Jump to content

Independent Workers' Union of Great Britain

From Wikipedia, the free encyclopedia

This is an old revision of this page, as edited by Kvng (talk | contribs) at 04:58, 6 December 2017 (bold subject). The present address (URL) is a permanent link to this revision, which may differ significantly from the current revision.

  • Comment: Copyvio check passed. Hits in attributed quotes. ~Kvng (talk) 19:58, 17 November 2017 (UTC)
  • Comment: Although there is many references to good sources, the sources only seem to mention the topic in passing as one side of a litigation. Not the kind of in-depth coverage about a topic we're looking for. Drewmutt (^ᴥ^) talk 22:26, 26 May 2017 (UTC)

The Independent Worker's Union of Great Britain (IWGB) is a fully independent trade union[1]. Their members are predominantly low paid migrant workers in London. The IWGB is compromised of several semi-autonomous branches which organise workers within their chosen industry, run their own campaigns and have their own representative officials. The IWGB began as a breakaway from Unite and Unison. The dispute stemmed from disagreements over how to get better working conditions for cleaners at the University of London, and, more broadly about how to do modern trade unionism.[2] The IWGB is one of the main trade unions in challenging employment law relating to the 'gig economy'.[3][4]

Notable Campaigns

The IWGB is a campaigning union which has waged a number of high profile campaigns. The IWGB's campaigns are notable for their direct action and use of social media. General Secretary of the IWGB, Jason Moyer-Lee has said that their aim is to:

"Ramp up the pressure, using social media and by staging loud and disruptive protests, surprise protests and mini-occupations".[5][6]

3 Cosas Campaign

3 Cosas was a campaign led by outsourced cleaners who work at the University of London to improve working conditions. 3 Cosas, translated as 3 things, equates to the three demands that the outsourced cleaners were striking over. These demands were 22-25 days paid annual leave in addition to Bank holidays, sick pay of up to 26 days a year, depending on length of service and adequate pension contribution.[7] The strike was notable for gaining support from Natalie Bennett, then leader of the Green Party who wrote a letter of support,[8] Jeremy Corbyn, MP for North Islington, John McDonnell, MP for Hayes & Harlington and Andy Burnham, MP for Leigh.[9] The strike was noted for its 'red balloons, drums, and a sound system that played samba music, as well as workers turning delivery vehicles away from the gates".[10]

The University of London cleaners had been fighting for improved conditions since 2011, and had already won the London Living Wage in another campaign.[11] The University of London cleaners at the time were members of Unison, however, their Unison started to become a hindrance when they wouldn't help with the 3 Cosas campaign for better working conditions. Unison also cancelled an election in which campaign supporters stood in the branch executive. The University of London cleaners then joined the IWGB which was seminal in the union's development.[12]

The strike was met with resistance from the University of London and the outsourced employer Balfour Beatty Workplace. Despite the fact that a majority of the cleaners were members of the IWGB, due to a loophole in article 11 of the European Convention on Human Rights that, the University of London and Balfour Beatty Workplace could legally refuse to recognise the IWGB as the union which represents the cleaners and instead claimed they were in talks with Unison.[13]

The striking cleaners won the hard fought battle for improved working conditions. On the second day of a 48 hour walkout, Balfour Beatty Workplace announced it would improve sick pay entitlement, increase holiday pay and access to its pension scheme to all its employees.[14][15] Despite the success of the '3 Cosas' campaign being mainly due to the strike activity, the University of London continued to recognise the IWGB, tweeting that "Credit goes entirely to BBW and Unison for the agreement. Constructive dialogue vs staff intimidation".[16]

Deliveroo

The IWGB has been locked in an on-going struggle with Deliveroo over classification of Deliveroo couriers. Deliveroo's business model is based on using thousands of self employed contractors rather than employees. Deliveroo defines their couriers as 'independent contractors' which means they are not entitled to employment benefits, such as sick or holiday pay.[17] The IWGB argues that Deliveroo riders are clearly employees and therefore entitled to some benefits of employment. Deliveroo have been accused of 'creating vocabulary' to avoid calling its couriers employees. [18][19]

Initial Deliveroo Riders Strike

In August 2016 the IWGB helped organise a strike by Deliveroo riders. The dispute boiled down to a new pay plan. Riders were being paid £7 per hour, plus £1 per delivery. After the introduction of the new pay plan, they would be paid £3.75 per delivery with no hourly rate.[20] Deliveroo couriers won a victory in this case, seeing off an attempt by Deliveroo to force them to sign up to the new pay terms.[21]

Central Arbitration Committee

The IWGB used this initial strike by Deliveroo riders to bring a case forward to the Central Arbitration Commitee.[22] This tribunal will assess whether Deliveroo couriers should be defined as independent contractors or workers.[23] This is the first collective bargaining agreement in the 'gig economy' that could set a precedent for others to demand further rights.[24] The tribunal will start on the 24th of May 2017.[25]

Deliveroo in Brighton

In a separate case, the IWGB assisted Deliveroo couriers in Brighton after they spontaneously protested over lack of work. The IWGB demanded that Deliveroo implement a hiring freeze, an increase in payment for delivery's from £4 to £5.[26][27][28][29] Deliveroo wrote a letter to their couriers in Brighton stating they will implement a hiring freeze unrelated to demands made by the IWGB.

