Tony Dubbins says that laws to protect agency workers must be just a first step in a new direction for the Government
FOR the trade unions affiliated to the Labour Party, legislation to regulate the agency market is absolutely vital. We believe such legislation is necessary not only to ensure that agency workers receive the proper rate for the job and prevent permanent employees’ collectively bargained rates of pay being undermined. It would also signal a significant change in the direction of the Government.
Equal treatment for agency workers was an important element of the Warwick Agreement reached between ministers and unions before the last general election. As part of those negotiations, it was agreed that the Government would support the principles of a European Union Directive on Temporary and Agency Workers and, if this failed to progress, it would introduce primary domestic legislation. This commitment became a manifesto pledge. However, nearly four years on, we are still arguing the principle, let alone the content of such a bill.
The Trade Union and Labour Party Liaison Organisation is not opposed to agency working. We recognise that equal treatment for agency workers will not prevent employers or workers from using agencies and that agency working covers a large variety of jobs, from highly-paid IT staff to low-paid workers in the agriculture, manufacturing or call centre sectors. We also recognise that, in some instances, agency workers may receive more than directly employed staff.
Nevertheless, there are undoubtedly widespread abuses, and equal treatment legislation would not prevent those who prefer to work through an agency from being able to do so. It would simply mean that agency workers received the same rate for the same job or similar job. The argument that a law to protect agency workers will cost jobs or damage the agency working sector is as spurious as those previously used against the introduction of the national minimum wage.
We are not against flexibility, but we are witnessing the casualisation of work and the abolition of permanent jobs on an unprecedented scale. This is not confined to seasonal workers or flexible contracts. It is endemic across British workplaces, in both the private and public sectors.
But this is not just about morality and the economic rationale. There is also a clear political imperative to act. Agency working is a problem throughout the country – in every region and every constituency and, in particular, every marginal constituency. Legislation to protect the wages of working people from undercutting by agencies will be popular at the ballot box.
The Government estimates that there are 1.4 million agency workers in Britain, although many observers believe this masks the true scale of the matter. Those workers represent a critical mass. Although they do not have employment rights, they still can vote in a general election. Compare this with the CBI which does not have a single vote, but which carries considerable sway amongst Labour ministers. This is both a political and economic issue and, given the failure of the EU to progress a directive on it, the Government must legislate before the next general election.
This is a defining moment for the Labour Government. It is a chance to seize the political agenda and legislate to protect many of the very people who should form the bedrock of Labour support. The alternative is to leave this issue open to the far right and allow its representatives to continue to exploiting the genuine fears of working people as a rallying point for racism.
We are confident that more than enough Labour MPs will be in the House of Commons Chamber on February 22 to ensure that Andrew Miller’s Private Members Bill is carried through to the committee stage.
But this is only the start of our campaign, which must represent a new direction for Labour’s policy agenda. This must be a direction that appeals to our core voters in both heartland constituencies and marginal seats. The Labour Government must recognises that its overwhelming responsibility is to the people and not the City or corporate interests. Here is the opportunity for the Government and Labour MPs to demonstrate that commitment.
Our vision is for a new Labour agenda that appeals once again to heartland supporters and to Labour Party and trade union members. This agenda would include action to make accountable the private equity industry, and end the opt-outs from the EU reform treaty that means that British workers can be treated as second class citizens in Europe. It’s high time to progress the outstanding issues on the last Warwick Agreement and to begin negotiations for the next.
Legislation for the equal treatment of agency workers is essential, but it’s just the start of the creation of a fair and balanced employment rights agenda.
Tony Dubbins is chair of the Trade Union and Labour Party Liaison Organisation
