Unite calls on Miliband to "right the wrong" of the Miami Five and to stop pussyfooting around with the Agency Workers directive

1 October 2009

Speaking on the plight of the families of the Miami 5 - and on the forthcoming Agency and Temporary Workers legislation in the debate on the 'Britain in the World' report at the Labour party conference on October 1st, Unite assistant general secretary Tony Burke said:

On the Miami Five: "I want to remind this conference about the disgraceful attack on human rights that the USA is continuing against Cuba through the economic blockade and through the unjust imprisonment of the Miami 5.

"This wrong is compounded by the outrageous treatment that the wives and children of these five Cubans have suffered through the denial of basic human right to visit their husbands and fathers.

Our Foreign Office ministers should make clear to Hillary Clinton and Barack Obama that the refusal of visitation rights for the wives and children of the Miami 5 for the past 11 years is a fundamental breach of human rights, contrary both to the standards for the humane treatment of prisoners and to a state's obligation to protect family life. David (Miliband - UK foreign secretary)  – help us to right this wrong!"

On Agency And Temporary Workers Legislation: "The government’s commitment to implementation of this long overdue directive is welcome but what we need to ensure is that we legislate now.

"And let us be clear, the new regulations have to be watertight.

"The published proposals highlight just how many potential loopholes there are for agencies to use to get round the legislation.

"There are proposed exemptions for different types of businesses and different legal definitions.

"Unite knows that employers are already employing legal advisors to try and undermine every clause of this directive. In a trade magazine recently an employment lawyer was advising employers in the hospitality industry how to avoid the directive.  It said: 'as you approach the 12 week limit switch their job from receptionist to bar' as just one example.

"Another idea is to describe agency workers as 'trainees' and some companies are looking to get round the legislation by calling agency workers as 'self employed'.

"And we have hundreds of companies exploiting agency workers – using them as low paid, replacements for permanent well paid staff. It is for this reason we need to make sure that the new law is totally watertight!

"So yes we know that only a Labour government would have gone down the route of implementing this directive.

"But instead of seeking exemptions the government must aim to include all temporary and agency workers.

"There needs to be strong anti-avoidance measures that make it illegal to use dismissal or any other action to avoid the effect of the directive.

"And we must have severe penalties for those that do not comply. Let us make sure that we apply these basic principles of Labour values to those workers in the UK who are amongst the most vulnerable:

  • Lets ensure that agencies and their lawyers don’t get round the legislation
  • Lets get fairness for agency workers
  • Lets stop pussy footing around and get the legislation in – and get it in now!
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