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The article by Rachel Reeves MP is a 'two fingers' at disabled citizens, and will lose Miliband the election



 

 

 

 

 

 

 

It is actually massively upsetting.

For many citizens, hardworking or not, Ed Miliband was finally beginning to show ‘green shoots’ in his leadership. His conference speech in Brighton was professionally executed, and it largely made sense given what we know about his general approach to the markets and State.

Amazing then it took fewer than a few weeks for his reshuffle to ruin all that.

Parking aside how Tristram Hunt MP had changed his mind about ‘free schools’ such that they were no longer for ‘yummy mummies’ in West London, Rachel Reeves MP decided to come out as a macho on welfare. She boasted on Twitter that she was both ‘tough and fair on social security’.

Rachel Reeves’ article was immediately received by a torrent of abuse, and virtually all of it was well reasoned and fair.

Yes, that’s right. In one foul swoop, we managed to conflate at one the ‘benefit scroungers’ rhetoric with an onslaught on ‘social security’.

Being ‘tough and fair’ on the “disability living allowance”, in the process of becoming the ‘personal independence payment’ is of course an abhorrent concept. I only managed to be awarded my DLA after a gap of one year, after it had been taken away by this Government without them telling me. At first, it was refused through a pen-and-paper exercise from the DWP. Then, it was successfully restored after I turned up in person at a tribunal in Gray’s Inn Road.

This living allowance meets my mobility needs. My walking is much impaired, following my two months in a coma. It also meets my living requirements, allowing me to lead an independent life.

I don’t want to hear Reeves talking like a banker but as if she doesn’t give a flying fig about real people in the real world.

For once, the outrage on Twitter, and the concomitant mobbing, was entirely justified. I had to look up again what her precise rôle was – yes it was the shadow secretary for work and pensions, not employment.

Many members of Labour were sickened. A spattering of people, would-be Councillors in the large part unfortunately, didn’t see what the fuss was about. They reconciled that ‘the sooner we face up to this problem, the better’.

The media played it as ‘the hard left of the Labour Party are upset’.

The “Conservative Home” website played it as a sign that the Labour Party were belatedly adopting the Conservatives’ narrative, but it was too little and too late.

Like Ed Miliband being booed at conference, a backlash against Reeves’ article can euphemistically be indicative of Labour’s success at ‘sounding tough’.

At yet, this is ‘short term’ politics from a national political party. The social value of this policy by Labour is not sustainable. In the quest for instant profit for headlines, it will actually find itself with no income stream in the long term.

For all the analysis with Labour marketing must have done through their ‘think tanks’ and ‘focus groups’, it is striking how Labour have missed one fundamental point. That disabled bashing in the media is not populism from the Left, actually.

Conversely, it could LOSE them votes from their core membership.

If they learn to love disabled people, they could WIN votes.

Simples.

So what’s the fuss about? She didn’t mention disability. Well – precisely. Disabled citizens of working age are known to form a large part of the population, as Scope reminded us this week in their session on ‘whole person care’ with Liz Kendall MP, so why did Reeves ignore them altogether?

Is it because she has only been in a brief only a few days? Some of us in life have taken the bullet for incidents in life which have lasted barely a few minutes.

What will it take for Labour to ‘get it’ on disability and welfare? Possibly, the final denouement will be when Labour finally realises it can’t ‘out Tory’ the Tories.

The Twitter defenders of the indefensible cite that ATOS are being ‘sacked’ – well, yippedeeeday. ATOS, who were appointed by Labour, are finally being sacked. When negotiating a contract in English law, the usual procedure is to ensure that there are feedback mechanisms in place to ensure the contract is being performed adequately? You can bet your bottom dollar that Labour wishes to do a ‘Pontius Pilate’ on that, like it does on all its crippling PFI contracts it set up for the NHS.

This is a disastrous start by Reeves, but ‘things can only get better’. It’s not so much that Rachel Reeves is Liam Byrne in a frock that hurts. It’s the issue that shooting the messenger won’t be the final solution in changing Labour’s mindset on this.

It is all too easy to blame the ‘subeditor’, but the subeditor didn’t write the whole piece. Any positive meme from Reeves, in a ‘well crafted speech’ to “out-Tory the Tories” (such as scrapping the ‘Bedroom Tax’), has been instantaneously toxified by the idea of people ‘lingering on benefits’.

