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Unpaid overtime remains a pervasive issue in the UK, with workers collectively contributing billions of pounds' worth of free labour, according to a recent analysis by the Trades Union Congress (TUC). Released on the occasion of the TUC's 20th annual Work Your Proper Hours Day on February 23rd, the findings shed light on the extent of unpaid work across various sectors and regions.

The TUC's analysis unveils staggering figures: UK employers benefited from £26 billion of unpaid labour in the past year alone, with millions of workers dedicating significant hours beyond their contracted time without compensation. In 2023, an estimated 3.8 million individuals engaged in unpaid overtime - averaging 7.2 additional hours of work per week. For these workers, this translates to an average loss of £7,200 annually in unpaid wages - a substantial financial burden borne by employees across the country.

The report highlights the prevalence of unpaid overtime across different occupations, with teachers emerging as one of the most affected groups. Notably, 40% of teachers reported doing unpaid overtime, contributing an average of 4.4 additional hours per week. This underscores the challenges faced by educators and the strain placed on the education system, which relies on their unpaid efforts to meet demands.

Daniel Kebede - General Secretary of the National Education Union - said:  

“No teacher wants to be topping the charts for unpaid overtime, but this, sadly, is the point the profession has now reached. The Government is currently benefiting from 5.5 million unpaid hours from teaching professionals alone.”

Additionally, the analysis exposes a concerning trend in the management of senior staff responsibilities. Chief executives, managers and directors feature prominently among those engaging in unpaid overtime, indicating issues in workload management and employer-employee relations. Despite their elevated roles, these professionals often find themselves compelled to work beyond contractual hours without adequate compensation or support.

The disparity between the public and private sectors further underscores the inequities in unpaid labour practices. Public sector workers, comprising one in six employees, contributed significantly to unpaid overtime, amounting to £11 billion in lost wages. This disparity in overtime culture reflects broader challenges within the public sector, where employees frequently exceed their contracted hours to meet service demands, often at personal expense.

Regional disparities also come to the forefront, with London recording the highest proportion of workers engaging in unpaid overtime at 18.8%, compared to the national average of 13.2%.

The implications of unpaid overtime extend far beyond monetary losses, encompassing adverse effects on employee well-being, productivity and work-life balance. The TUC's Work Your Proper Hours Day serves as a reminder of the importance of upholding workers' rights, promoting healthy work practices, and fostering supportive workplace environments.

The results of the world's largest-ever four-day working week trial in the UK have been revealed, indicating a resounding success for the majority of participating companies.

A year after the six-month pilot, 89% of the 61 organisations are still operating on the four-day work week, with 51% making the policy permanent. The findings, presented by the thinktank Autonomy - in collaboration with the University of Cambridge, the University of Salford and Boston College - showcase the tangible benefits that this innovative approach has brought to both employers and employees.

According to the report, over half of project managers and CEOs (55%) reported a positive impact on their organisations. Notably, 82% acknowledged improvements in staff wellbeing, 50% observed a reduction in staff turnover and 32% noted an enhancement in job recruitment. Almost half (46%) stated that working and productivity levels had improved since the adoption of the four-day work week.

Author Juliet Schor - Professor of Sociology at Boston College - emphasised the "real and long-lasting" effects of the policy, with significant improvements noted in physical and mental health, as well as work-life balance.

The report highlighted that 96% of staff experienced personal life benefits, while 86% felt they performed better at work. Additionally, 38% believed their organisations had become more efficient and 24% noted the policy had facilitated their caring responsibilities.

On average, organisations reduced working hours by 6.6 hours, resulting in a 31.6-hour working week. Most companies granted their staff one full day off a week, either universally or staggered. The report emphasised that protected days off were more effective than those where staff were "on call" or sometimes expected to work.

Challenges encountered by some companies included adapting to clients and stakeholders who were not accustomed to the four-day work week and addressing potential disparities in policy implementation that led to resentment among certain staff members.

The study revealed a substantial decline (57%) in the likelihood of employees quitting, significantly improving job retention. The number of sick days taken during the trial fell by about two-thirds and 57% fewer staff left participating firms compared to the same period a year earlier. Furthermore, key business metrics indicated positive effects, with companies' revenue remaining broadly the same and even rising by an average of 1.4%.

