words)

Higher and further education [ch 6: pages 39-41] (831 words)

Campaign for fractional contracts in higher and further education [ch 6: page 41] (345 words)

Further education in Wales — solidarity leads to outlawing of ZHCs [ch 6: page 42] (195 words)

Shopworkers [ch 6: page 42] (170 words)

Catering [ch 6: page 43] (47 words)

Airline pilots [ch 6: page 43] (140 words)

Museums and galleries [ch 6: pages 43-44] (493 words)

The Lost Arts Campaign [ch 6: page 44] (90 words)

Theatre [ch 6: page 44] (89 words)

Industrial action at Tilbury docks [ch 6: page 45] (162 words)

Legal rights and zero hours contracts [ch 6: pages 45-48] (1,515 words)

Part-time workers rights [ch 6: pages 48-49] (381 words)

Discrimination [ch 6: page 49] (35 words)

Public Sector Equality Duty [ch 6: page 49] (110 words)

Government review of zero hours contracts — missing the bigger picture [ch 6: pages 49-50] (206 words)

The Scottish Affairs Select Committee recommendations [ch 6: page 50] (251 words)

TUC proposals to combat ZHCs [ch 6: pages 50-51] (107 words)

Labour Party proposals [ch 6: page 51] (238 words)

Making the business case against ZHCs [ch 6: pages 51-52] (169 words)

Using collective grievances to combat casualisation [ch 6: pages 52-53] (281 words)

Organising irregular workers — practical advice for reps [ch 6: page 53] (112 words)

Zero hours contracts case study: when it all goes wrong — The London Olympics [ch 6: page 53] (124 words)

Chapter 7

7. AGENCY WORKERS [ch 7: page 54] (273 words)

Agency workers are found across a broad range of sectors, in particular, hospitality, education, manufacturing and healthcare. The TUC has campaigned ...
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The legal rights of agency workers [ch 7: pages 54-55] (144 words)

Equal treatment rights under the Agency Workers Regulations 2010 [ch 7: pages 55-56] (375 words)

Improved pregnancy rights [ch 7: page 56] (157 words)

Who is protected by the AWRs? [ch 7: pages 56-57] (521 words)

Employment tribunal case tests the boundaries of the Swedish derogation [ch 7: pages 57-58] (487 words)

Other rights for agency workers [ch 7: page 59] (215 words)

Unite secures deals for agency workers [ch 7: pages 59-60] (171 words)

Agency workers and discrimination [ch 7: pages 60-61] (740 words)

Agency workers cannot claim unfair dismissal or redundancy pay [ch 7: pages 61-63] (681 words)

Chapter 8

8. FIXED-TERM CONTRACTS [ch 8: page 64 (329 words)

Another variant of the employment relationship is the fixed-term contract. The sector with the highest usage of fixed-term contracts is higher and ...
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UCU takes collective consultation fight to Europe [ch 8: pages 64-65] (318 words)

The legal rights of fixed-term employees [ch 8: pages 65-66] (429 words)

Right to conversion of fixed-term contract to permanent status [ch 8: pages 66-67] (201 words)

Unfair dismissal [ch 8: page 67] (351 words)

Redundancy [ch 8: page 68] (103 words)

Dismissal of temporary replacement when original post-holder returns [ch 8: page 68] (320 words)

Collective agreements in education [ch 8: page 68] (299 words)

Chapter 9

9. VOLUNTEERS AND INTERNS [ch 9: pages 70-71] (587 words)

One particularly harmful effect of the economic downturn has been an increase in the number of people — especially young people — working for ...
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Successful National Minimum Wage claims by interns [ch 9: page 71] (136 words)

HMRC enforces National Minimum Wage for Interns [ch 9: page 71] (102 words)

Union campaigning [ch 9: page 71] (76 words)

Discrimination and whistleblowing [ch 9: page 72] (225 words)

Campaigning developments [ch 9: page 72] (130 words)

Chapter 10

10. BASIC LEGAL RIGHTS — A SUMMARY [ch 10: page 73] (202 words)

Everyone who works legally in the UK, including casual workers, migrant workers, student workers and workers on zero hours contracts, is entitled to ...
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Payroll, tax and national insurance obligations [ch 10: pages 73-74] (328 words)

Rights available only to employees [ch 10: pages 74-75] (178 words)

Temporary agency workers [ch 10: page 75] (90 words)

The National Minimum Wage [ch 10: page 75] (93 words)

How the National Minimum Wage is calculated [ch 10: page 75] (161 words)

National Minimum Wage rates [ch 10: page 76] (214 words)

Help claiming the National Minimum Wage [ch 10: page 76] (119 words)

What if your job involves sleeping over? [ch 10: page 77] (350 words)

Travel between assignments [ch 10: pages 77-78] (230 words)

Standby time [ch 10: page 78] (151 words)

Hours of work [ch 10: pages 78-79] (266 words)

Rest breaks [ch 10: page 79] (303 words)

Night workers [ch 10: page 79] (53 words)

Annual leave [ch 10: pages 79-81] (762 words)

An itemised payslip [ch 10: page 81] (98 words)

Deductions from wages [ch 10: pages 81-82] (144 words)

Exceptions to the rule prohibiting deductions from wages [ch 10: page 82] (128 words)

Health and safety [ch 10: page 82] (68 words)

Sick pay [ch 10: page 82] (196 words)

More information [ch 10: page 83] (32 words)

Terms and conditions [ch 10: page 83] (149 words)

Pension rights — auto-enrolment [ch 10: pages 83-85] (586 words)

Further information (58 words)

Further information

Further information [pages 86-87] (679 words)

Copies of relevant statutes can be obtained online at: www.legislation.gov.uk. In Northern Ireland, legislation is available online from the Labour ...
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