Public Works is UNISON Scotland's campaign for jobs, services, fair taxation and the Living Wage. This blog will provide news and analysis on the delivery of public services in Scotland. We welcome comments and if you would like to contribute to this blog, please contact Kay Sillars k.sillars@unison.co.uk - For other information on what's happening in UNISON Scotland please visit our website.
Monday, 31 October 2016
Living Wage Week: good progress, but more to be done
Monday, 9 November 2015
Extending the Scottish Living Wage through procurement - vital in social care
A new UNISON Scotland Briefing has been published explaining how public bodies can use procurement to extend the Scottish Living Wage to all those working in public services.
Nearly all public sector workers in Scotland are now paid the Living Wage, (uprated this month to £8.25 per hour) but thousands who deliver public services in the community and private sectors don't yet receive it, particularly in social care.
New Statutory Guidance from the Scottish Government sets out how the Procurement Reform (Scotland) Act 2014 enables all public bodies to spread the benefits. Previous legal objections no longer apply.
Infrastructure Secretary Keith Brown said that employers "must now recognise that they cannot adopt exploitative practices in relation to their workers and expect... lucrative public contracts."
The Guidance on Addressing Fair Work Practices sets out how public bodies can legally include payment of the Living Wage in contracts, along with other employment matters, such as trade union recognition and representation and no "inappropriate" use of zero hours contracts.
(The Living Wage is a voluntary level for over 18s, higher than the current statutory National Minimum Wage (NMW) of £6.70 per hour for over 21s. It is an independent calculation of what is required to cover the basic cost of living.
While the increased legal minimum announced by Chancellor George Osborne as a new National Living Wage (NLW) of £7.20 per hour for over 25s in his July 2015 Budget is welcome, it is in effect a higher NMW, not a real living wage. It is nothing like enough to compensate for cuts to tax credits. IPPR Scotland said for low and middle income Scottish families the impact is "vastly outweighed" by the cuts.)
It is vital to progress the Living Wage in social care, which is facing a growing staffing crisis. The Scottish Government, COSLA and care providers are currently involved in discussions about how best to drive up pay in the care at home/housing support sector, recognising the links between pay, quality of care, retention and recruitment etc.
An interim funding deal is likely, with work continuing on a more robust proposal for 2016/17, alongside analysis of the full financial impact of the NLW 2016 to 2020 announcement and the overall cost of residential and non-residential social care.
UNISON wants to see the Living Wage included in all social care contracts and will also press our Ethical Care Charter. However, we accept that this has to be fully funded. We welcome the Scottish Labour party's proposal to pay the Living Wage to all those working in social care.
UNISON branches should study the guidance in detail and ensure that public bodies: revise their procurement strategy to include the Scottish Living Wage; specify compliance with the S52 guidance in procurement documents and the consequences for the LW; revise their tender evaluation procedures to take account of the LW and other employment and 'fair work' standards. These can include no zero or nominal-hours contracts, trade union recognition and the Ethical Care Charter.
Under the Act, public bodies are required to set out their general policy on the Living Wage in their procurement strategy. Bids can be evaluated against that policy and payment of the Living Wage can become an enforceable performance clause. For contracts with a strong workforce element, such as social care, there can be a significant weighting in the evaluation for workforce matters.
With a civil society coalition behind '10 Asks' on the legislation, we had called for the Living Wage to be mandatory for all those working on public contracts. The guidance does not go that far but is an improvement.
UNISON still believes that EU law would allow it to be set as a contract condition. Advocate General Mengozzi's opinion, given on 9 September 2015 in RegioPost GmbH v Stadt Landau (C-115/14), was that EU law did not prevent contracting authorities setting conditions relating to the payment of minimum wages.
Further Statutory Guidance later in 2015 will cover areas including the Sustainable Procurement Duty, fair trade and tax dodging. There is separate guidance on blacklisting.
Thursday, 1 October 2015
Creating better jobs starting with those who care for others
If we are to create better jobs in Scotland we need to recognise and take action on job security, worker control, appropriate demand, fair pay and opportunities for training and development.