The success of the four-day work week trial in the UK - as demonstrated by the overwhelming majority of companies embracing and even making it a permanent policy - suggests a transformative shift in the traditional work model. The positive impact on employee wellbeing, retention and overall productivity provides a compelling case for considering a nationwide adoption of a four-day work week.

Joe Ryle - Director of the 4 Day Week Campaign - said:

“This is a major breakthrough moment for the movement towards a four-day working week.

“Across a wide variety of different sectors of the economy, these incredible results show that the four-day week with no loss of pay really works.

“Surely the time has now come to begin rolling it out across the country.”

Since its inception in 1993, Protect has been at the forefront of advocating for whistleblowers across the UK. The charity's commitment to providing practical and legal assistance to those who speak up against workplace injustices has significantly impacted the lives of thousands of individuals over the years.

In 2023, Protect witnessed a surge in cases, handling a total of 3,047, marking a notable 23% increase from the previous year.

Protect assists individuals from all sectors and walks of life. In 2023, the majority of calls originated from the private sector (42%), closely followed by the public (24%) and charity (23%) sectors. These calls emanated from diverse industries, with health and social work (30%), education (15%) and financial services (7%) being the most prominent.

One of the most striking revelations from Protect's data is the demographic of individuals reaching out for assistance. Contrary to popular belief, nearly half of the callers (44%) reported an annual income below £30,000, challenging the stereotype that whistleblowers are predominantly high-ranking executives within large corporations. Instead, many are frontline workers, including those in hospital wards and small charities, expressing concerns about patient safety and the well-being of vulnerable individuals.

The experiences shared by those who reached out to Protect underscore the challenges faced by whistleblowers in the workplace. A significant portion of callers (41%) reported that their concerns had been ignored by their employers, while others found themselves embroiled in investigations (21%) or dismissed outright with claims that their concerns were invalid (15%).

Central to Protect's mission is its confidential legal Advice Line, staffed by legally trained advisers operating under the supervision of qualified solicitors. For over three decades, the charity has been instrumental in ensuring that whistleblowers understand their legal rights and are protected from retaliation by their employers. Upon contacting Protect, individuals are connected with dedicated advisers who provide guidance on how to navigate the complexities of whistleblowing, offering online templates for legal claims and ongoing telephone and email support.

The importance of Protect's work cannot be overstated, particularly in light of the increased demand for whistleblower protection and advocacy. In 2023, the charity experienced a 48% surge in calls from the health and social work sector alone, highlighting the urgent need for mechanisms to safeguard the rights of those who speak out against wrongdoing.

Elizabeth Gardiner – Protect’s Chief Executive – stated:

“With high profile whistleblowing cases I the media….it’s o surprise we’re seeing more calls to our confidential whistleblowing Advice Line.

We should be pleased that so many people are coming forward and speaking up in their workplace to stop harm. Whistleblowers are a valuable resource to employers and protect the public interest by holding organisations and governments to account.”

The Financial Conduct Authority (FCA) has initiated a comprehensive investigation into the prevalence of sexual harassment, discrimination and other forms of non-financial misconduct within the financial sector. This move comes in response to mounting concerns and complaints regarding the treatment of victims and the culture of silence that often surrounds such incidents.

In January, the FCA briefed Members of Parliament about several cases of sexual harassment and misconduct within the finance industry. The agency highlighted the limitations of its powers in addressing these issues and committed to concluding its investigation by the middle of the year.

As part of its investigative efforts, the FCA has issued Section 165 notices to over 1,000 banks, insurance firms and brokerages, compelling them to disclose information on recorded cases of misconduct since 2021. These notices require firms to provide data on the detection of incidents, outcomes, including any non-disclosure agreements (NDAs) and employment tribunal hearings and the involvement of senior managers. Additionally, the FCA seeks to understand where these incidents occurred, whether in the office, while working remotely, or in social situations related to work.

The decision to compel disclosure underscores the seriousness with which the FCA is approaching the issue of misconduct within the financial sector. Firms that fail to comply with the Section 165 notices risk facing public censure, fines, or searches of their premises. Importantly, the notices override any existing NDAs, ensuring that firms cannot use confidentiality agreements to withhold information.

