My understanding is that, at present, we do not. I will come on to issues that are connected with fees.
The introduction of employment tribunal fees, which, of course, is an entirely reserved matter, has had a dramatic impact in Scotland.
The number of single claims received in Scotland from January to June 2013 was 2,118, whereas the number for the same period in 2014, after the fees were introduced, was 880. That marks a reduction of almost 60 per cent in single claims. An area of particular concern is the drop in certain categories of case. For example, unlawful deduction of wages claims reduced by 71.5 per cent and sex discrimination cases declined by 83 per cent. That has been compounded by only 49 per cent of those successful at tribunal receiving payment in full from the employer.
There is a mounting body of evidence detailing the adverse effects of that discriminatory legislation, which is backed up by research by Citizens Advice Scotland and University of Strathclyde entitled “The Price of Justice”. There can be no doubt that it is an appalling state of affairs when protections in law that were long fought for are made meaningless as the vulnerable and those in most need are priced out of access to justice.
The potential transfer of powers in the Scotland Bill gives us an opportunity to consult on new and innovative ways to ensure that employees are supported through the system and they get the money that they are awarded. I will be looking to employers, employees and experts in that field to assess the impact of the fees and to look at new ways to improve fairness at work. We are committed to the principle of abolishing fees for employment tribunals, but we must be absolutely clear on how the transfer of powers and responsibilities would work before we commit to a timescale for that.
The importance of employment rights must not be understated. They serve not only to protect the opportunity and dignity of individual employees, but to strengthen our workforce, workplaces and economy as a whole. They are fundamental protections and liberties, and they enrich democracy across the country.
For employees, joining a trade union, seeking to protect their rights at work and, yes, in some circumstances withdrawing their labour are not only part of those rights but key to safeguarding them. However, the Conservative Government in Westminster is proposing to restrict further those rights, particularly the right to strike, with the introduction of the trade unions bill.
The bill aims to bring about highly regressive reforms, making it more difficult for employees to have their voice heard. We oppose the measures to restrict further the right to strike. Instead of helping unions to ballot more effectively on strike action through measures such as online voting, it will impose a 50 per cent turnout threshold on strike ballots. Far from increasing turnout and democratising the ballot system, the legislation will serve only to make it almost impossible for union members to withdraw their labour, and to suppress and inhibit the capabilities of organised labour.
Indeed, as Scottish Trades Union Congress general secretary, Grahame Smith, rightly pointed out on 27 May, if the same rules were to apply to UK general elections, David Cameron would be unable to govern.
The measures will impose even greater restrictions on employees in essential public services such as health, education, fire and transport. Those are areas where the dedication and commitment of employees should be recognised and applauded. Instead, to sanction and restrict their trade union rights does the UK Government a great disservice.
Trade unions are key social partners that play an important role in sustaining effective democracy in society, particularly in the workplace. The existence of the good employment practices that they promote are a key contributor to economic competitiveness and social justice.
Our memorandum of understanding with the STUC demonstrates our commitment to work inclusively and productively with all key social partners. We will work with them, alongside employers, to ensure that we continue to build sustainable and inclusive economic growth. An example of that is our establishment of the fair work convention, which brings together trade unions, the private sector and the wider public sector. It aims to encourage workforce policies that encourage innovation, higher productivity and better workforce engagement.
It is through positive action and such constructive relationships that we can create a fairer workplace instead of punitively, regressively and unproductively restricting the right of union members to take industrial action. Let us be clear: attacks on our workforce’s rights will be bad for individuals, our economy and democracy in this country.
Those are just two reasons why we believe that employment law should be devolved to Scotland: so that we can protect the rights of employees and so that we can continue to build sustainable economic growth. Over the past year, we have made great steps towards improving fairness, democracy, dialogue, productivity and innovation in our workplaces. There is, of course, more to be done to ensure that those in work are fairly rewarded.
Last week, the First Minister met key industry bodies as part of a living wage summit. The living wage is one of the policies that virtually everyone accepts as being desirable in principle. The agreement that the living wage is the right thing to do is already taking hold in Scotland. The number of Scotland-based living wage accredited employers has grown from 30 at this time last year to more than 200. Scotland now has approximately 13 per cent of the accredited employers in the UK. That is significantly more than our population share. In addition, 81 per cent of Scottish employees are paid at least the living wage compared with 78 per cent across the UK as a whole.
In addition to leading by example through our own living wage accreditation, the Scottish Government is trying to promote and share experiences of employers who now pay the living wage so that it is increasingly seen by both society and employers as the norm. With powers over the minimum wage, we could accelerate the progress in bringing everyone up to that level.
We will also focus our efforts on those who are seeking work. We already deliver a range of employability support services in Scotland. With the devolution of employability support services, I propose to build on the strengths of the employability delivery landscape in Scotland. That is an opportunity to develop our Scottish approach, which reflects our core aims of sustainable economic growth, inclusion, fair work and social justice, and to support those who are seeking work and those who are in work to have access to quality job opportunities.
A lot has been done, but there is still a lot to do, and the Government is determined to do it. The approach that we are taking is in line with a growing international consensus—supported by the International Monetary Fund, the Organisation for Economic Co-operation and Development and many others—that prosperity and fairness are not in opposition to each other but reinforce each other. They are two sides of the same coin. Creating a more equal society will help us to become more competitive.
I will turn briefly to the amendments before I close. We will not accept either. There is a clear line in the sand between what the Conservative Government in Westminster intends and what we could ever agree to, so it will probably come as no surprise to hear that I will not accept Alex Johnstone’s amendment.
All I can say about the Labour amendment is that it is a missed opportunity to forge a joint approach between us. About a third of the demands do not even relate to the responsibilities in my portfolio. Perhaps if, instead of posturing, Labour had come forward with something constructive, I might have been able to accept its amendment, but that will not happen today. It is clear that the amendment that I have seen has a typo in it, as it is missing the line that talks about the devolution of employment law in particular to Scotland. That would be essential to satisfy most of the demands in the amendment.
To deliver what we need in the area of employment rights, we need greater powers for Scotland. We need powers to protect the rights of employees and to deliver more progressive employment legislation that supports innovation, productivity and justice in the workplace. Indeed, that has all been called for by the STUC.
I hope that colleagues in the chamber will be able to support the motion.
I move,
That the Parliament calls for the full and swift devolution of powers over employment law to ensure the protection and promotion of the rights and responsibilities of workers in Scotland; opposes the UK Government’s plans to further restrict the right to strike; encourages employers to pay the living wage; supports effective tackling of unacceptable employment practices, such as exploitative zero-hours contracts; further supports the work of the Fair Work Convention to produce a blueprint for fair work in Scotland that will help to deliver a better deal for workers, and agrees that this should be underpinned by the powers to deliver better employment services and fair access to employment tribunals in Scotland with the support of active and involved trade union representation in a fair, equitable and inclusive Scotland.
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