I was giving evidence yesterday to the Scottish Parliament's Energy and Economy Committee's inquiry into work, wages and wellbeing. The evidence to the committee is well summarised in the Spice briefing.
While the impact of low wages and poor quality jobs on individuals and the economy are becoming better understood, it also has an impact on health. Professor Bambra's evidence to the committee argues that low quality work combines low levels of control with high psychological demand which can lead to increased levels of chronic stress, muscoskeletal conditions, heart disease, hypertension, obesity and mental illness.
There is also a strong economic case for better jobs. Well made by Professor Chris Warhurst at today's committee. The outcome of the current race to the bottom is the precariat. In some countries this can constitute as much of 25% of the workforce, whose contracts are either temporary or informal, or who arrive via employment agencies. In Scotland the numbers on zero hours contracts, particularly in the care sector, are understated because they largely ignore workers on nominal hour contracts.
This approach isn't even efficient. A study by economists at Delft University has concluded that a flexible workforce needs an expanded management bureaucracy to oversee it. Because precarity damages trust, loyalty and commitment, it demands more management and control. An entire generation of free-market workers has begun to act according to the factory adage of the old Soviet Union: “We pretend to work, they pretend to pay us.” The researchers conclude: “Easy hire and fire is at the cost of organisational learning, knowledge accumulation and knowledge sharing, thus damaging innovation and labour productivity growth.”
In its evidence to the Low Pay Commission, UNISON has highlighted that the conditions of the economy meet all the key criteria set out by the Low Pay Commission in its 2014 report as necessary for significantly faster increases in the minimum wage. These include; rising real wages in the economy generally, stable employment and an expectation of sustained economic growth.
Other factors supporting an increase in wages are the upward trend in the scale of low pay in the economy. This will be exacerbated by Government cuts to tax credits and other benefits, particularly for workers with families. The value of the National Minimum Wage has been eroded in comparison to the Living Wage and young workers have been penalised through the lower rates and their exclusion from the new so called National 'Living Wage'. At the other end of the scale there is the growth in the income of high earnings groups that has entrenched the UK’s position as one of the most unequal countries among comparable nations that are members of both the EU and OECD.
The committee asked us for specific evidence on the care sector that constitutes nearly 8% of the Scottish workforce and is a sector largely funded by the Scottish Government. The size of the Scottish care workforce has increased to 199,670, an increase of 5.3%. 77% of these work in home care and 85% are women.
There are some very poor employers in this sector and they have been encouraged by poor procurement practice. The Procurement Act and new statutory guidance should enable us to tackle this by evaluating future bids on their workforce policies including the payment of the living wage. However, the better employers rightly say that this must be funded properly. Given the leverage of government money there is an opportunity to develop the sort of sectoral bargaining that has been so successful in raising standards and productivity in other parts of Europe.
The care sector is a good example of where the race to the bottom in job quality and wages takes us. Staff who are desperate to exit the sector, creating high turnover, losing the continuity of care that is so important.
This inquiry is a welcome look at an important and complex issue and I look forward to their conclusions. However, there are practical actions the Scottish Government could take to develop the ideas in the Working Together report and Fair Work Convention. The care sector would be a good place to start.
Saturday, 6 June 2015
Giving social care the priority it deserves
The social care crisis in Scotland is not given the priority it deserves, but there is a growing consensus about what needs to be done.
I was speaking at the Care Scotland, care at home conference on Friday. The panel was asked to set out what’s wrong with home care and how we would fix it.
On a national and local level we need to fix the crazy commissioning system that isn’t working for anyone. It isn’t working for providers who are struggling to maintain a viable business model. It isn’t working for staff; either social workers that are trying to put packages of care together, or home care staff that are the real victims of the race to the bottom in pay and conditions. Most importantly, it isn’t working for service users, who suffer from the high turnover of staff with little continuity of care, or are stuck in a hospital bed because there are no staff to care for them at home.
The solution primarily needs proper funding. It’s easy to blame politicians for obsessing about the NHS, but they are often just following public opinion that rarely understands that social and NHS care are interlinked. Personally, I am coming to the view that we need an agreed national rate for home care, as we have for residential care. This would be a rate that is dependent on providers paying the Scottish Living Wage and maintaining a range of other workforce standards. One of the merits of a national rate as against a local top up is that it wouldn’t just reward the bad employers in the sector.
