Working For Two Masters Case Dismissed
March 25 saw the High Court dismiss the idea that the University of London (and others like it) should be considered a 'de facto' joint employer of those working...
Read Full ArticleThe IWGB union is to demand a judicial review in a groundbreaking outsourced workers' rights case - the same union which helped illegally storm the offices of Ernst & Young on April 9.
The Independent Workers of Great Britain is arguing that denying outsourced workers the right to collectively bargain with their 'de-facto' employer, the University of London, is a breach of Article 11 of the European Convention on Human Rights.
A long running dispute with UCL and service provider Cordant eventually led to the government's Central Arbitration Committee (CAC) - which found no reason to hear the case but declaring UCL not to be a de-facto employer.
The IBWG employs (with a substantial pro bono element) some of London's finest lawyers has filed a claim for a judicial review in the High Court that would force the CAC to hear the case that would introduce the concept of a joint-employer to the UK. If the case were successful, UCL would also have to allow the union to have collective bargaining rights with them as well as with Cordant who do recognise the union.
Background
In November, the IWGB brought a case to the CAC to require the University of London to recognise the union for the purposes of collective bargaining on behalf of some of its outsourced workers.
The law to date has been interpreted as only allowing workers to collectively bargain with their direct employer, in this case facilities management company Cordant. But, if successful, the test case would open the doors for workers throughout the UK to collectively bargain with their de-facto employer as well as their direct employer, introducing the concept of a joint-employer to UK law.
The IWGB is arguing that denying the outsourced workers the right to collectively bargain with the university, which is their de-facto employer, is a breach of article 11 of the European Convention on Human Rights.
The proposed collective bargaining unit would include security officers, porters and post room workers.
The case is being backed by The Good Law Project.
Glorified middle men
IWGB General Secretary Dr Jason Moyer-Lee said: “Low paid outsourced workers across the country routinely have their pay and terms and conditions decided by their de-facto employers, whose premises they clean or maintain. In this set-up the contractors are often little more than glorified middle men. For the collective bargaining rights of these low paid workers to mean anything, they must be able to negotiate with the actual decision maker.”
Faceless outsourcing
The Independent Workers of Great Britain is arguing that denying outsourced workers the right to collectively bargain with their 'de-facto' employer, the University of London, is a breach of Article 11 of the European Convention on Human Rights.
A long running dispute with the University of London and service provider Cordant eventually led to the government's Central Arbitration Committee (CAC) - which found no reason to hear the case but declaring the University not to be a de-facto employer.
The IBWG employs (with a substantial pro bono element) some of London's finest lawyers has filed a claim for a judicial review in the High Court that would force the CAC to hear the case that would introduce the concept of a joint-employer to the UK. If the case were successful, the University would have to allow the union to have collective bargaining rights with them as well as with Cordant who do recognise the union.
Background
In November, the IWGB brought a case to the CAC to require the University of London to recognise the union for the purposes of collective bargaining on behalf of some of its outsourced workers.
The law to date has been interpreted as only allowing workers to collectively bargain with their direct employer, in this case facilities management company Cordant. But, if successful, the test case would open the doors for workers throughout the UK to collectively bargain with their de-facto employer as well as their direct employer, introducing the concept of a joint-employer to UK law.
The IWGB is arguing that denying the outsourced workers the right to collectively bargain with the university, which is their de-facto employer, is a breach of article 11 of the European Convention on Human Rights.
The proposed collective bargaining unit would include security officers, porters and post room workers.
The case is being backed by The Good Law Project.
Glorified middle men
IWGB General Secretary Dr Jason Moyer-Lee said: “Low paid outsourced workers across the country routinely have their pay and terms and conditions decided by their de-facto employers, whose premises they clean or maintain. In this set-up the contractors are often little more than glorified middle men. For the collective bargaining rights of these low paid workers to mean anything, they must be able to negotiate with the actual decision maker.”
Faceless outsourcing
The Good Law Project founder Jolyon Maugham QC said “There are many ways bad employers dodge the cost of workers' rights and outsourcing can be one of them. The treatment of workers with modest bargaining power and little influence, can be hidden from view but it shouldn't be hidden from the law through the use of faceless outsourcing companies. I'm proud to be supporting this case that will ensure that domestic law protects the human rights of some of the most vulnerable workers in the UK.”
Picture: Outsourced workers at the University of London have been campaigning since September to be made direct employees of the university and plan to stage the biggest ever outsourced workers strike in the history of UK higher education on 25 and 26 April.
The Good Law Project founder Jolyon Maugham QC said “There are many ways bad employers dodge the cost of workers' rights and outsourcing can be one of them. The treatment of workers with modest bargaining power and little influence, can be hidden from view but it shouldn't be hidden from the law through the use of faceless outsourcing companies. I'm proud to be supporting this case that will ensure that domestic law protects the human rights of some of the most vulnerable workers in the UK.”
Picture: Outsourced workers at the University of London have been campaigning since September to be made direct employees of the university and plan to stage the biggest ever outsourced workers strike in the history of UK higher education on 25 and 26 April.
Article written by Brian Shillibeer | Published 11 April 2018
March 25 saw the High Court dismiss the idea that the University of London (and others like it) should be considered a 'de facto' joint employer of those working...
Read Full ArticleHundreds of workers took to the streets in London to demonstrate against outsourcing, causing havoc as they marched from venue to venue to join strikers on picket lines...
Read Full ArticleSoon to be made redundant ISS cleaners and rent-a-mob unionistas stormed Ernst & Young's offices last night forcing a shut-down and evacuation. The Independent...
Read Full ArticleHaving just been awarded contracts with a total value of £1.1 billion, OCS and Engie will be disappointed to learn that strike action could be called before they...
Read Full ArticleThe IWGB's campaign against London universities has moved from University of London to focus on University College London. The union is balloting hundreds of...
Read Full ArticleA strike planned for August 26 was called off after Bradford Teaching Hospitals agreed with Unison to delay plans to form Bradford Healthcare Facilities Management Ltd...
Read Full ArticleASDA, Heathrow and now Liverpool’s John Lennon airport have all been struck with strike threats as two separate unions encourage low paid manual workers to take...
Read Full ArticleGeorge Clooney's exclusive Mayfair Club, where he goes when in London and which is patronised by billionaires and other A-listers, is to be struck by a strike by...
Read Full ArticleMore days of strike action are to be held by PCS members working for Interserve at the Foreign and Commonwealth Office. Meanwhile the union is up in arms at having to...
Read Full ArticleTuesday April 30 saw three London hospitals hit by protests over pay involving porters, cleaners and domestic staff who work for Sodexo. The protests could escalate to...
Read Full Article