The most positive thing to do was to explain how people might not be so reliant on benefits, such as work credits, if we had a strong economy.

Reeves chose not even to mention pensions, which is a large part of her budget.

Because the article was hopeless from the outset, it could not even get as far as how to get the long-term unemployed (or the long-term sick) safely back to work.

It was an epic fail.

It is, in fact, an epic fail on all three planks of Ed Miliband’s personal mission of ‘One Nation': the economy, not recognising the value of disabled citizens of working age to the economy; society, not recognising disabled citizens as valued members of society; and the political process, totally disenfranchising disabled citizens from being included in society.

It is no small thing to wish the Labour Party to fail as well as a result. But this may now be necessary, and Reeves should take the bullet for that if she doesn’t improve.

My personal response to Tony Blair's "advice"



 

 

 

This is a response to “Labour must search for answers and not merely aspire to be a repository for people’s anger”, by Tony Blair, published in the New Statesman on 11 April 2013.

 

Fundamentally, Blair is right in that Labour cannot merely be a conduit for ‘the protest vote’, but the issues raised by heir to Thatcher are much more than that to me. Blair argues that, “the paradox of the financial crisis is that, despite being widely held to have been caused by under-regulated markets, it has not brought a decisive shift to the left.” I am not so sure about that. Whilst I have always felt the taxonomy of ‘left’ versus ‘right’ largely unhelpful in British politics, I think most people in the country today share views about bankers and the financial services ‘holding the country to ransom’ (like the Union Barons used to be accused of), the failures of privatisation, the failures in financial regulation (PPIs), for example, which might have been seen as ‘on the left’. Tony Blair had a good chance of coming to power in 1997, and ‘the pig with a Labour rosette might have won at the 1997 General Election’ is not an insubstantial one. To ignore that there has been no shift in public opinion is to deny that the political and social landscape has changed to some degree. Whilst ‘South Shields man’ is still living with the remants of the ‘socially divisive’ Thatcherite government, what Michael Meacher MP politely called yesterday “a scorched earth approach”, voters are indeed challenging flagship Thatcherite policies even now.

 

Some Labour councillors and MPs did indeed embrace the ‘right to buy’ policy, but likewise many MPs of diverse political aetiology warn about the currentcrisis in social housing. Blair is right to argue, “But what might happen is that the left believes such a shift has occurred and behaves accordingly”, in the sense that Ed Miliband does not wish to disenfranchise those voters who did happen to embrace New Labour pursuant to a long stretch of the Conservative sentence, but we have a very strong danger now of disenfranchise the core voters of Labour. They are rightly concerned about workers’ and employees’ rights, a minimum wage (a Blair achievement), and a living wage (possibly a 2015 manifesto pledge by Ed Miliband.)  Nobody wants to re-fight the battle of ‘left’ and ‘right’ of those terms, but merely ‘building on’ the purported achievements of Margaret Thatcher has to be handled with care.

 

Blair further remarks: “The Conser­vative Party is back clothing itself in the mantle of fiscal responsibility, buttressed by moves against “benefit scroungers”, immigrants squeezing out British workers and – of course – Labour profligacy.” Of course, Blair does not address the growth of the welfare dependency culture under Margaret Thatcher, but this is essential. Blair has also airbrushed the core of the actual welfare debate, about ensuring that disabled citizens have a ‘fair deal’ about their benefits, but to his credit addresses the issue of pensions in his fourth question. However, Blair falls into the trap also of not joining up thinking in various arms of policy, in other words how immigrants have in fact contributed to the economy of the UK, or contributed essential skills to public services such as the National Health Service. This is indeed a disproportionate approach to immigration that was permeating through the language of Labour ministers in immigration towards the end of their period of government. Blair fundamentally wishes to fight this war – indeed battle – on his terms and Thatcher’s terms. This is not on – this debate is fundamentally about the divisive and destructive nature of policy, of pitting the unemployed against the employed, the disabled against the non-disabled, the immigrant versus the non-immigrant, and so on. Part of the reason that Thatcher’s entire hagiography cannot be a bed of roses is that there exists physical evidence today of this ‘divide-and-rule’ approach to leadership.