That leads me to the second issue, employment standards. Any funding agreement has to include the key elements of UNISON’s Ethical Care Charter. The new procurement guidance rightly recognises that paying the Scottish Living Wage alone is not enough because some providers will simply cut other conditions. There needs to be action on zero and nominal hour contracts, sick pay and travel time. In addition, what comes through strongly in all our surveys is the importance of giving staff time to care and proper training linked to career progression. A recent UNISON survey highlights frighteningly low levels of training. Caring should be a great job and many staff I meet recognise that. But the household bills have to be paid and so many end up stacking shelves in supermarkets instead.
I am pleased to say that there was a broad consensus amongst the panel at yesterday’s conference on what needs to be done. Scottish Care also launched their latest research report on this issue, which is well worth a read.
The media headline was all about freezing heath spending, but the key finding is that investment in better social care for older people would improve their lives and help to cut emergency hospital admissions. In 2012-13, the average emergency hospital admission for over-65s lasted for 11.8 days, at an average cost of £4,846. That amount could fund either care at home for a week for 27.7 older people or 9.28 weeks in a residential care home for one pensioner.
Ranald Mair, chief executive of Scottish Care, said: "If we're going to manage to keep more people out of hospital, to maintain them in their own homes and also to prevent them going into long term care at an early stage, then we actually have to invest in home care. The danger at the moment is that we're continuing to invest in hospitals and as you know, all politicians want to be the defenders of the NHS. This isn't an attack on the NHS, let me be clear. If people need to go to hospital that's where they should be. But what we know is that over 20% of admissions of older people to hospital are 'unnecessary' admissions. They're not going in because of their clinical needs, they're going in because of their circumstances and because of the lack of alternatives."
It’s hard to disagree with that. Investment in social care and in particular the staff who deliver care, needs to be one of our highest priorities.
Thursday, 30 April 2015
Work and Poverty
UNISON has launched a Childcare Charter calling for the provision of high quality childcare in this we also point out that Getting it Right For Every Child cannot be separated from improving how work fits into family life. As in work poverty continues to grow we need to look at the balance between hours worked, rates of pay and the need to undertake caring responsibilities in order
Almost two thirds of children living in poverty have at least one working parent we need to look at how make sure that work does indeed guarantee freedom from poverty. Child Poverty Action Group (CPAG)have published a new paper Round the Clock: in work poverty and the hours question. They pose the question “How many hours should parent work (in order not to be poor)? The research is not just about how much you can earn but how you balance working hours with looking after children. The research involves an evidence review on attitudes to parental employment, a poll asking how many hours it was reasonable for parents to work and when those hours should be, taking the polling results to focus groups and also asking more about working hours expectations for lower paid parents and finally taking the results to employers to hear their views. The report also considers the policy implications of the findings.
Choices about how and when to work are made in an economic and social context. Most people think that once you have children you will have to reduce spending in some areas because you have higher costs in others. An EHRC study on working preferences in 2009 found that 57% of high income households had a stay at home parent in contrast to only 25% of those on low incomes. As the recession has progresses average earnings have decreased and so those on low pay to work longer hours to make ends meet.
One and a half to two earner households have a very low risk of poverty, part-time work does not protect couple families or lone parents from poverty.
Children in lone parent families still have a substantial risk of poverty even if their parent works full time. Almost one third of children whose parents are self employed (a growing sector of the workforce) live in poverty
Changes to the benefits and tax system (including universal credit) incentivise those on low incomes to increase working hours while endorsing the traditional breadwinner role for the better off.
Poverty reduction strategies seem to be focused in encouraging all parents to work full time. The planned and recent expansion of childcare provision is increasingly linked to parental employment rather than child development. At the same time governments are also promoting programmes encouraging positive parenting and parents spending “quality time” with children. Running across the debate is an increasing confusion between the constraints that low incomes place on peoples’ parenting choices and actual neglect/harmful activities by parents.
Only 25% of parents were content with the balance between their home and working lives, 77% reported that work cut into the time they had available to helping children with homework, taking them to clubs and putting them to bed.
