Zero Hours Contracts in Scotland: Interim Report - HC 654


Book Description

Zero hours contracts and other forms of casual labour can benefit workers and employers in Scotland but the Scottish Affairs Committee's inquiry has shown that, too often, the relationship is unbalanced, leaving the employer with all of the flexibility and few costs and the worker in fear of dismissal, denied access to due rights of employment and, in some cases, earning less than the minimum wage. The Government recognises that poor practice exists and needs to be addressed but the UK Government's consultation on zero hours contracts was too narrow. The Government must do more to protect workers who wish to challenge unfair, unsafe or unlawful conditions of employment. Workers should be told from the outset of their employment what type of contract they are on and a written contract setting out the terms and conditions must follow within two months. There should be a minimum notice period of work and workers should not be punished for turning down offers of work made within that period. Where workers arrive for work but find none available then the employer should compensate them for the inconvenience. Travel time between appointments should be paid and pay for zero hours workers should accurately reflect the number of hours that are worked to fulfil contracted duties. The recommendations will improve the working conditions of people on zero hours contracts but the Committee's overriding conclusion is that, in the majority of cases, zero hours contracts need not and should not be used at all.




HC 1292 - The Impact of the Bedroom Tax in Scotland: Developing the DHP Cap


Book Description

The Committee calls once more for a clear commitment from the Scottish Government that it will use its chosen method of mitigating the effects of the bedroom tax - Discretionary Housing Payments or DHPs -- to mitigate all the financial impact of the bedroom tax, both past and present, on tenants in Scotland. The Government confirmed in a letter to the Committee, from David Mundell MP, that Scottish Ministers will be allowed to set the statutory cap on DHPs in Scotland, allowing them to increase the amount paid through DHPs to cover all of the loss caused by the bedroom tax if they choose to. The Committee welcomes this, and the Scottish Government's commitment to make additional funding available for mitigation. The Committee says both Governments should expedite the necessary procedures which will enable the Scottish Government to lift the cap on DHPs in Scotland as quickly as possible.




HC 928 - Impact of the Closure of City Link on Employment


Book Description

There will always be those who lose out when a company goes into administration and cannot cover all of its debts. However, the current system does not represent the appropriate balance, since those who have given secure credit to a company are cushioned from the full impact of an insolvency, because the losses are borne by those who work for a company on a self-employed basis, or as contractors or suppliers. Under the current rules it is clearly in the financial interest of a company to break the law, and ignore the statutory redundancy consultation period, if the fine for doing so is less than the cost of continuing to trade, especially since this fine will anyway be paid by the taxpayer. However, while the financial calculation is simple, ignoring the consultation period has a high human cost that appears not to have featured in the decision making process at City Link. Employees were denied a reasonable notice period in which to seek alternative employment and instead, at a time of financial uncertainty, have to pursue a court claim for lack of consultation if they wish to be compensated. While there were differences of opinion as to whether or not City Link could be made viable, and the desired level of return could be achieved, the Committees regret that Better Capital felt its investors' interests could only be protected at the expense of the future of City Link and continued employment for its workers




HC 484 - Power Outages and Extreme Weather Conditions in the West of Scotland


Book Description

The local authority and power company response to the severe weather of 2013 in Kintyre, Arran and Wigtownshire shows that important lessons have been learned and improvements put in place since the Committee last reported on this issue, in August 2012. The Committee is satisfied that all three councils affected by the severe weather have in place robust contingency planning for emergencies, which proved effective. Crucially, the compensation for those left without power - with all the damage that can cause - has been brought into line with the rest of the country. The Committee's conclusion's included that: emergency plans should prioritise accessing mobile phone base stations to restore lost signals; the A83 is a vital artery for the Kintyre peninsula and the decision to upgrade it to a trunk road is an important one, as this will allow the resources of Transport Scotland to be deployed to keep it open during extreme weather conditions; the new Hunterston-Kintyre transmission line will mean there will be two transmission lines serving the Kintyre peninsula, so the failure of one of the lines will not see Kintyre & Arran cut off from the power network; and caring for vulnerable members of the community is another statutory responsibility of local authorities: local authorities have done a great deal of work to expand their databases and identify those who are in need but councils should also do more to support the community groups that are engaging local people in the process of caring for the vulnerable




HC 1241 - The Referendum on Separation for Scotland: Scotland's membership of the EU