 

Blair, rather provocatively at this stage, refers to the ‘getting the house in order’, which is accepting the highly toxic meme of ‘A Conservative government always has to come in to repair the mess of a Labour government spending public money it doesn’t have.’ However, the economy is in a worse state than bequeathed by Labour in 2010, and therein lies the problem that the house that the Tories ‘is getting in order’ is in fact getting worse. Acknowledgement of this simple economic fact by Blair at this juncture would be helpful. Blair’s most potent comment in the whole passage is: “The ease with which it can settle back into its old territory of defending the status quo, allying itself, even anchoring itself, to the interests that will passionately and often justly oppose what the government is doing, is so apparently rewarding, that the exercise of political will lies not in going there, but in resisting the temptation to go there.” Like all good undergraduates, even at Oxford, this depends on what exactly Blair means by the “status quo” – the “status quo” is in Thatcherism, and the “greatest achievement” of Conservatism, “New Labour”, so a return to listening to the views of Union members, ahead of say the handful of wealth creators in the City, is in fact a radical shift back to where we were. In other words, a U-turn after a U-turn gets you back to the same spot.

 

Blair then has a rather sudden, but important, shift in gear. He writes, “The guiding principle should be that we are the seekers after answers, not the repository for people’s anger.” This is to some extent true from the law, as we know from the views from LJ Laws who has described the challenges of making dispassionate legal decisions even if the issues are of enormous significance in social justice. Blair, consistent with an approach from a senior lawyer remarks, “In the first case, we have to be dispassionate even when the issues arouse great passion.” But then he follows, “In the second case, we are simple fellow-travellers in sympathy; we are not leaders. And in these times, above all, people want leadership.” Bingo. This is what. Whatever Ed Miliband’s ultimate ideology, which appears to be an inclusive form of social democracy encouraging corporate as well as personal citizenship, people ultimately want a very clear roadmap of where he is heading. The infamous articulation of policy under Cruddas will help here, but, as Ed Miliband finds his feet, Miliband will be judged on how he responds to challenges, like Thatcher had to respond to the Falklands’ dispute or the Miners’ Strike.

 

Blair fundamentally is right to set out the challenges. In as much as the financial crisis has not created the need for change per se, to say that it has not created a need for a financial response is ludicrous. The ultimate failure in Keynesian policy from Blair and Brown is that the UK did not invest adequately in a period of growth, put tritely by the Conservatives as “not mending the roof while the sun was shining”. Mending the roof, to accept this awful image, is best done when the sun is shining. Therefore, Labour producing a policy now is to some extent not the best time to do it. Blair had a great opportunity to formulate a culture in the UK which reflected Labour’s roots in protecting the rights and welfare of workers, but it decided not to do so. Tarred with the ‘unions holding the country to ransom’ tag, it decided to Brown-nose the City quite literally, leading to an exacerbation of the inequality commenced under Thatcher. Blair skirts round the issue of globalisation and technology in a rather trite manner, one assumes for brevity, but the wider debate necessarily includes the effects of globalisation and technology on actual communities in the UK, and the effect of multi-national corporates on life in the UK. Even Thatcher might have balked at the power of the corporates in 2013 in the same way she was critical of the power of the Unions throughout all of her time in government.

 

Whilst “Labour should be very robust in knocking down the notion that it “created” the crisis”, there is no doubt that Labour has a ‘debate to be had’ about how the Conservatives did not oppose the legislation of the City at the time by New Labour (and even advanced further under-regulation), why George Osborne wished to meet the comprehensive spending review demands of the last Labour government, and how the Conservatives would not have reacted any differently in injecting £1 TN into bank recapitalisation at the time of the crisis. The idea of spending money at the time of a recession has been compared to supporters of FA Hayek as ‘hair of the dog after a big binge’, but unfortunately is directly relevant to Blair’s first question: “What is driving the rise in housing benefit spending, and if it is the absence of housing, how do we build more?” Kickstarting the economy and solving the housing crisis would indeed be a populist measure, but the arguments against such a policy remain thoroughly unconvincing. The second question, “How do we improve the skillset of those who are unemployed when the shortage of skills is the clearest barrier to employment?”, is helpful to some extent, but Blair again shows that he is stuck in a mysterious time-warp; two of the biggest challenges in employment, aside from the onslaught in unfair dismissal, are the excessive salaries of CEOs (necessitating a debate about redistribution, given Labour’s phobia of the ‘tax and spend’ criticism), and how to help the underemployed. The third question is, course, hugely potent: “How do we take the health and education reforms of the last Labour government to a new level, given the huge improvement in results they brought about?” Fair enough, but the immediate problem now is how to slow down this latest advance in the privatisation of the NHS through the Health and Social Care Act (2012), and for Labour to tackle real issues about whether it really wishes to pit hospital versus hospital, school versus school, CCG against CCG, etc. (and to allow certain entities, such as NHS Foundation Trusts, “fail” in what is supposed to be a “comprehensive service”).  The other questions which Blair raises are excellent, and indeed I am extremely happy to see that Blair calls for a prioritisation of certain planks of policy, such as how to produce an industrial strategy or a ‘strategy for growth’, and how to deal with a crisis in social justice? There is no doubt that the funding of access-to-justice on the high street, for example in immigration, housing or welfare benefits, has hit a crisis, but Blair is right if he is arguing that operational tactics are not good enough. Sadiq Khan obviously cannot ‘underachieve and overpromise’ about reversing legal aid cuts, but Labour in due course will have to set out an architecture of what it wishes to do about this issue.