The FCA's initiative reflects a broader recognition of systemic issues within the financial industry. Despite efforts to promote diversity and inclusion, reports of sexual harassment and discrimination persist, contributing to a toxic work environment for many employees. The recent allegations against prominent figures like hedge fund founder Crispin Odey and Confederation of British Industry officials have further highlighted the pervasive nature of misconduct within the sector.

The FCA's engagement with firms like Lloyd's of London and its collaboration with the Treasury Committee demonstrate a commitment to addressing these issues head-on. By encouraging victims to come forward and share their experiences anonymously, regulators aim to shine a light on the realities faced by many individuals working in finance.

Moving forward, the FCA's investigation will provide valuable insights into the extent of misconduct within the financial sector and inform regulatory measures aimed at addressing these issues. By holding firms accountable for their handling of non-financial misconduct and promoting a culture of respect and equality, regulators can help create a safer and more inclusive workplace for all employees.

A recent survey conducted by Ciphr - a prominent HR and payroll software provider in the UK - sheds light on the perceptions surrounding employee productivity within British workplaces. The survey, which polled 1,000 employed adults across various organisations, offers intriguing insights into how workers perceive their own productivity, as well as that of their colleagues and departments.

According to Ciphr's findings, a staggering 92% of respondents view themselves as productive or very productive. However, when asked to assess the productivity of other departments - particularly HR, marketing and senior management - the sentiment takes a noticeable dip. Only 62% of employees regard their HR department as productive or very productive, marking it as the least productive department among those surveyed.

These statistics underscore a significant discrepancy between self-perception and external assessment of productivity in the workplace. While employees tend to rate themselves highly, they express more scepticism when evaluating the productivity of their colleagues and departments they have less contact with.

The phenomenon of proximity bias appears to play a pivotal role in shaping these perceptions. Employees tend to favour individuals and teams they interact with regularly, potentially overlooking the contributions of departments like HR and senior management, whose work may be less visible on a day-to-day basis.

Interestingly, the survey also reveals disparities in perceptions between in-person and remote workers. While 82% of in-person employees believe their colleagues are productive, only 52% extend the same sentiment to fully remote workers, highlighting a level of distrust directed towards remote work arrangements.

Furthermore, Ciphr's research establishes a strong correlation between perceived productivity and employee experience. Workers who consider themselves very productive tend to report higher levels of engagement, job satisfaction and loyalty to their organisations. Conversely, those who perceive themselves as neither productive nor unproductive express lower levels of engagement and satisfaction, indicating a potential link between productivity and overall workplace morale.

However, it is important to note that productivity remains subjective and can vary greatly depending on individual roles and responsibilities. While many employees rate themselves as highly productive, it's challenging to ascertain the accuracy of these self-assessments. This ambiguity underscores a degree of distrust among employees regarding the productivity levels of their colleagues and departments.

Moreover, Ciphr's findings uncover a significant disparity between the self-perceived productivity of leaders and employees' perceptions of their leaders' productivity. While 99% of senior management rate themselves as productive or very productive, only 67% of employees share the same sentiment, highlighting a notable gap in perception between leadership and frontline staff. This disconnect underscores the need for leaders to bridge the perception gap and foster a culture of transparency and accountability within their organisations.

Claire Williams - Chief People and Operations Office at Ciphr - stated:

“The disparities around perceived productivity evidenced in Ciphr’s research highlights the need for organisations to ensure they have robust performance management frameworks in place, which include clear and measurable goals, documented performance reviews, transparent metrics and KPI’s, and feedback mechanisms. And these need to be well-communicated across the business. That way every employee understands how they can achieve their objectives and track their progress. They can also clearly see how other teams and departments contribute to organisational success."

Labour's recent unveiling of plans for a new Race Equality Act has sparked both applause and scepticism among campaigners and policymakers. While the proposed legislation aims to extend full equal pay rights to ethnic minority workers and disabled individuals, critics argue that it falls short in tackling the broader and more formidable scale of inequalities deeply entrenched within British society.

The Race Equality Act proposed by Labour seeks to enshrine equal pay rights and mandatory pay-gap reporting in law - aiming to address the persistent disparities faced by employees from ethnically diverse backgrounds and disabled individuals.

Despite existing legal provisions prohibiting pay discrimination based on ethnicity, studies reveal that ethnic minority workers are 38% more likely to be underpaid. Labour's proposed act would treat challenges to these inequalities akin to claims made by women, ensuring robust legal protection against pay discrimination.

