2022
DOI: 10.1111/irj.12362
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The influence of ‘soft’ fair work regulation on union recovery: A case of re‐recognition in the Scottish voluntary social care sector

Abstract: This longitudinal case study contributes to debates concerning how 'soft' and 'hard' forms of regulation can interact to contribute to the advancement of worker rights. More specifically, the article explores the contribution of Scotland's soft fair work (FW) programme and the UK's hard statutory recognition procedure to union re-recognition in a voluntary sector social care provider. In combination, hard and soft regulations are found to have added breadth to the pressures for re-recognition exerted by the un… Show more

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Cited by 3 publications
(3 citation statements)
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“…We should not therefore dismiss charters out of hand but rather should seek to understand the conditions under which they emerge, expand and spread across different localities, as well as critically analyse their strengths and limitations. We argue that employment charters are a potentially important demand side intervention around job quality (Cunningham et al ., 2022; Osterman, 2008) that may deliver durable and generalised benefits beyond single-issue campaigns (Galvin, 2016). However, in a UK context they are also potentially another form of employer-friendly soft regulation that simply accredits or kitemarks responsible businesses outside of formal collective bargaining structures.…”
Section: Discussionmentioning
confidence: 99%
See 1 more Smart Citation
“…We should not therefore dismiss charters out of hand but rather should seek to understand the conditions under which they emerge, expand and spread across different localities, as well as critically analyse their strengths and limitations. We argue that employment charters are a potentially important demand side intervention around job quality (Cunningham et al ., 2022; Osterman, 2008) that may deliver durable and generalised benefits beyond single-issue campaigns (Galvin, 2016). However, in a UK context they are also potentially another form of employer-friendly soft regulation that simply accredits or kitemarks responsible businesses outside of formal collective bargaining structures.…”
Section: Discussionmentioning
confidence: 99%
“…However, the lack of devolved decision making powers may mean that local initiatives rely largely on soft power rather than legal compulsion or joint workplace regulation. One prominent initiative is Scotland's Fair Work Convention, sponsored by the Scottish National Party, that contains five dimensions covering worker voice and explicit support for collective bargaining, as well as security, respect, opportunity and fulfilment, but largely relies on the soft power of persuasion and the business case of “mutual gains” partnerships rather than hard legal regulation (Cunningham et al ., 2022). In this paper we analyse the case of the Greater Manchester Good Employment Charter, a similar soft regulation initiative, that incorporates seven elements of “good” employment.…”
Section: From Ideas To Action: Issue Framing Mobilising Structures An...mentioning
confidence: 99%
“…These included the ability of providers to maintain integrated pay structures, the differentials existing between different categories of staff, the way in which night-time care was organised, and the balance between front-line and back office staffing. They also included, more fundamentally, the financial challenges that providers reported facing in paying the SLW against the background of ongoing local authority attempts to cut contract prices: a finding that therefore echoed recent evidence of a growing incidence of voluntary sector providers either handing back contracts, or not tendering for them, on the grounds that they are not financially viable (Cunningham et al, 2019).…”
Section: Discussionmentioning
confidence: 99%