The Central Arbitration Committee's Approach to Schedule 11 to the Employment Protection Act 1975 and the Fair Wages Resolution 1946

Wood, Penny

doi:10.1093/ilj/7.1.65

Cited by 2 publications

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“…Changes that echo those reported in a number of other studies (see e.g. Cunningham and James, 2014;Pennycook, 2013;Rubery and Urwin, 2011; and which highlight a symmetry with the New Right rationales that informed the externalisation policies of the Thatcher and Major governments, as well as those subsequently pursued by the post-1997 New Labour, Coalition and Conservative governments (Thompson, 2007), and the labour market reforms that were introduced to support them, such as the FWR (Bercusson, 1978), and the repeal of schedule 11 of the Employment Protection Act 1975 (Wood, 1978).…”

Section: Discussionmentioning

confidence: 99%

“…It further stipulated that, in the absence of such trade or industry based provisions, those provided should be no less favourable ‘than the general level of wages, hours and conditions observed by other employers whose general circumstances in the trade or industry in which the contractor is engaged are similar’. Furthermore, by virtue of Schedule 11 of the Employment Protection Act 1975, its requirements were effectively extended across the whole economy through provisions which enabled complaints to be brought on the grounds that an employer was failing to observe ‘recognised terms and conditions’, or, where no such provisions existed, relevant ‘general’ ones (Wood, 1978). The removal of these provisions served to avoid the potential difficulties they created for external, and often non-unionised, providers who wanted to depart significantly from the terms and conditions negotiated nationally in the local authority sector (Atkinson and Lucas, 2013; Cunningham, 2008).…”

Section: Introductionmentioning

confidence: 99%

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Analysing public service outsourcing: The value of a regulatory perspective

Cunningham

James

2016

Environment and Planning C: Politics and Space

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This article draws on findings from two longitudinal case studies of voluntary organisations engaged in delivering social care services via purchaser -provider relations with local authorities. The study focuses on changes to contractual relations, employment conditions in provider organisations and service quality. The article argues the influence of the market on these changes can only be adequately comprehended by rooting the analysis in an understanding of the way in which surrounding regulatory frameworks shape its structure and operation. In doing so, it reveals how in an era of shifting market conditions characterised by greater competition and dramatic local authority cuts, a 'soft' regulatory framework offers little support to partnership relations between voluntary organisations and local authorities.Instead, the regulatory environment undermines financial security among voluntary organisations, degrades employment conditions in them and raises concerns regarding their service quality. Regulation, social care, outsourcing, employment conditions, voluntary organisations IntroductionThe purpose of this paper is to explore the way in which regulatory frameworks shape the structure and operation of the Scottish social care market place and hence influence purchaser -provider relations between local authorities and voluntary sector providers of social care.Previous studies have pointed towards how New Public Management (NPM) has shaped social care markets and thereby prompted detrimental changes to the terms and conditions of 2 employment of workers in voluntary sector providers due to competition and pressures on public sector budgets and price. The same studies have highlighted more tentatively subsequent detrimental consequences for service quality outcomes (Baines, 2004: Cunningham, 2008: Cunningham and James, 2011.Using a longitudinal analysis of two voluntary sector organisations, this paper provides a different conceptual lens through which to explore the employment outcomes flowing from purchaser-provider relations in social care. In particular, it adopts a framework of analysis under which public service outsourcing is conceptualised as a 'regulatory', as well as a 'market', process. That is an approach which recognises the value of theoretical perspectives which acknowledge that the advance of the market does not wholly replace state regulation but rather involves a reconfiguration of regulatory roles, forms and relationships in a way that enhances the position of some (market-based) actors and reduces that of others Martinez-Lucio, 2004 and2005). In adopting this conceptual framework, the paper has three main concerns. The first is to explore how market mechanisms and regulation have changed the economic fortunes of voluntary sector organisations. The second is to investigate the implications of these changing fortunes for employment relationships in voluntary organisations. Finally, the last is to examine the degree to which they are associated with detrimental changes to service quality...

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Section: Discussionmentioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

Analysing public service outsourcing: The value of a regulatory perspective

Cunningham

James

2016

Environment and Planning C: Politics and Space

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The employment contract and unfair contracts legislation

Brodie

2007

Legal stud.

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In 2005, the Law Commissions published a report reviewing unfair contracts legislation in the UK. Where the contract of employment was concerned, the Commissions were of the view that, in short, the status quo should remain. This paper seeks to appraise that position and considers whether an opportunity to bring forward beneficial reforms has been missed. The paper takes cognisance of the legislative scheme in New South Wales, which contains extensive powers where unfair contracts are concerned. It is suggested that, in the UK, the two key issues which need to be addressed are contracting‐out and terms which may be substantively unfair.

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The Central Arbitration Committee's Approach to Schedule 11 to the Employment Protection Act 1975 and the Fair Wages Resolution 1946

Cited by 2 publications

References 0 publications

Analysing public service outsourcing: The value of a regulatory perspective

Analysing public service outsourcing: The value of a regulatory perspective

The employment contract and unfair contracts legislation

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