Does the UK Government respect workers' rights?

The UN Committee on Economic, Social and Cultural Rights (CESCR) has just published its Concluding Observations on the UK Government’s efforts to implement the International Covenant on Economic, Social and Cultural Rights, which includes workers’ rights. In this blog, Ben Rutledge looks at the committee’s comments and their recommendations on working lives.

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As an independent body of 18 experts, the UN’s Economic, Social and Cultural Rights Committee periodically reports back on every country’s record in ensuring the human rights of its citizens.

It’s just done so for the UK. And, as we welcome a new Prime Minister, it’s a very fortuitous time.

Guiding the UK's thinking

The committee’s observations allow reflection on how successful the government has been to date.

Importantly, its recommendations should also guide Theresa May’s incoming administration in helping to identify priorities going forward.

But first, here’s a couple of bullet points on what the Covenant includes that’s of particular relevance to working conditions:

• The right to work, to fair wages, to safe and healthy working conditions and to freedom of association and collective bargaining.
• The right to social security and to an adequate standard of living – to food, clothing and housing.

While the CESCR welcomed a number of steps taken by the UK government, including the adoption of the Modern Slavery Act 2015, they also set out a number of concerns and consequent recommendations as follows.

Working conditions

The Committee was concerned at the high incidence of part-time work, precarious self-employment, temporary employment and the use of “zero hour contracts”, particularly affecting women.

It was also concerned about the negative impact that all of those forms of employment have on the enjoyment by workers of their right to just and favourable conditions of work.

And the Committee also mentioned the high number of low-paid jobs, which affects in particular some sectors as cleaning and homecare.

The Committee recommended that the government:

• Take all appropriate measures to progressively reduce the use of temporary employment, precarious self-employment, and “zero hour contracts”, including by generating decent work opportunities that offer job security and adequate protection of labour rights.
• Ensure that the labour and social security rights of persons in part-time work, precarious self-employment, temporary employment and “zero-hour contracts” are fully guaranteed in law and in practice.

Working conditions of migrant workers

The Committee remained concerned about what it saw as persistent discrimination against migrant workers in the labour market.

In particular, it was concerned about the high and increasing concentration of migrant workers in low-paid work and that migrant domestic workers are at greater risk of being victims of abusive working conditions.

The Committee recalled its previous recommendations and urged the government to:

• Adopt all necessary measures to ensure that all migrant workers, including migrant domestic workers, enjoy the same conditions as other workers regarding remuneration, protection against unfair dismissal, rest and leisure, limitation of working hours, social security and maternity leave protection.
• Protect migrant workers and migrant domestic workers from all forms of exploitation and abuse, including through the effective implementation of the Modern Slavery Act 2015.
• Improve the complaint mechanisms and legal assistance provided to migrant workers.
• Ensure effective inspection mechanisms for monitoring the conditions of work of migrant workers and migrant domestic workers.

National minimum wage

Despite the increase of the national minimum wage that came into effect on 1 April 2016, the Committee was concerned that it was not sufficient to ensure a decent standard of living, particularly in London, and that it did not apply to workers under the age of 25.

The Committee recommended that the national minimum wage be periodically reviewed and set at a level sufficient to provide all workers and their families with a decent standard of living. It also recommended that the protection of the national minimum wage be extended to under 25s.

Blog readers may find ETI's FAQs on the UK's so called 'national living wage' useful.

Trade union rights

The Committee noted with concern the recent adoption of the 2016 Trade Union Act, which has introduced procedural requirements that limit the right of workers to undertake industrial action.

The Committee was also concerned about the shortcomings in the implementation of the Employment Relations Act of 1999 and its Regulation 2010, prohibiting blacklisting of trade union members.

The Committee recommended that the government:

• Thoroughly review the Trade Union Act and that the government take all necessary measures to ensure that, in line with its obligations under article 8 of the Covenant, all workers enjoy their trade union rights without undue restrictions or interference.
• Take all necessary measures to ensure the effective implementation of the Employment Relations Act of 1999 and its Regulation 2010, which prohibit blacklisting of trade union members, and guarantee that all workers that have been blacklisted have access to effective legal remedies and compensation.

Business and economic, social and cultural rights

The Committee welcomed the adoption of the UK's National Action Plan on Business and Human Rights.

However, the Committee was concerned about the lack of a regulatory framework to ensure that companies operating in the UK, as well as companies domiciled under its jurisdiction acting abroad, fully respect economic, social and cultural rights.

The Committee recommended that the government:

• Establish a clear regulatory framework to ensure that company activities do not negatively affect the enjoyment of economic, social and cultural human rights.
• Adopt appropriate legislative and administrative measures to ensure legal liability of companies domiciled under its jurisdiction regarding violations of economic, social and cultural rights in their projects abroad, committed directly by these companies or resulting from the activities of their subsidiaries.
• Conduct thorough risk assessments prior to granting licences for arms exports and refuse or suspend such licences when there is risk that arms could be used to violate human rights, including economic, social and cultural rights.

Read the report in full here