When asked how they would like to strike a better balance 27% would work less hours, more than a quarter saying they would take a pay cut to do so. 22% would give up work altogether, 22% would like to work from home some of the time and 21% would like flexible hours.
The survey went on to ask what working hours were thought to be reasonable for parents per week. Interestingly there was no clear gender social class or political persuasion link to responses. For many the one full time one part time working parent is now deemed the norm. participants thought it was reasonable for a lone parent to work more hours than “the carer” parent in a two parent household. Respondents also felt it was more reasonable for lone parents to work longer hours and by the time children were 3 very few felt it was reasonable for lone parents not be in work. They did though not expect both parents in a two parent family to be in full time work at this stage.
In focus groups it was clear that most think the balance of work/childcare is deeply personal, it was also felt that debates about working parents don’t focus enough on the needs of the child which it was widely believed should be put back in the picture. Parents frequently asked why parenting was not valued despite its “societal importance and manifold rewards” As UNISON’s charter states “While childcare should enable parents to work its focus must be on what’s best for children and their development”.
Key points from the CPAG report
Affordable quality childcare is essential, this means not just nurseries but also around school hours and summer break for older children.
Children also need relaxed quality time with parents: expanded childcare is not a substitute for this.
Vital role for tax credits in supporting those working less than full time but those in full-time work should have a living wage and not require benefits to live.
Flexible working can be a double edged sword: flexibility can be good but zero hours and short notice demands for extra or just insecure weekly hours difficult when childcare has to be booked and paid for regularly and in advance. It doesn’t mean the same thing for those at the top and bottom of the wage scale. Parents need predictable hours.
Wage progression is an essential part of a poverty reduction strategy so we need more childcare support for those undertaking training.
Working more hours helps people earn more money but cannot forget the importance of decent pay rates
Value of benefits must be restored to pre 2010 levels.
In work poverty is produced by three things: levels of pay, hours worked and level of in work benefits. Need to tackle all three and ensure that parents have the time levels of income to allow them to spend time with their own children.
UNISON’s Childcare Charter is available here
Tuesday, 4 November 2014
Inequality in Scotland: much needed detail and analysis
A new paper Inequality in Scotland: New Perspectives from David Bell, David Eiser and Michael McGoldrick, adds some much needed detail and policy analysis to an often simplistic debate around poverty and inequality in Scotland (and elsewhere). The paper contains a great deal of data from large scale surveys over the last thirty years attempting to identify the economic and social trends in Scotland.
There is also an analysis of the effect of policies on the distribution of income between rich and poor both those where that is the intended aim (tax and welfare) and others (housing or energy policy) which have other objectives.
Their analysis finds that the extent of distribution hasn’t changed much since the 1980s. The UK tax and benefits system still redistributes income at about the OECD average. As expected the minimum wage has been effective in raising wages at the bottom. This makes life better for lots of people. Sadly, if high earners continue to see massive increases in their wages and don’t pay a reasonable amount of tax on those earnings, income inequality will (and does) remain high. There is a detailed section on the Living Wage. Their research indicates that low pay is widespread across Scottish households with many combining a mix of high, medium and low earners. While the living wage will address individual wage inequality, household income inequality may not reduce. The picture is therefore complex. Within households the presence of a medium (or high earner) does not mean all those in the household have access to that income. Inequality exists within as well as between households. This analysis is therefore important but not really an argument against expanding the living wage to more workers.
There is a lot of debate about income tax and welfare spending in Scotland, much less discussed recently is the role of indirect taxes, which across the world are increasingly favoured by governments as an alternative to direct taxation. These increases inequalities as poorer households contribute more of their income on, for example VAT, than the rich. The same is true of energy policy as although better of people have higher bills the costs of energy takes up a much larger proportion of poorer households’ incomes.
What the report doesn’t look at all is the impact of public services on inequality and their role in reducing inequality through redistributing the cash value of services that would have to be paid for directly if not provided free at the point of use, like sending children to school, getting your refuse collected or visiting the doctor. This would have been a useful addition to the debate. The tax debate isn’t just about levels but about how we use the money that’s raised.
