Last month I wrote about how the proposed changes to Employment Law weren’t about what the Con-Dems spin-doctors said. This month, I’ve a tale of how the present supposedly employee favourable rules can be, and are, ignored – how hire and fire really works.

Many businesses up and down the UK love Poles. They don’t complain. They work whatever hours they’re asked. They get on with the job. That is, usually the jobs the Brits shy away from – no doubt I’ll be criticised for saying that!

Despite their dogged work ethic, they – the Poles – get fired, just like any no-good Brit!

It happens like this.

The job is usually on a factory line, or out in the wilds of East Anglia on a farm, or on a cold winter building plot. The young man – probably in his 20s or 30s, fit, unassuming, spending very little money on a Western-type lifestyle – tears a muscle, or severs a nerve, or fractures a wrist.

He’s allowed to go the doctor – but only when his shift is finished. The doctor says, take time off, and, the doctor advises, don’t do that job, it’ll happen again.

Our Polish young man, being loyal, really wants to get back to work.

A few days later he’s called into the office. He’s asked – through a third party Polish speaker whose a bit cozy with the boss – when is he going to be fit to return to work? Then he’s told, if you’re not back by (let’s say) Friday – it being Wednesday– you can find another job.

The point is simple. The boss knows there’s a queue of Polish young men who’d do the job. The boss cares nothing for our young man. He’s hired labour. The boss also knows the economics don’t work for our Polish labourer to pay a lawyer – nor for the lawyers, there’s no Legal Aid, and no other way of getting paid. Even the not-for-profit organisations can do little – their funding’s been axed.

This is Cameron’s labour market. Disposable labour.

There is only one remedy left for our Polish victim. Sue for the injury.

If the Employment Law rules effective preclude starting an Employment Tribunal (ET) claim, there is at least a good chance of finding a solicitor who will want to succeed in a personal injury claim.

Now our Mr Cameron, and his supporting cast of Con-Dems, want to make it even less attractive to bring ETs.

Their solutions comes in several ways, one of which is to charge fee to start an ET, another is to lengthen the qualifying period for Unfair Dismissal claims to 2 years, another is to exclude entitlement to claim if you work in micro-businesses. There are more proposals under consideration.

There is no new law yet. But there will be. Shortly.

Cameron and his ilk are in power and they sure as hell are going to use it.

Social justice. Access to justice. Challenging concepts for those who have always lived in privilege.

I’m not a socialist.

I do not accept that The State is the answer to anything. Nor do I accept that the market-driven cut-throat world of business is a model that should dictate policy. Budget deficits. Debt. Recession. Unaffordable pensions. Excessive welfare costs. Colossal NHS spend. These are all issues that must be faced. But. Yes. There is a very big BUT. People must be given value. All people.

John Holtom

The image for this post is borrowed from the National Archives – here’s the link to the page if you would like to see more:

http://www.nationalarchives.gov.uk/education/prisoner4099/img/photo-oakum-enlarge.jpg

Article posted on Thursday, December, 22nd, 2011 at 10:20 am

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