StoneHappyMonday
Bluelighter
- Joined
- May 10, 2001
- Messages
- 18,084
Yep agree. I didn't reply to SHM on speaking tosh. However as someone who has employed across EU the UK employee rights and tribunal system is by far the most protective of the worker in Europe bar France.
The point is most people are not aware of their employment law rights, in main thanks to the destruction of unions in this country. Much of UK employment law which is now seen as workplace norms originated from the EU in the first place - again because we had our unions destroyed who used to fight for these things for us. A good example of this is in relation to discrimination law. The EU framework directive on discrimination in 2000 significantly changed UK law, introducing new protected categories so employers cannot now discriminate based on age, sexual orientation or religion.
And there are other examples: the outlawing of discrimination based on being a part-time, or fixed-term worker, the right to rest breaks, paid holiday, and leave for working parents all derive from EU directives. Sure, there are many areas of UK employment law that do not derive from Europe, and therefore would not be affected by a Brexit. These include unfair dismissal protection, the national minimum wage, and unlawful deductions of pay. Furthermore, laws promoting equal pay and banning race discrimination both pre-date the UK’s membership of the EU. In some cases, the UK has even enhanced the rights given to workers which goes beyond what was required by European directives. For example, the right to shared parental leave, and to request flexible working, are domestic in origin. I am not denying this. But there are areas of employment law reinforced by Brussels which are under threat from Brexit.
Amongst these are; The working time directive places a restriction of a maximum 48-hour working week. There are also provisions which determine paid holiday, and minimum rest periods. With recent case law allowing staff to have the right to carry forward holiday while off sick, and the need to include overtime and commission payments in holiday pay, the law in this area has become complex and uncertain, and the government may want to impart a greater discretion to employers.
There may be an introduction of a compensation cap on successful discrimination claims, which is presently unlimited (unlike unfair dismissal claims which does have a statutory cap, and probably because - going back to my original point - a hell of a lot of claims never get made due to ignorance of the system and lack of representation due to lack of unionism). As you don’t require a minimum of two years’ service to make a claim for discrimination (unlike in unfair dismissal claims), employers are seriously exposed to financial and reputational risk as soon as a claim is made. So this may change.
The agency workers directive confers certain basic employment rights on agency workers similar to those enjoyed by permanent employees, and there are also record keeping requirements. They are highly unpopular by employers and it is widely believed that this will be the first employment law area to be rolled back following a Brexit.
The Capital Requirements Directive introduced changes which included a cap on bonuses for certain bankers. The directive imposes a limit that means the bonus cannot be more than the amount of the yearly salary, which can rise to up to two times the salary with shareholder approval. The government doesn’t like it, because it constrains the freedom of the banks to determine pay, which could put them at a disadvantage when hiring top staff compared with banks in the US or the far east.
Anyway, sorry Boa, I can't agree, from what I know, that German workers have less rights than Brits. Relations between German employers and employees are extensively regulated under German labour and employment law. German labour and employment law is strongly biased in favour of employees and is probably best referred to as the “employee protection law”.
In Germany, there is no such thing as “employment at will”. By law, German employees must have written employment contracts that reflect the key aspects of the employment relationship (e.g., parties to the contract, work to be performed, gross salary and benefits, vacation, starting date of employment, place of performance, notice periods). How many UK workers have written contracts? I suggest the number is much smaller, let alone being mandatory by law. Not to mention the majority being zero hours.
Tinfoil hat time. Why was June chosen as the best time? Usually because it's the point at which the currency and stock markets are the lowest
For the last 5 years. October, May, June, August, January. Take the tin foil hat off.
http://www.londonstockexchange.com/.../summary/summary-indices-chart.html?index=ASX