Dewhurst vs CitySprint

The IWGB supported and helped Mags Dewhurst bring forward her case against CitySprint to an Employment Tribunal that considered whether the claimant was a worker of CitySprint as opposed to being self-employed or a 'contractor'. [30] The IWGB said this would be seen as a 'test case' and would the decision should be rolled out across CitySprint's employees. CitySprint, who has a network of 3,500 couriers, disputed the verdict and the IWGB's claims stating that:

"“We are disappointed with today’s ruling. It is important to remember that this applies to a single individual and was not a test case. We enjoy a good relationship with our fleet, many of whom have worked with us for some time, and have always strived to help them maximise their earnings."[31]

The Employment Tribunal labelled the contract as, 'contorted', 'indecipherable' and 'window dressing' and noted that 'CitySprint which has the power to regulate the amount of work available and it keeps its couriers busy by limiting the size of the fleet'.[32]

The IWGB and Ms.Dewhurst were successful and the Employment Tribunal found that Ms.Dewhurst should be classed as a worker rather than self-employed.[33]

Boxer vs. Excel

The IWGB supported and helped Andrew Boxer bring forward his case against Excel to an Employment Tribunal. Mr. Boxer was arguing that he was entitled to one week of holiday pay based on his work for Excel, which amounted to £321.16.[34]

Mr. Boxer worked 9 hours a day 5 days a week and had no opportunity to negotiate his pay rate or to provide someone else to do work on his behalf. When asked about his contract Mr.Boxer said: "I had no choice, it would not have made a difference, they would have laughed at me if I had challenged a particular clause"[35]

Judge Joanna Wade, who presided over the Employment Tribunal, said that she had found Boxer was a classified worker and not an independent contractor. Ms. Wade said that the contract that Boxer signed "did not reflect the reality of the situation... the inequality of bargaining power at this point of very notable".[36]

Excel did not provide witness evidence or attend the tribunal hearing. The firm initially offered to pay the claim for holiday pay "without acceptance of the claimant's claim". That was rejected by Mr. Boxer.[37]

Article 50 Supreme Court Intervention

The IWGB also intervened in the R (Miller) vs Secretary of State for Exiting the European Union. The IWGB intervened on the grounds that the UK's decision to leave the EU necessitates a debate in Parliament because the UK's decision to leave the EU directly affects its members. The IWGB were allowed to provide a written submission of up to a maximum of 20 pages, and will seek the opportunity to present a brief oral submission of no more than 45 minutes, on issues surrounding the UK's decision to leave the EU.[38]