 

Ed Miliband knows that this is a marathon, not a sprint. He has the problem of shooting at a goal, which some days looks like an open goal, other days where the size of the goal appears to have changed, and, on other days, where he looks as if he runs a real risk of scoring an ‘own goal’. It is of course very good to have advice from somebody so senior as Tony Blair, who will be a Lord in the upper chamber in due course, and Miliband does not know yet if he will ‘squeak through’ in the hung parliament, win with a massive landslide, or lose. Labour will clearly not wish to say anything dangerous at the risk of losing, through perhaps offending Basildon Man, and, whilst it is very likely that South Shields Man will remain loyal, nothing can be taken for granted for Ed Miliband unfortunately. Like Baroness Thatcher’s death, Tony Blair’s advice at this stage was likely to rouse huge emotions, and, whilst the dangers of ignoring the advice might not be as costly as Thatcher’s funeral, it would be unwise to ignore his views which, many will argue, has some support within Labour. However, it is clearly the case that some of the faultlines in the Thatcher society and economy have not been healed by the New Labour approach, and Ed Miliband, many hope, will ultimately forge his own successful destiny.

 

Estimate for GDP is +1.0%, but “overall this broadly leaves GDP unchanged”



 

The preliminary growth estimate is GDP grew by 1.0%, production 1.1%, service 1.3%, construction -2.5%. These had been affected by the special factors in the Q2, additional bank holidays, and the exceptionally poor weather conditions. Also, the Olympics had a number of effects, summarised in an article on the ONS website. “Overall these broadly leave GDP unchanged”, according to Joe Grice. GDP has fallen by 6.3% to the rough announced in 2009, and possibly about half of that trough has been recovered today.

Today’s estimated growth in the UK economy is very much despite the economic policy of HM Government. Despite a temporary bounce expected from the Olympics, due to ticket sales for the Olympics and Paralympics, the UK economy still has massive underlying structural faults, and it is very difficult to be optimistic about the future with any degree of certainty. George Osborne will be desperate to use the third quarter GDP figures to demonstrate that he has taken ‘tough decisions’, and that ‘the medicine is working’. However, any sign of growth on Thursday will reaffirm that the economy was always capable of growing, and indeed had been growing before the Conservative-Tory government took power. The figures will also much undermine the notion that some citizens of the UK are ‘intrinsically lazy’, a theme spun by a Government which has allowed Starbucks to pay no corporation tax amidst much public disgust.

Stripping out the effects of the Olympics, the economy is definitely flatlining – it’s flat at barely beyond 0%. Part of the problem is that the Conservatives and Liberal Democrats refused to acknowledge the cause of the crisis in the UK economy as being generated abroad.  The financial crises of the past decade have restricted access to funding, suppressed consumer demand and stifled international and domestic growth. Consequently, their premature calls to blame the Eurozone crisis, aided and abetted by the British Chambers of Commerce, has smacked of a bad dancer, George Osborne, desperately trying to blame the floor.  The standard rate of VAT increased from 17.5 per cent to 20 per cent on 4 January 2011, and is likely to stay at this historically record level. In a period of slumping consumer confidence an increase in VAT is effectively a tax on retailers rather than consumers. Initial attempts to absorb the increase in VAT are difficult to maintain when supply chain pressures are not equally suppressed, but as the year continues the VAT rise is likely to push up prices and further undermine demand. As with international cost changes this puts an increased focus on value and costs.

