Alan Johnson MP

Labour is the party of fair chances and fair rules. This month the Government is introducing three new rights:

o Extending the right to request flexible working
o Increasing statutory holiday entitlement
o Strengthening enforcement of the National Minimum Wage

These new rights build on a series of achievements by Labour which has delivered a fair deal in the modern workplace. These measures are not happening by accident. They are rights that would never have been introduced by a Conservative Government and shows the difference a Labour Government makes for hard-working people.

1. Increasing statutory holiday entitlement

• From 1st April 2009 statutory holiday entitlement will increase by 4 days to 5.6 weeks for full-time workers (28 days), pro rata for part-timers, benefiting 6 million people.

• This increase builds on the announcement in October 2007, where all workers have had the statutory right to at least 4.8 weeks paid annual leave (that’s 24 days paid holiday if you work five days a week).

2. Extending the right to request flexible working

• From 6th April 2009 the right to request flexible working will be extended to parents of children aged 16 or under, benefiting an extra 4.5 million people.

• If you have a child aged 16 or under, you are an employee and you have worked for your employer for 26 weeks continuously before applying, you will have the statutory right to ask for flexible working.

• Under the law your employer must seriously consider any application you make, and only reject it if there are good business reasons for doing so. You have the right to ask for flexible working - not the right to have it.

• Previously, the right to request flexible working applied to employees with disabled children, or children under the age of six, and carers of adults. In 2008 14 million employees worked flexibly within the last 12 months with 91% of requests being granted.

3. Strengthening enforcement of the National Minimum Wage

• It is the tenth anniversary since the National Minimum Wage was first paid. On this important anniversary Labour is building on this achievement by significantly strengthening its enforcement so that everyone gets what they are legally entitled to.

• Rogue employers who underpay staff by not meeting the NMW will face tough new penalties. We are introducing a fairer method for dealing with national minimum wage arrears, calculated so that workers do not lose out as a result of underpayment. And employers breaking the law will face automatic penalties with a maximum penalty for non-payment of up to a potentially unlimited fine. The most serious cases of non-compliance will also be tried in a crown court.

Labour achievements

Since 1997 the Labour Government has delivered key rights to enable a fair deal at work:

• Labour introduced the National Minimum Wage and then increased it year on year.

• Employees have protection against unfair dismissal after 12 months in a job, instead of after two years. The maximum compensation has risen from £12,000 to £63,000.

• Labour gave part-time workers the right to equal pay rates, pension rights, pro-rata holidays and sick pay.

• Everyone has the right to a 20 minute break if the working day is more than six hours, a minimum 11 hour rest period between working days and at least two days off in a fortnight.

• Every worker now has the right to be a member of a trade union and be represented in grievance and disciplinary hearings.

• Labour introduced the right to paid leave of 24 days increasing to 28 in April 2009.

• Labour extended paid maternity leave to 39 weeks, which has now been increased to £123.06 a week.

• Paid paternity leave – New fathers now have the right to two weeks paid time off when their baby is born.

• Paid adoption leave – Statutory Adoption Pay and leave has been introduced for the first time ever, mirroring Statutory Maternity Pay and leave.

• Labour extended the right to request flexible working for parents of children aged 16, disabled children under 18 and to carers.

• All parents and carers now have the right to time off to deal with unexpected problems for their dependants such as family illness.

• Agreement has been reached between the Government, TUC and CBI on a British framework for implementing the European Agency Workers Directive, giving increased protection to agency workers. 

• Labour introduced the Corporate Manslaughter and Homicide Act which makes prosecutions of negligent organizations more effective. They can now be convicted of manslaughter if their activities are managed or organised in a way that causes a person’s death and is a gross breach of the duty of care. On conviction an organisation can face an unlimited fine, a remedial order to remedy the fatal breach and a publicity order. This new power to prosecute organizations stands alongside the existing ability to prosecute individuals for gross negligence and for health and safety offences.

• Union Learning Fund – £50m investment has supported 450 projects in 3,000 workplaces, helping 67,000 workers to improve their skills.