References

  1. ^ https://www.gov.uk/government/news/certification-office-certificates-of-independence#history
  2. ^ Beckett, Andy (2015-10-22). "Vuvuzelas Unite" (PDF). London Review of Books. 37 (20): 25-28.
  3. ^ https://www.theguardian.com/society/2016/oct/19/jason-moyer-lee-gig-economy-threat-independent-workers-union
  4. ^ Braithwaite, Pheobe. "Organising the workers whose jobs are made precarious by technology". OpenDemocracy. OpenDemocracy. Retrieved 2017-04-21.
  5. ^ Osborne & Butler, Hilary & Sarag. "Collective Action via social media brings hope to gig economy workers". The Guardian. The Guardian. Retrieved 2017-04-21.
  6. ^ Beckett, Andy (2015-10-22). "Vuvuzelas Unite" (PDF). London Review of Books. 37 (20): 25-28. Retrieved 2017-04-21.
  7. ^ Webb, Oscar. "Protest or Trespass?". London Review of Books. London Review of Books. Retrieved 5 June 2017.
  8. ^ Bennet, Natalie. "Strong Support for University of London cleaners' "3 Cosas" campaign". Camden Green Party's Blog. Camden Green Party. Retrieved 5 June 2017.
  9. ^ Hale, Sadie. "MPs Join Strikes at the University of London as campaign for better pay and conditions for outsourced workers continues". The Independent. The Independent. Retrieved 5 June 2017.
  10. ^ Cornish, Chloe. "Outsourced staff, most of them foreign, are striking over pay and conditions". The Independent. The Independent. Retrieved 5 June 2017.
  11. ^ Childs, Simon. "Finally: Hope for Britain's pissed off workers". Vice. Vice. Retrieved 5 June 2017.
  12. ^ Stopes, Harry. "Company Values". London Review of Books. London Review of Books. Retrieved 5 June 2017.
  13. ^ Stopes, Harry. "Not a Recognised Union". London Review of Books. London Review of Books. Retrieved 5 June 2017.
  14. ^ Grove, Jack. "Cleaners to continue outsourcing fight". Times Higher Education. Times Higher Education. Retrieved 5 June 2017.
  15. ^ Mendelsohn, Tom. "Outsourced cleaners claim better terms on sick pay and annual leave". The Independent. The Independent. Retrieved 5 June 2017.
  16. ^ London, University of (2013-11-29). "http://www.independent.co.uk/student/news/victory-cleaning-staff-strike-at-university-of-london-wins-major-concessions-on-pay-and-conditions-8972785.html … #3cosas credit goes entirely to BBW and Unison for the agreement. Constructive dialogue vs staff intimidation". @UoLondon. Retrieved 2017-06-05. {{cite web}}: External link in |title= (help); no-break space character in |title= at position 154 (help)
  17. ^ Butler, Sarah (2017-04-05). "Deliveroo accused of 'creating vocabulary' to avoid calling couriers employees". The Guardian. ISSN 0261-3077. Retrieved 2017-06-05.
  18. ^ O'Connor, Sarah. "Deliveroo pedals new language of the gig economy". The Financial Times. The Financial Times. Retrieved 2017-04-21.
  19. ^ Hills, Joel. "The Lengths Deliveroo takes to ensure drivers are not employees". ITV News. ITV News. Retrieved 2017-04-21.
  20. ^ Rampen, Julia. "Top of the food chain: Deliveroo and the app economy". The New Statesman. The New Statesman. Retrieved 2017-04-21.
  21. ^ Osborne, Hilary. "Collective Action via social media brings hopes to gig economy workers". The Guardian. The Guardian. Retrieved 2017-04-21.
  22. ^ Editorial, Reuters. "After Uber case, UK union pushes for pay deal at Deliveroo". Reuters UK. Retrieved 2017-06-05. {{cite news}}: |first= has generic name (help)
  23. ^ Spary, Sara. "Deliveroo's Founder Says He Can't Give Workers More Rights Without The Government's Help". Buzzfeed. Buzzfeed. Retrieved 2017-04-21.
  24. ^ Chapman, Ben. "Deliveroo drivers demand union recognition and minimum wage after Uber workers' rights ruling". The Independent. The Independent. Retrieved 2017-04-21.
  25. ^ McGoogan, Cara. "Tribunal to rule on Deliveroo riders' employment status". The Telegraph. The Telegraph. Retrieved 2017-04-21.
  26. ^ Braithwaite, Pheobe. "Organising the workers whose jobs are made precarious by technology". Open Democracy. Open Democracy. Retrieved 2017-04-21.
  27. ^ Chapman, Ben. "Deliveroo drivers demand union recognition and minimum wage after Uber workers' rights ruling". The Independent. The Independent. Retrieved 2017-04-21.
  28. ^ Walton, Josh. "Delivery riders hopping mad over low wages". The Argus. The Argus. Retrieved 2017-04-21.
  29. ^ Christie, Sophie. "Deliveroo workers threaten strike action in pay row with delivery firm". The Sun. The Sun. Retrieved 2017-04-21.
  30. ^ "Smile... you're a worker". www.brownejacobson.com. Retrieved 2017-06-05.
  31. ^ Butler, Sarah; Osborne, Hilary (2017-01-06). "Courier wins holiday pay in key tribunal ruling on gig economy". The Guardian. ISSN 0261-3077. Retrieved 2017-06-05.
  32. ^ "Another victory for the bogus self-employed, as courier ruled worker by tribunal | The Institute of Employment Rights". www.ier.org.uk. Retrieved 2017-06-05.
  33. ^ "Bike courier wins 'gig' economy employment rights case". BBC News. 2017-01-07. Retrieved 2017-06-05.
  34. ^ "Bike courier wins 'gig' economy employment rights case". BBC News. 2017-01-07. Retrieved 2017-06-05.
  35. ^ "Bike courier wins 'gig' economy employment rights case". BBC News. 2017-01-07. Retrieved 2017-06-05.
  36. ^ Butler, Sarah. "Second cycle courier wins holiday pay at gig economy tribunal". The Guardian. The Guardian. Retrieved 2017-04-21.
  37. ^ "Bike courier wins 'gig' economy employment rights case". BBC News. 2017-01-07. Retrieved 2017-06-05.
  38. ^ "UK Supreme Court permits independent union to intervene in Brexit legal case". www.leighday.co.uk. Retrieved 2017-06-05.