Under the proposed legislation, large employers would be mandated to publish data on the ethnicity pay gap among their employees, shedding light on systemic inequities and fostering transparency within workplaces.

Additionally, Labour's Race Equality Act includes provisions for race training for police staff, the appointment of a Windrush commissioner and a comprehensive review of the school curriculum. Notably, it pledges funding to address the alarming rates of maternal deaths among Black women, who face a disproportionate risk during childbirth.

Labour's commitment to extending equal pay rights to marginalised groups reflects a broader agenda of promoting inclusivity and combating discrimination in the workforce. By addressing "dual discrimination," where individuals face prejudice due to multiple protected characteristics, the proposed legislation aims to streamline legal recourse and alleviate burdens on the tribunal system.

However, the announcement has sparked a contentious debate, with Minister for Equalities - Kemi Badenoch - cautioning against potential ramifications of the proposed changes. Badenoch contends that the legislation could incentivise frivolous claims and create opportunities for what she terms "dodgy, activist lawyers."

While Labour's proposals align with the principles of fairness and social justice, questions linger about the efficacy of the Race Equality Act in dismantling systemic inequalities. Critics argue that the proposed legislation, while a step in the right direction, must also be accompanied by comprehensive measures to address the root causes of inequality, including systemic racism and institutional bias. Moreover, the effectiveness of mandatory ethnicity pay gap reporting hinges on stringent enforcement and accountability mechanisms.

Jacqueline Mckenzie, an immigration and human rights lawyer involved in shaping the legislation, underscores the need for robust enforcement mechanisms and mandatory reporting to effect tangible change. She told BBC Radio 4's Today programme:

"What we're not sure about, because we haven't seen the act, is whether or not it will actually include enforcement penalties and mandatory reporting,"

"Because if it doesn't do that it's not actually going to make any difference."

In a significant legal development, the High Court has ruled that the former Justice Secretary - Dominic Raab - broke the law in the way he increased defence solicitors' pay, determining that his actions were irrational.

The decision, a partial victory for the legal profession, follows a challenge by the Law Society, arguing that Raab had unlawfully ignored an expert recommendation. This ruling not only places pressure on Raab's successor - Alex Chalk - to reconsider legal aid rates but also highlights the broader implications for the criminal justice system.

The dispute revolves around the government's pay settlement of 11% for solicitors in 2022, falling short of an independent recommendation for at least a 15% increase. The Law Society, representing solicitors in England and Wales, argued that Raab acted irrationally and failed in his legal duty to ensure a proper investigation of all evidence.

In a detailed judgment, Lord Justice Singh and Mr Justice Jay declared Raab's actions irrational. They criticised his failure to assess whether providing solicitors less pay would still meet the objectives of the independent review. The judges also emphasized the value of evidence from defence solicitors, describing it as an "impressive body of evidence" from dedicated professionals working under challenging circumstances.

Legal Aid is crucial for providing legal representation to suspects and defendants who cannot afford it themselves. The system helps save court time and ensures that individuals who should plead guilty to a crime do so. The Law Society has highlighted the impact of long-frozen legal aid rates, leading to the departure of 1,400 duty solicitors since 2017 and creating "deserts" in some regions.

While the judgment does not formally reverse the 11% pay settlement, it urges a reconsideration of legal aid fees for criminal defence solicitors. Nick Emmerson - President of the Law Society - called on the government to act, stating that immediate action is necessary to prevent an exodus of duty solicitors, which could have potentially dangerous consequences for society.

The Ministry of Justice has stated that it will carefully consider the judgment. However, they emphasized that the claimants were successful on specific narrow grounds and the majority of their arguments were rejected by the court.

In January 2023, the Law Society sent a pre-action letter to the UK government, challenging its decision-making as unlawful and irrational. President Lubna Shuja argued that the decisions were inconsistent with the constitutional right of access to justice. The society has invited the government to agree to mediation and warned that it might consider issuing a judicial review seeking an order to quash the decisions.

In a significant policy stance, Labour's Shadow Chancellor Rachel Reeves announced at Labour's business conference in central London, that the party will not reinstate a cap on bankers' bonuses if they come into power after the next general election - slated for the end of the year. Reeves's remarks signal a departure from the regulatory measures aimed at curbing excessive risk-taking in the financial sector.

