Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

Employment Policy Convention, 1964 (No. 122) - United Kingdom of Great Britain and Northern Ireland (Ratification: 1966)

The Committee notes the observations of the Trades Union Congress (TUC) received on 1 September 2015.

Articles 1, 2 and 3 of the Convention. Active employment policy. Consultation with the social partners. The Government provides in its comprehensive and detailed report statistics on labour market trends and information in reply to the previous comments. The Government indicates that the number of employed persons rose by 248,000 persons in the first quarter of 2015 and 557,000 on the year, to 31.05 million. The employment rate rose 0.5 point on the quarter and one percentage point on the year to 73.4 per cent. Unemployment data showed that the number of unemployed people fell by 76,000 in the first quarter of 2015 and 416,000 over a one-year period to 1.84 million. The Government further indicates that 742,000 young people were unemployed, decreasing by 151,000 people over a year. The Committee notes that both full-time and part-time employment saw an increase over a one-year period. The Government indicates that businesses in the United Kingdom say that current employment laws are difficult to cope with and put them off on employing more workers. Simpler, more flexible employment laws would make it easier for companies to hire and manage staff, while protecting workers’ basic rights. This should encourage employers to create new jobs, supporting enterprise and growth. The Committee notes in this regard that a series of labour market measures were adopted since the last report with the goal of increasing flexibility in the labour market. In its observations, the TUC states that it is concerned that Mandatory Work Activity and Help to Work programmes (where long-term unemployed people can be obliged to undertake Community Work Placements or work experience) contradict Article 1 of the Convention regarding “freedom of choice of employment”. The Government provides findings of an evaluation of Mandatory Work Activity in which the study showed that the aims of the programme appeared to be well understood by the Jobcentre Plus staff, providers and hosts, who recognized the potential for this scheme to impact positively on participating claimants. The majority of claimants were also clear about the compulsory elements of the scheme, and reported a range of positive attitudinal and behavioural outcomes as a result of their participation. However, the research also identified a number of implementation problems that require significant attention to ensure the smooth delivery of the policy and to maximize the intended impacts on participants. The Committee requests the Government to continue to provide information on the implementation of the Mandatory Work Activity programme and how this programme will translate into productive and lasting employment opportunities for its beneficiaries. Please also continue to include information on the impact of other labour market measures being implemented and on the details of the consultations held with the social partners on matters relating to the Convention.

Long-term unemployment. In reply to previous comments, the Government indicates that the Work Programme is a scheme to help individuals at risk of long-term unemployment to find and keep jobs. In particular, it aims to improve support for those who are harder to help and reduce the time that people spend on benefits. The Government further indicates that innovative features of the Work Programme include processes that are not prescribed, that is, by adopting a “black box” approach, providers are free to innovate and use what works best. The TUC is of the view that the Work Programme is achieving roughly the level of performance of previous programmes, but is worried by repeated reports that the results-oriented “black box” model described in the report encourages “creaming and parking” of the easiest and most difficult candidates respectively by providers. The Committee requests the Government to continue to provide information on the impact of the measures taken to address long-term unemployment.

Persons with disabilities. The Government indicates that the Work Programme supports a wide array of claimants who are receiving out-of-work benefits and who are at risk of long-term unemployment. This includes both claimants on Jobseeker’s Allowance and some claimants on Employment and Support Allowance. The Department for Work and Pensions (DWP) knows that some claimants may need more support than others to secure sustainable employment. Therefore, a Work Programme provider can receive up to £6,600 for a person on Jobseeker’s Allowance and up to £13,700 for an Employment and Support Allowance claimant. The referral process gives harder-to-help groups, such as persons with disabilities, access to personalized, individual support at the appropriate stage in their claim. Persons with disabilities who have been claiming Jobseeker’s Allowance for three months have the opportunity to volunteer for early access to the Work Programme to ensure they receive it within a timescale that is most appropriate to them. While Work Programme providers are free to design the support they offer, the DWP will hold them more rigorously to account for their performance than in the past, ensuring that all groups, including persons with disabilities, are supported effectively. The TUC indicates that performance through employment programmes for persons with disabilities is still very poor, adding that statistics show that, of those who had joined the Work Programme in March 2014 (and could have therefore participated for up to 12 months), 22.8 per cent of unemployed persons under 25 years of age on Jobseeker’s Allowance obtained jobs by March 2015, compared to 21.7 per cent of those over 25 and 8.7 per cent of persons with disabilities on Employment and Support Allowance. The Committee requests the Government to continue to provide information on the impact of the measures implemented to address the needs of persons with disabilities in the open labour market.

The Committee is raising other matters in a request addressed directly to the Government.