AS THE Employment Rights Bill passes through its parliamentary stages, now is the time for trade unionists to cut through the exclusive, technocratic nature of parliamentary procedures and understand what the Bill really means for workers.

Where are the loopholes and how, with trade union lobbying, might it be improved?

As a trade union think tank, the labour law experts at the Institute of Employment Rights (IER), have been informing the debate on defending and restoring labour rights for over 35 years and we see the government’s Bill as a welcome step in the right direction. But can it be improved? As an independent trade union movement, we should be looking at the proposals with an informed and critical eye.

The current political window has been referred to as a once-in-a-generation opportunity to restore workers’ rights and rebalance the power relationship between workers and employers.

This rebalancing is sorely needed to restore worker voice and democracy in the workplace, both demolished since the start of neoliberalism.

The question is whether this legislation goes far enough to rebalance the power relationship properly and whether it is robust enough to withstand attacks from the media and lobbying by employers’ associations.

Our experts have been involved in the evolution of the Bill through its various policy phases. Most notably, John Hendy KC and Keith Ewing helped the CWU and other trade unions to draft the New Deal for Workers, ably assisted by Andy McDonald MP.

The IER’s experts are therefore perfectly positioned to identify the possibilities and pitfalls of the legislation. Their knowledge and understanding can help warn against any “trap doors” drafted into the legislation following hostile employer lobbying during the legislative process.

We know there are many in the labour and trade union movement who want early and informed warnings about what is in — and what is not in — the Bill so they can act swiftly.

With this in mind, IER created a series called the IER Podcast. Producing podcasts is a new initiative for IER, (with the kind assistance of Thompsons Solicitors — the podcast sponsors, and Creative Kin — our podcast producers) and one we hope will add a layer of informed debate for those interested in the Bill.

In our first episode, prior to the publication of the Bill, Professor Keith Ewing (IER president), and Lord Hendy KC (our chairperson), discussed with our senior vice-president Carolyn Jones some of the backstory behind the Bill, why it is so sorely needed for workers, and some of the predicted implications of the Bill.

In episode 2, IER executive committee member Sarah Veal (former head of equality and employment rights at the TUC), shared her experience of working with previous labour governments and offered a cautionary tale of how legislation can be watered down during amendment and implementation phases.

Lydia Hayes (Professor of Labour Law at the University of Liverpool) shared her initial thoughts on proposals contained in the Bill for the introduction of fair pay agreements in the adult social care sector.

Sectoral collective bargaining could deliver the restoration of pay and rights so desperately needed in that sector and beyond. Hayes shares her thoughts on whether the Bill is likely to deliver.

In episode 3 (the first one I hosted — a nerve-wracking yet exhilarating experience!) Nicola Countouris (an IER vice-president and Professor of Labour Law at University College London) discussed with Ewing their initial analysis of the pros and cons of various aspects of the Bill, immediately after the Bill was published.

Episode 4 heard Neil Todd (Thompsons Solicitors) and Ewing discuss the implications of those aspects of the Bill that address zero-hours contracts. They also considered to what extent the Bill is likely to stop another P&O-style fire-and-rehire situation (spoiler alert — it won’t).

In episode 5, Sandy Fredman (Professor of Law at the University of Oxford) and Dr Joe Atkinson (University of Southampton) discussed the implications of the government’s upcoming equality legislation changes. They also touched on the implications of workers being managed by algorithm at work — a creeping dystopian trend for workers’ rights, which needs serious regulation.

At the time of writing, we have just published the first part of our final two episodes on the need for the restoration of collective labour rights in Britain. In them, Ewing and Hendy discuss how workers, their trade unions and the economy, could benefit from a boost to collective rights by raising wages and significantly reducing levels of inequality in Britain. We hope to have those episodes out in the next couple of weeks.

You can get the IER podcast on all major podcast platforms, links of which can be found on our dedicated podcast webpage.

If you are interested in the finer details, we have produced a briefing on the Bill, as well as a provisional list of potential amendments (which will be updated over time), and other useful resources, which can be found on our ERB resource page — www.ier.org.uk/the-ier-podcast.

James Harrison is director of the Institute of Employment Rights.