The cap on bankers' bonuses - introduced by the EU in 2014 - limited annual payouts to twice a banker's salary. However, the cap was lifted in 2023 under the leadership of then Chancellor Kwasi Kwarteng, who argued that the move would encourage global banks to create jobs, invest and pay taxes in the City of London. Kwarteng contended that the bonus limit was inflating basic salaries and pushing financial activities outside Europe.

Reeves - a former Bank of England economist - defended Labour's decision, emphasizing that the cap was initially implemented to address the aftermath of the global financial crisis and rebuild public finances. However, with the cap now removed, Labour sees no need to reinstate it. Reeves asserted that as Chancellor of the Exchequer, she would prioritise championing a successful and thriving financial services industry in the UK.

The decision not to reinstate the bonus cap is likely to provoke criticism from unions and working-class communities, who have decried the lifting of the cap as "obscene" at a time when many are grappling with the rising cost of living. Labour Leader Keir Starmer had previously criticised the policy, characterising it as a "pay rise for bankers" while public sector workers faced effective pay cuts.

The removal of the bonus cap last year triggered a wave of backlash, with concerns raised about rewarding bankers while failing to address the pressing cost-of-living challenges facing households across the UK. Labour's decision to maintain the status quo on this front reflects a broader strategy of fostering economic growth and stability within the financial services sector.

While Reeves's announcement aligns with Labour's vision for the future of the financial industry, it sets the party apart from critics who view the bonus cap as a necessary safeguard against risky financial behaviour. The debate surrounding bankers' bonuses and regulatory oversight will likely continue to shape discussions around economic policy and financial regulation in the run-up to the upcoming general election.

In a case that highlights the intricacies of holiday approval and workplace communication, Gary Maloney, a used car salesman, has been awarded €12,500 by the Workplace Relations Commission (WRC) after being unfairly dismissed by Bill Griffin Motors. The dismissal stemmed from an unapproved holiday in Portugal, bringing to light the importance of clear communication and fair employment practices.

Gary Maloney requested annual leave approximately three months in advance, seeking approval from the company's accountant. He was directed to discuss the matter with the Managing Director, Dave Griffin. Despite Mr Maloney's attempts to communicate his holiday plans due to a pre-booked trip with no cancellation policy, the situation remained unresolved.

Returning from his holiday in October 2022, Mr Maloney discovered a colleague at his desk and learned that he was considered absent without permission. The company recorded his employment as having ended on October 8th, 2022, without any prior investigation or notice of the job being at risk. The dismissal left Mr Maloney out of work until March 2023, estimating his losses at over €19,000.

The company, represented by Hugh O’Donnell BL, argued that Mr Maloney had resigned from his position, dismissing his claims as frivolous and vexatious. The firm contended that it had informed Mr Maloney of the need to adjust his holiday dates but received no written request. Allegedly, attempts were made to discover the reason for his absence on October 10th, 2022, leading to the towing of a car he left in a neighbouring premises.

The WRC adjudication officer - Davnet O’Driscoll - acknowledged conflicting evidence but ruled the dismissal as unfair on both procedural and substantive grounds. While the company presented letters referring to unauthorized leave and seeking resignation, Mr Maloney denied receiving such communications. The lack of investigation and disciplinary procedures after his return from leave contributed to the ruling.

Despite Mr Maloney estimating losses at over €19,000, the WRC awarded him total compensation of €12,500, considering his contribution to the dismissal.

The case underscores the importance of transparent communication, adherence to workplace policies and fair dismissal procedures. Unresolved matters concerning leave requests can lead to misunderstandings and a in this case, an unfair dismissal claim.

The UK government has initiated a consultation process on the reintroduction of Employment Tribunal fees, almost seven years after the Supreme Court ruled them unlawful. This move has sparked debates around access to justice, affordability and the impact on the number of claims brought before the Employment Tribunals (ET) and the Employment Appeal Tribunal (EAT).