Whilst the average voter might be willing to swallow the story that Labour ‘spent too much’ in the previous government, being the cause of the depression, pump-fed to them vicariously by the BBC on behalf of the Conservative-Liberal Democrat government, it is an inescapable fact that UK business confidence slumped to its lowest point this year. This is confirmed amid fluctuating economic prospects, according to research by BDO. The BDO Optimism Index, which predicts business performance two quarters ahead, has hit a seven-month low in the firm’?s latest “Business Trends” report. The indicator fell for the fifth consecutive month, from 93.5 in June to 93.1 in July. BDO says there was a brief resurgence in business confidence in Q1 2012, where confidence reached as high as 98, but the index is now at the lowest level since December 2011. The poor performance is a sign that contraction will continue for the remainder of 2012. The UK’s trade deficit also more than doubled in August 2012, according to the Office for National Statistics. The difference in goods and services imported and exported widened to £4.2bn in August, from £1.7bn in July. The UK’s deficit with the 27 countries of the European Union – including the crisis-plagued eurozone – widened to £4.9bn in August from £4.4bn in July. Separately, the UK’s industrial production fell in August for the 17th month in a row. Arguably the trade statistics continue to provide few reasons for optimism in the short term, with the large drop in goods exports to parts of the eurozone over the past year underlining the ongoing impact of the crisis.

Firms are generally less confident in taking on staff too. The CIPD, which represents Britain’s employers and employment professionals, has previously highlighted that Adrian Beecroft’s fire at will proposal would be a ‘licence for bad practice’, and could harm the reputation of small businesses seeking to hire new employees at the very time when we need to help them drive growth and jobs. This further adds to the chorus of criticism of the proposals which we have already heard from business. It can hardly be a proud claim that the number of people in any employment, without the most basic of employment rights, is at an all time, as indeed the UK slips one place in “business friendly” ranking, announced today. So, somewhat despite the management of the economy by the Conservatives-Liberal Democrats, Britain is this week expected to emerge from recession later this week, with the Olympics providing a much needed boost to the economy in the third quarter. Analysts expect a 0.6% rise in GDP, lifting the economy out of the longest double-dip recession since the second world war. Economists have predicted that a rise in GDP would largely be a result of temporary effects, such as the Olympics. A bounce back is also expected after the jubilee weekend in the second quarter dented output. you can easily start to build a case of GDP growth is between 0.8, maybe even 0.9 (percent) in the third quarter.

The data published today may provide a further boost for George Osborne, coming after news of falling unemployment. The rising employment, consisting of a workforce with next-to-no employment rights, with zilch job security, may be a price ‘well worth paying'; for a start, you need some sort of workforce, however flexible and transitory to make a dividend for a shareholder. That will surely strengthen the chancellor’s resolve to stick to “plan A” budget cutting measures ahead of the autumn statement in December, but the ‘hard won respect from the markets’ will be in absolute tatters if the economy continues to suffer from drivers towards growth. It could be at least symbolic that George Osborne’s conference speech did not even mention ‘growth’ once this year in Birmingham. Vicky Redwood at Capital Economics has opined as follows, cautiously: “GDP will therefore need to have risen by more than that to point to any recovery in underlying output. Anything less should be viewed as disappointing. That is, however, likely to be only a temporary boost. Samuel Tombs of Capital Economics says: “There are bigger factors at play. The eurozone is one of the biggest constraints on growth.” He forecasts a 0.4% drop in GDP in the final quarter, meaning the UK would shrink by 0.5% this year. That would be bad news for George Osborne, who bases his budget on forecasts from the Office for Budget Responsibility, which has pencilled in growth of 0.8% this year.

Looking forward, the Conservatives-Liberal Democrats look set to continue on their course of deception, with David Cameron shamelessly lying on Twitter that Labour opposes all spending cuts. That is a naked lie: Labour has specified, for example, where it would not have cut in the frontline services, well before David Cameron’s “tough and intelligent” speech about law and order today. The problem with lies from the current government, unfortunately, is that they all dispelled eventually by the Office for National Statistics in time. The full answer will be revealed in the next few months, which even threatens UK’s much prized credit-rating. Voters will have a chance to provide feedback too on May 8th, 2015.

