CIPP survey on enforcement of employment rights

08 May 2018

The CIPP survey focuses on two main areas and depending on your experience and views should take no more than 10 minutes to complete. This survey will run until 13 May 2018.

The enforcement of employment rights consultation paper covers a number of different employment subjects and can be read in full at GOV.UK.

Matthew Taylor made a number of recommendations in his Review. The government will be taking action on a number of the recommendations that include:

  • Accepting the case for the state taking responsibility for enforcing a basic set of core rights for vulnerable workers and gathering information to help determine the best next steps

Taylor had recommended that HMRC should take responsibility for enforcing the basic set of core pay rights that apply to all workers that include National Minimum Wage, sick pay and holiday pay for the lowest paid workers.

  • Seeking views on how best to establish a naming scheme for employers who do not pay employment tribunal awards

Taylor had recommended that government should establish a naming and shaming scheme for those employers who do not pay employment tribunal awards within a reasonable time.

  • Increasing the aggravated breach penalty limit to at least £20,000

    The Review had recommended that government should create an obligation on employment tribunals to consider the use of aggravated breach penalties and cost orders if an employer has already lost an employment status case on broadly comparable facts;

The government also accepts that:

  • The enforcement process could be simpler and intends to undertake wide-ranging and comprehensive reforms of the process for civil claims and judgements across the courts and tribunal systems

Taylor had highlighted that government should make the enforcement process simpler for employees and workers by taking enforcement action against employers/engagers who do not pay employment tribunal awards, without the employee/worker having to fill in extra forms or pay an extra fee and having to initiate additional court proceedings;

Further, he believed that government should allow tribunals to award uplifts in compensation if there are subsequent breaches against workers with the same, or materially the same, working arrangements.

  • Strong action should be taken against employers who repeatedly ignore both their responsibilities and the decisions of the employment tribunals – this consultation will help them to consider how to take forward the recommendations from the review

Thank you in advance for your time to complete this survey as your views and experience are extremely valuable to this consultation. If you have any comments that you wish to add on any of the subjects detailed in the consultation paper please email policy marking your email FAO Samantha Mann CIPP senior policy & research officer.

 


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