Let's be bolder on tackling poverty pay during Living Wage Week
Wednesday, 3 September 2014
Britain needs good jobs and a pay rise
Wednesday, 27 August 2014
Cleaners are Worth It
of living just seems to go up and up. How can people live healthily when the healthy foods cost so much and the prices keep going up.”
Wednesday, 9 July 2014
Public service workers in the front line of the attack on wages
Matt Sykes, at the Touchstone blog sets out why public service workers are taking action. He argues that it’s a wider manifestation of the anger and frustration felt by public sector workers over pay and living standards. Industrial action is the inevitable consequence when you have a government that makes announcements over pay, rather than engage in a meaningful dialogue. The declaration that pay restraint will continue until 2018 is another example of this.
UNISON’s Heather Wakefield sets out the local government case at the Public Finance blog with a damning set of statistics on pay and the long-term impact on pensions. Again, there have been no real talks and the employers have refused to join the trade unions in independent arbitration.
The TUC has published figures that show how the UK government has frozen or limited pay increases to well below the cost of living. This has left local government and other public service workers on average £2,245 worse off in real terms since this government came into office.
Concern about the standard of living stretches into retirement. Research published by Aviva indicates that a fifth of people in Britain believe they will have to “work until they drop” because they cannot afford to retire. Money worries mean millions of over-40s are expecting to carry on working until they cannot physically continue. Others are concerned about paying their day-to-day bills without the regular income from employment coming in.
An important element of current pay claims is the Living Wage. The final report of the independent Living Wage Commission, chaired by the Archbishop of York, Dr John Sentamu says that the number of people on low pay in the UK can be slashed by over 1 million by 2020. The Commission warns that, if the government does not support the voluntary extension of coverage of the Living Wage, some working families will continue to rely on emergency measures, such as food banks and unsustainable debt, to get by. Currently 5.2 million people earn less than the Living Wage in the UK and the majority of people in poverty are now in working households.
This message is reinforced in the largest study of poverty ever conducted in the UK. The Poverty and Social Exclusion in the UK (PSE) project details how, over the last 30 years, the percentage of households living below society’s minimum standard of living has increased from 14% to 33% – despite the fact that the economy has doubled in size over the same period. These findings seriously undercut the UK government’s claim to be lifting people out of poverty through work. Cuts to welfare benefits add to the low pay misery.
The Joseph Rowntree Foundation’s annual Minimum Income Standard report looks at how much people have to earn taking into account family circumstances, the cost of essentials and changes to benefits. This shows that a lone parent with one child now needs to earn more than £27,100, up from £12,000 in 2008. A couple with two children need to earn more than £20,200 each, compared to £13,900 each in 2008. Single working-age people must now earn more than £16,200, up from £13,500 in 2008.
Public service workers are at the front line of the attack on wages, while this government awards handouts to the super rich. Tomorrow is just the start of a fight back to keep workers out of poverty.
Friday, 9 May 2014
Progress on the Scottish Living Wage and procurement
Progress with spreading the benefits of the Scottish Living Wage depends on a robust approach to public sector procurement.
The Procurement Reform Bill reaches its final stage in the Scottish Parliament next week and one of the most contentious issues has been the exclusion of the Scottish Living Wage. Labour's James Kelly MSP, who also led a separate debate on this issue, makes the case well in his recent Scotland on Sunday article. He is supported by a large civil society coalition who campaigned on this and other procurement issues.
In fairness to the Scottish Government, no one doubts their commitment to the Scottish Living Wage. Scotland leads the way in the UK with the implementation of the living wage across almost all the public sector. They have also funded an accreditation project that aims to encourage more private sector employers to adopt the living wage. The gap is procurement and this is largely due to the muddle and confusion over EU law.
The muddle is largely of their own making because they sent a very unwise letter seeking clarification from the EU Commission in 2012 that formed the basis for the current guidance. Daft letters tend to elicit daft answers and that is what they got. We had a perfectly straightforward statement from the Commission in 2009 setting out the way the living wage could be applied in procurement. That approach is supported by the counsel opinion we provided to the Committee considering the Bill. Only last week the EU Commission repeated their position, when they corrected another unwise speech from the First Minister blaming the EU for the problem.