Estimate for GDP is +1.0%, but "overall this broadly leaves GDP unchanged"



 

The preliminary growth estimate is GDP grew by 1.0%, production 1.1%, service 1.3%, construction -2.5%. These had been affected by the special factors in the Q2, additional bank holidays, and the exceptionally poor weather conditions. Also, the Olympics had a number of effects, summarised in an article on the ONS website. “Overall these broadly leave GDP unchanged”, according to Joe Grice. GDP has fallen by 6.3% to the rough announced in 2009, and possibly about half of that trough has been recovered today.

Today’s estimated growth in the UK economy is very much despite the economic policy of HM Government. Despite a temporary bounce expected from the Olympics, due to ticket sales for the Olympics and Paralympics, the UK economy still has massive underlying structural faults, and it is very difficult to be optimistic about the future with any degree of certainty. George Osborne will be desperate to use the third quarter GDP figures to demonstrate that he has taken ‘tough decisions’, and that ‘the medicine is working’. However, any sign of growth on Thursday will reaffirm that the economy was always capable of growing, and indeed had been growing before the Conservative-Tory government took power. The figures will also much undermine the notion that some citizens of the UK are ‘intrinsically lazy’, a theme spun by a Government which has allowed Starbucks to pay no corporation tax amidst much public disgust.

Stripping out the effects of the Olympics, the economy is definitely flatlining – it’s flat at barely beyond 0%. Part of the problem is that the Conservatives and Liberal Democrats refused to acknowledge the cause of the crisis in the UK economy as being generated abroad.  The financial crises of the past decade have restricted access to funding, suppressed consumer demand and stifled international and domestic growth. Consequently, their premature calls to blame the Eurozone crisis, aided and abetted by the British Chambers of Commerce, has smacked of a bad dancer, George Osborne, desperately trying to blame the floor.  The standard rate of VAT increased from 17.5 per cent to 20 per cent on 4 January 2011, and is likely to stay at this historically record level. In a period of slumping consumer confidence an increase in VAT is effectively a tax on retailers rather than consumers. Initial attempts to absorb the increase in VAT are difficult to maintain when supply chain pressures are not equally suppressed, but as the year continues the VAT rise is likely to push up prices and further undermine demand. As with international cost changes this puts an increased focus on value and costs.

Whilst the average voter might be willing to swallow the story that Labour ‘spent too much’ in the previous government, being the cause of the depression, pump-fed to them vicariously by the BBC on behalf of the Conservative-Liberal Democrat government, it is an inescapable fact that UK business confidence slumped to its lowest point this year. This is confirmed amid fluctuating economic prospects, according to research by BDO. The BDO Optimism Index, which predicts business performance two quarters ahead, has hit a seven-month low in the firm’?s latest “Business Trends” report. The indicator fell for the fifth consecutive month, from 93.5 in June to 93.1 in July. BDO says there was a brief resurgence in business confidence in Q1 2012, where confidence reached as high as 98, but the index is now at the lowest level since December 2011. The poor performance is a sign that contraction will continue for the remainder of 2012. The UK’s trade deficit also more than doubled in August 2012, according to the Office for National Statistics. The difference in goods and services imported and exported widened to £4.2bn in August, from £1.7bn in July. The UK’s deficit with the 27 countries of the European Union – including the crisis-plagued eurozone – widened to £4.9bn in August from £4.4bn in July. Separately, the UK’s industrial production fell in August for the 17th month in a row. Arguably the trade statistics continue to provide few reasons for optimism in the short term, with the large drop in goods exports to parts of the eurozone over the past year underlining the ongoing impact of the crisis.

Firms are generally less confident in taking on staff too. The CIPD, which represents Britain’s employers and employment professionals, has previously highlighted that Adrian Beecroft’s fire at will proposal would be a ‘licence for bad practice’, and could harm the reputation of small businesses seeking to hire new employees at the very time when we need to help them drive growth and jobs. This further adds to the chorus of criticism of the proposals which we have already heard from business. It can hardly be a proud claim that the number of people in any employment, without the most basic of employment rights, is at an all time, as indeed the UK slips one place in “business friendly” ranking, announced today. So, somewhat despite the management of the economy by the Conservatives-Liberal Democrats, Britain is this week expected to emerge from recession later this week, with the Olympics providing a much needed boost to the economy in the third quarter. Analysts expect a 0.6% rise in GDP, lifting the economy out of the longest double-dip recession since the second world war. Economists have predicted that a rise in GDP would largely be a result of temporary effects, such as the Olympics. A bounce back is also expected after the jubilee weekend in the second quarter dented output. you can easily start to build a case of GDP growth is between 0.8, maybe even 0.9 (percent) in the third quarter.