The ET and EAT were established to offer a straightforward and accessible platform for individuals to resolve workplace disputes. These tribunals operate with a focus on informality, enabling users to present their cases without the need for legal representation. However, from July 2013 to July 2017, the government introduced tribunal fees, categorizing claims into 'Type A' and 'Type B'. Type A claims (which covered simple disputes such as unpaid holiday pay) attracted an issue fee of £160 and a hearing fee of £230, totalling £390 in fees. Type B claims (which covered more complex disputes such as discrimination) attracted an issue fee of £250 and a hearing fee of £950, totalling £1200 in fees. The EAT attracted a £400 issue fee and a £1200 hearing fee, totalling £1600 in fees. The introduction led to a substantial fall in the number of claims, with cases falling by 53% in the 12 months after the fee change.

In 2017, the Supreme Court, in R (Unison) v The Lord Chancellor, declared the tribunal fees unlawful. The court found that the fees were practically unaffordable, rendering pursuing non-monetary and low-value claims futile and irrational. The fee structure was also deemed indirectly discriminatory against women and individuals with protected characteristics. Since the fees were quashed, there has been a notable increase in the number of cases, reaching around 33,000 or 39% in 2022/23.

The newly proposed fees are significantly lower, with claimants and appellants paying £55 to issue any claim at the Employment Tribunal or the Employment Appeal Tribunal, respectively. Unlike the previous regime, no hearing fee will be incurred under the government's proposals. The key principles guiding these proposed fees are affordability, proportionality and simplicity.

The Ministry of Justice (MoJ) asserts that a fee of £55 is generally affordable for claimants and appellants. A Help with Fees (HwF) remission scheme has been introduced, providing financial support to individuals with low income and minimal savings. The scheme's eligibility criteria have been revised to offer greater financial assistance, ensuring those most in need can access justice.

The government emphasizes that fees should be proportionate to the remedy sought, aiming to discourage irrational and futile claims. This principle aligns with the Supreme Court's 2017 judgment, which criticised the previous fee structure for exceeding the value of remedies sought in many cases.

Based on 2022-23 volumes, the government estimates that the proposed fees could generate between £1.3 million and £1.7 million annually from 2025-26 onwards. The consultation suggests an implementation date in November 2024.

The reintroduction of Employment Tribunal fees has sparked a contentious debate surrounding access to justice and the impact on the volume of cases brought before the tribunals. The government's emphasis on affordability, proportionality and simplicity aims to strike a balance between ensuring access to justice and preventing frivolous claims.

In a controversial move, Capita has joined the ranks of employers withdrawing from the Real Living Wage scheme, citing significant annual increases as the primary reason for its decision. This decision has raised eyebrows and prompted the Communication Workers' Union (CWU) to consider industrial action, highlighting the potential impact on hard-working employees during an already challenging cost-of-living crisis.

Capita - a prominent outsourcing company - expressed reluctance in withdrawing from the Real Living Wage scheme after facing a second consecutive substantial annual increase. The company argued that employees currently receiving the Real Living Wage, recommended by the Living Wage Foundation and adjusted to reflect the cost of living, would still earn more than the upcoming national living wage of £11.44 in April. They also assured that employees working on contracts obliging the organisation to pay the Real Living Wage would continue to receive the stipulated rate.

Whilst the company emphasized its commitment to its people and hinted at a possible future re-evaluation of the decision - framing it as part of an ongoing review of the company's cost base - the estimated impact on employees is substantial, with most workers potentially losing around £850 a year due to their withdrawal from the Real Living Wage scheme. This financial setback comes despite Capita reporting a profit of £33.1 million in 2023 and its CEO Jon Lewis and CFO Tim Weller earning a combined total of £2.92 million during the same period.

The CWU, representing Capita workers on contracts with BBC, Virgin Media O2 and Tesco Mobile, expressed its astonishment at Capita's decision. The union announced plans to consult its members about balloting for industrial action, citing the potential harm to employees' living standards during what they deemed the worst cost-of-living crisis of the century.

The Living Wage Foundation, disappointed by Capita's decision, emphasized the importance of the independently calculated Real Living Wage, which is voluntarily paid by over 14,000 organisations. Despite economic challenges, the foundation highlighted the continued growth of businesses joining the movement, with over 3,000 new accreditations in 2023 alone.

Capita's decision follows closely on the heels of BrewDog's withdrawal from the Living Wage scheme, citing the need to make "hard decisions" after a trading loss in 2023. Both cases underscore the challenges faced by businesses in balancing financial considerations and their commitment to fair wages.