Despite all this, I am pleased to say that we are now making some very real progress. The Deputy First Minister has tabled amendments to the Bill that does introduce the living wage for the first time. This approach gives public bodies legal clarity and a way of introducing the living wage into procurement. They will now be able to include the living wage in their procurement strategies in a way that will make it clear to contractors that, for relevant procurements, they will evaluate bids taking their employment policies including the living wage into account. That will then be included in the contract and can be enforced through contract performance.
This will be set out in more detail in the statutory guidance that public bodies 'must' take into account in relevant procurements. We have been given a very clear assurance from the DFM that the guidance will be robust, actively enforced and we will be involved in its drafting.
This is important because past experience has not always been positive in this regard. In particular, we already have the Local Government in Scotland Act s52 guidance that was supposed to end the two tier workforce. However, that has been poorly followed by many authorities. The irony is that if authorities properly applied s52 then the living wage would already be mandatory in public procurement. That's because the guidance covers not only new outsourcing, but also to a change of provider. As councils pay the living wage that should be specified in the contract now to avoid a two tier workforce.
Of course we still believe that the Scottish Government could go further and make the Scottish Living Wage mandatory. The legal basis is clear and the grounds for legal challenge minimal, not to mention unlikely for the reasons I set out to the Committee. But governments are cautious beasts when it comes to legislation and the DFM has promised to pursue the issue further with the EU Commission. Verbally this time!
The absence of a mandatory provision means that public bodies might not make the necessary changes to their procurement policies. The main issue here is cost and the key area is social care contracts. This is being addressed in other forums and progress on this issue is the next big step forward. We believe the costs are not massive and in any case the current arrangements are indefensible, as UNISON Scotland's 'Time to Care' report shows.
So not everything we would want, but very real progress and potential light at the end of this very long tunnel. The Scottish Living Wage makes a big contribution towards tackling in-work poverty and promoting sustained economic growth. Using Scotland's substantial public procurement spend will be a big step forward.
Thursday, 1 May 2014
Fighting Low Pay
The report contains detail on patterns of low pay in the UK which campaigners may find useful.
JRF make clear that voluntarism (waiting for companies to just raise pay themselves) "faces an uphill struggle if it’s to successfully reduce the relatively high incidence of low wage/low quality employment in the UK economy”. There is no substitute; it seems, for trade union action when it comes to improving workers lives.
There are now more people living in poverty in households with work than in households with no work.
5% of jobs (around 1.5 million) are minimum wage jobs (NMW) in the UK. And 20% of workers (5million) earn less than the Living Wage £7.65 per hour. This places the UK second only to the US in having high numbers of low paid workers.
The report also shows that the relationship between low pay and in work poverty is complex. Multi earner households even on low pay can avoid poverty just as a single earner can be living in poverty on a reasonable wage if they have non- working dependants. In fact 44% of adults in working poverty aren’t low paid.
Hospitality, retail and cleaning sectors are the worst offenders. They account for 54% of minimum wage jobs. Social care, transport, food processing and storage account for 4% each.
The incidence of low pay rises as the size of the organisation falls. Minimum wage jobs account one in 20 jobs in a large firms but one in 12 in small firms.
A 2011 survey (Workplace Employment Relations Survey WERS) showed that in one in six private sector workplaces one in four employees were paid an hourly rate below the adult NMW. The proportion in the public sector is one in forty. It’s no coincidence that trade unions have stronger representation in the latter.
The continued outsourcing of care and cleaning jobs from the public sector raises real concerns for the future wage rates of workers in these sectors.
What is clear is that low pay while not the sole determinant is a key factor in ensuring that many people live in poverty. And in work poverty costs the rest of us money.
If the Living Wage was paid across the UK we would save £3.6billion through a combination of increased tax revenues, higher National Insurance Contributions and reduced spending on tax credits. In short our taxes subsidise low paying companies’ profits.
UNISONs proposals to the Procurement Bill, currently being taken up by the Scottish Government, to guarantee the living wage and open up public contracts to smaller companies will help reduce the incidence of low pay. Joining a union and fighting for your rights will be even better