The data published today may provide a further boost for George Osborne, coming after news of falling unemployment. The rising employment, consisting of a workforce with next-to-no employment rights, with zilch job security, may be a price ‘well worth paying'; for a start, you need some sort of workforce, however flexible and transitory to make a dividend for a shareholder. That will surely strengthen the chancellor’s resolve to stick to “plan A” budget cutting measures ahead of the autumn statement in December, but the ‘hard won respect from the markets’ will be in absolute tatters if the economy continues to suffer from drivers towards growth. It could be at least symbolic that George Osborne’s conference speech did not even mention ‘growth’ once this year in Birmingham. Vicky Redwood at Capital Economics has opined as follows, cautiously: “GDP will therefore need to have risen by more than that to point to any recovery in underlying output. Anything less should be viewed as disappointing. That is, however, likely to be only a temporary boost. Samuel Tombs of Capital Economics says: “There are bigger factors at play. The eurozone is one of the biggest constraints on growth.” He forecasts a 0.4% drop in GDP in the final quarter, meaning the UK would shrink by 0.5% this year. That would be bad news for George Osborne, who bases his budget on forecasts from the Office for Budget Responsibility, which has pencilled in growth of 0.8% this year.

Looking forward, the Conservatives-Liberal Democrats look set to continue on their course of deception, with David Cameron shamelessly lying on Twitter that Labour opposes all spending cuts. That is a naked lie: Labour has specified, for example, where it would not have cut in the frontline services, well before David Cameron’s “tough and intelligent” speech about law and order today. The problem with lies from the current government, unfortunately, is that they all dispelled eventually by the Office for National Statistics in time. The full answer will be revealed in the next few months, which even threatens UK’s much prized credit-rating. Voters will have a chance to provide feedback too on May 8th, 2015.

Anticipated changes to the employment and pensions system in England in 2012



 

 

 

 

 

 

 

In a recent meeting of the BPP Legal Awareness Society, we discussed forthcoming developments in English law to do with employment and pensions.

This description does not constitute legal advice, and the information presented here is to the best of the knowledge of the Legal Awareness Society, as presented at BPP Law School, Holborn, 26 January, 5 pm, room 2.4

 1. Qualifying period for unfair dismissal protection is increased

The Government sought to “radically slimming down” the existing dismissal processes, and seek views on how to achieve this, including, potentially, by making changes to the “Acas code of practice on disciplinary and grievance procedures”.

On 3 October 2011, the Government announced that the qualifying period for an employee to bring an unfair dismissal claim will increase from one year to two years. This change will come into force on 6 April 2012.

The increase was originally proposed in the Government’s Resolving workplace disputes: public consultation (on the BIS website), which states that the increase will: “provide more time for employers and employees to resolve difficulties, give employers greater confidence in taking on people and ease the burden on the employment tribunal process”. (This document is appended to this handout.)

In January 2012, the Government confirmed that the increase will apply only to employees who join an employer on or after 6 April 2012. The current one-year qualifying period will continue to apply to employees who started their employment prior to 6 April 2012.

Compulsory retirement dismissals instigated on or after 6 April 2011 may amount to unfair dismissal under the Employment Rights Act 1996 and direct age discrimination under the Equality Act 2010. The Employment Equality (Repeal of Retirement Age Provisions) Regulations 2011 (SI 2011/1069), which came into force on 6 April 2011, removed retirement from s.98 of the Employment Rights Act 1996 as a potentially fair reason for dismissal. Retirement dismissals are likely to be considered as “some other substantial reason” dismissals and must be effected using a fair procedure.

2. Changes to employment tribunal procedure

The Government has asked the outgoing President of the Employment Appeals Tribunal, Mr Justice Underhill, to carry out a “fundamental review” of the Employment Tribunal Rules of Procedure, with the intention of producing a streamlined procedural code that addresses concerns that the Rules have become “increasingly complex and unwieldy over time”. Underhill is to provide a recommended revised procedural code by the end of April 2012.

There is going to be a “fundamental review” of the Employment Tribunal Rules of Procedure, with substantial changes to employment tribunal procedure expected to be introduced on 6 April 2012. Employment judges will hear unfair dismissal cases alone in the tribunal, unless they direct otherwise.