Book Description

Today Scotland's interests in the European Union are represented by the UK which, as one of the largest Member States, has the voting power and leverage to influence decisions to the benefit of Scotland. In leaving the UK, a separate Scotland would lose this advantage. A separate Scotland is likely to have its application to join the EU accepted - but not within the self-imposed timetable of 18 months, nor with the terms, that the Scottish Government is proposing. The proposal that Article 48 of the Treaty on European Union could be used to provide for Scottish membership is not supported by any other EU state; senior EU figures have ruled it out and it is opposed by the United Kingdom Government - which would, under this process, have to initiate it. The additional and exceptional demand for the ability to discriminate against UK students with respect to tuition fees would be voted against by the UK Government and is therefore almost certain not to be met. Furthermore, insufficient attention has been paid to the need to negotiate the UK's retention of VAT zero rating on a wide range of goods. As a separate Member State, not only would Scotland cease to benefit from the UK rebate (currently worth in the region of £300 million per year to Scotland) but it would have to contribute to it. In these circumstances Scottish voters need a more realistic alternative perspective of how joining the EU would be achieved, and what its likely terms and timetable would be.




Labour Market Policies in the Era of Pervasive Austerity


Book Description

This book investigates the changing patterns of labour market and unemployment policies in EU member states during the period since fiscal austerity took hold in 2010 during the deepest postwar recession in Europe. Looking at the big European picture, do we see a convergence or a divergence in labour market and unemployment policy trends and outputs? Has labour market insecurity increased or decreased and can these changes be associated with the observed changes in labour market policies and macroeconomic conditions? Written by leading experts in the field, the book provides detailed national case studies from across the EU, which span labour market regimes and intensities of fiscal pressures to explore whether, and if so how, retrenchment or expansion have taken place across different types of labour market policies and how these changes have been distributed across the well-protected and the less well-protected labour market populations.




The Constitution of Social Democracy


Book Description

This book is based upon the papers written by a group of leading international scholars on the 'constitution of social democracy', delivered at a conference to celebrate Professor Keith Ewing's scholarly legacy in labour law, constitutional law, human rights and the law of democracy. The chapters explore the development of social democracy and democratic socialism in theory and political practice from a variety of comparative, legal, and disciplinary perspectives. These developments have occurred against a backdrop of fragmenting 'traditional' political parties, declining collective bargaining, concerns about 'juristocracy' and the displacement of popular sovereignty, the emergence of populist political movements, austerity, and fundamental questions about the future of the European project. With this context in mind, this collection considers whether legal norms can and should contribute to the constitution of social democracy. It could not be more timely in addressing these fundamental constitutional questions at the intersection of law, democracy, and political economy.




HC 571 - Our Borderlands - Our Future: Final Report


Book Description

This inquiry investigates key issues that affect the daily lives of those people who live in the south of Scotland. The Committee held informal seminars in Galashiels, Peebles and Dumfries, in May and June 2014, in order to identify the key issues facing businesses, communities and individuals in the south of Scotland. Several of the issues raised in the meetings focused on the social and economic needs of the residents of the south of Scotland, many of which related to devolved functions which are the responsibility of the Scottish Government. However, some crucial issues were raised which were a direct consequence of the policies and responsibilities of the UK Government, specifically for example, in relation to employment issues. The inquiry will seek to examine the bigger picture, and to address two central questions: i) Are the current structures working as effectively as they could for the benefit of the people of the south of Scotland? ii) How can the UK and Scottish Governments work together with Local Authorities to deliver appropriate and effective policies to support economic development and growth in the south of Scotland?This document sets out the specific terms of reference for the inquiry, raising questions and issues on which the Committee would welcome written evidence.




Core and Contingent Work in the European Union


Book Description

Labour and social security law studies have addressed the topic of the decline of the standard employment relationship mainly from the point of view of the growing number of atypical relationships. Only a limited number of studies have examined the issue from the perspective of the differentiation between core and contingent work. Such an examination is necessary as the increase in contingent work leads to complicated legal questions which vary between European states depending on the type of contingent arrangements that have become most prevalent. This book analyses, using a comparative approach, these different types of contingency from a national and EU perspective touching on the work relationship from a labour as well as a social security point of view. The aim of the book is to identify and analyse those questions adopting an innovative approach and to put forward proposals for safeguarding social cohesion within undertakings and European society.




HC 1130 - Legacy Report


Book Description

In this report the Committee has set out key elements of its work over the 2010-15 Parliament. The Committee believes that it is crucial that select committees follow up their work and do not simply see the publication of a report as the end of the process of scrutiny. Scrutiny should not end with the Dissolution of Parliament. The Scottish Government was clear that the 2014 referendum on independence would be a once generation event, but that does not mean that the relationship between Scotland and the rest of the United Kingdom will remain unchanged. The recommendations of the Smith Agreement will be implemented during the course of the next Parliament. The major package of legislation, and the revised fiscal framework that will accompany it, will require careful and detailed scrutiny, as will any proposals to go further that the Smith Commission envisaged.




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