3. Pensions auto-enrolment begins

The state pension system currently combines a contributory state scheme, consisting of a basic retirement pension and an additional pension (previously the State Earnings Related Pension Scheme, now the state second pension (S2P)), with a private system of occupational and personal pensions.   The state pension age for men is 65. It is in the process of increasing from 60 to 65, for women. It will have reached 65 by 6 November 2018. It is due to increase to 66 for men and women by October 2020.

In what may prove to be one of the biggest challenges of the year for larger employers, starting from 1 October 2012, employers with 50 or more employees have to enrol eligible employees automatically, and make mandatory employer contributions, into a qualifying workplace pension scheme or the National Employment Savings Trust (Nest).

4. Statutory redundancy payments and guarantee payments increase

 

The maximum amount of a week’s pay used to calculate a statutory redundancy payment and the basic and additional awards for unfair dismissal increases from £400 to £430 on 1 February 2012. The maximum unfair dismissal compensatory award increases from £68,400 to £72,300. The limit on the amount of a guarantee payment payable to an employee in respect of any day also increases from £22.20 to £23.50.

5. Maternity, paternity, adoption and sick pay increase

Vince Cable has re-affirmed the Government’s commitment to extend the right to request flexible working, and to “modernise” maternity leave so that it becomes “shared and flexible parental leave”. The Government has confirmed that the standard rate of statutory maternity, paternity and adoption pay will increase from £128.73 to £135.45 per week from 1 April 2012. Statutory sick pay will increase from £81.60 to £85.85 per week from 6 April 2012.

6. Some various other moves afoot

Compromise agreements

The Government will create a “standard text” for compromise agreements, with guidance. It will consider amending the Employment Rights Act 1996 to allow compromise agreements to cover all existing and future claims without the need to list many separate causes of action. The Government will change the name of compromise agreements to “settlement agreements” in primary legislation.

Mediation

The Government is, following the consultation, “even more convinced” about the role that mediation can play. It intends to introduce a requirement for all potential tribunal claims to be lodged with ACAS, to give the parties a chance to resolve the matter through early conciliation. The basic early conciliation period will be one month. Where early conciliation is refused or is unsuccessful the claimant will be allowed to lodge his or her claim with the tribunal. The Government will also pilot the creation of regional mediation networks.

Financial penalties The Government intends to introduce a discretionary power for employment tribunals to impose a financial penalty on employers that have been found to have breached employment rights, payable to the Exchequer. The financial penalty will be based on the total amount of the tribunal award, with a minimum threshold of £100 and a maximum of £5,000. A penalty will be reduced by 50% if payment is made within 21 days.

TUPE

The Government has launched a call for evidence on the effectiveness of the TUPE regulations and how they might be improved. The Government is “concerned” that some businesses believe the TUPE regulations are “gold-plated” and overly bureaucratic. The call for evidence is open from 23 November 2011 to 31 January 2012.

Collective redundancies

The Government has launched a call for evidence regarding the rules governing statutory consultations on collective redundancies. In particular, it wishes to “explore the consequences” of reducing the current 90-day consultation period to 60, 45 or 30 days. The call for evidence is open from 23 November 2011 to 31 January 2012.

Criminal Records Bureau checks

From 2013, once a CRB check has been completed, the results will be available online for employers to confirm that no new information has been added since the check was originally conducted. This will mean that CRB checks are portable, and that an employee will not have to have a new check every time he or she starts a new job.

BPP Student Societies: Podcast on employment and podcast on bribery



 

 

 

 

 

 

 

 

 

 

Employment issues have been in the news recently. Here a team of six podcasters met up in the BPP Law School, Holborn, this afternoon to discuss the latest proposals for employment law. Employment is a compulsory subject on the Legal Practice Course. In the first podcast, we discuss the potential effect of the proposals on key stakeholders and who would actually benefit from any changes in the law. In the second podcast, we consider the relatively new legislation of the Bribery Act. The views in these podcasts are personal to the participants, and do not represent the views of BPP. The material in the podcasts certainly do not constitute any form of legal advice.  The Legal Awareness Society and Commercial Awareness Societies are student-run Societies at BPP, and the podcasts are an independent initiative.

Thank you very much to the volunteer students who gave up their time for this in a busy studying schedule this afternoon to do this.

Employment podcast

 

Bribery

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