Gangmasters (Licensing) Act 2004
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Gangmasters (Licensing) Act 2004
The Gangmasters (Licensing) Act 2004 (c 11) is an Act of the Parliament of the United Kingdom that regulates the agencies that place vulnerable workers in agricultural work, and the shellfish collecting and packing industries (s.3). It is the most recent plank of UK agency worker law. It establishes the Gangmasters Licensing Authority (s.1), which requires that all such agencies have a licence before they operate, and adhere to proper labour practice standards. Most of its provisions came into effect after 2005. The immediate cause of the legislation was the 2004 Morecambe Bay cockling disaster, where 21 Chinese immigrant labourers were left to drown by their employers (the racketeers were subsequently convicted of manslaughter, and some deported back to China) off the coast of Lancashire as the tide swept in around them. The Gangmasters Licensing Act was based on a voluntary project, the UK Temporary Labour Working Grou carried out by companies in conjunction with trade union ...
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Short Title
In certain jurisdictions, including the United Kingdom and other Westminster-influenced jurisdictions (such as Canada or Australia), as well as the United States and the Philippines, primary legislation has both a short title and a long title. The long title (properly, the title in some jurisdictions) is the formal title appearing at the head of a statute (such as an act of Parliament or of Congress) or other legislative instrument. The long title is intended to provide a summarised description of the purpose or scope of the instrument. Like other descriptive components of an act (such as the preamble, section headings, side notes, and short title), the long title seldom affects the operative provisions of an act, except where the operative provisions are unclear or ambiguous and the long title provides a clear statement of the legislature's intention. The short title is the formal name by which legislation may by law be cited. It contrasts with the long title which, while usual ...
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Ethical Trading Initiative
The Ethical Trading Initiative (ETI) is a UK-based independent body founded on 9 June 1998, which brings together companies, trade unions and non-governmental organisations (NGOs) to ensure compliance with international labour standards in the global supply chains of member companies. Minimum ethical standards are set out in the ETI Base Code. Origin The mid 1990s saw increased awareness of sweatshop working conditions for overseas garment and factory workers. This triggered calls for radical change regarding the ethics of employment overseas factories. As a reaction, companies created their own codes of conduct and set moral expectations for their supply chains. These set maximum working hours, minimum pay and codified the employees' freedom of association. Investigation had found that former companies’ codes of conduct were, in effect, futile as they inadvertently controlled the workforce further. Additionally, enforcement of these codes was through in-house, company-paid mon ...
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United Kingdom Labour Law
United Kingdom labour law regulates the relations between workers, employers and trade unions. People at work in the UK can rely upon a minimum charter of employment rights, which are found in Acts of Parliament, Regulations, common law and equity (legal concept), equity. This includes the right to a minimum wage of £9.50 for over-23-year-olds from April 2022 under the National Minimum Wage Act 1998. The Working Time Regulations 1998 give the right to 28 days paid holidays, breaks from work, and attempt to limit long working hours. The Employment Rights Act 1996 gives the right to leave for child care, and the right to request flexible working patterns. The Pensions Act 2008 gives the right to be automatically enrolled in a basic occupational pension, whose funds must be protected according to the Pensions Act 1995. Workers must be able to vote for trustees of their occupational pensions under the Pensions Act 2004. In some enterprises, such as universities, staff can Codetermina ...
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Agency Workers Directive
The Temporary Agency Work Directive''2008/104/ECis an EU Directive agreed in November 2008 which seeks to guarantee those working through employment agencies equal pay and conditions with employees in the same business who do the same work. It is the third piece of legislation in the European Union's employment law package to protect atypical working (the others being for part-time workers and fixed-term workers). Though it was proposed in 2002, the British, German, Danish and Irish governments blocked its enactment until 2008. Provisions The Directive on temporary agency work includes two main principles, which are at the same time at the centre of a balanced approach to regulation on temporary agency work: Article 4 sets clear limits to prohibitions and restrictions that may be imposed on the use of temporary agency work. These are only justified on grounds related to the protection of temporary agency workers, to ensure that the labour market functions properly and that abuse ...
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Employment Rights Act 1996
The Employment Rights Act 1996 (c. 18) is a United Kingdom Act of Parliament passed by the Conservative government to codify existing law on individual rights in UK labour law. History Previous statutes, dating from the Contracts of Employment Act 1963, included the Redundancy Payments Act 1965, the Employment Protection Act 1975 and the Wages Act 1986. It deals with rights that most employees can get when they work, including unfair dismissal, reasonable notice before dismissal, time off rights for parenting, redundancy and more. It was amended substantially by the Labour government since 1997, to include the right to request flexible working time. This coincides with the Rights at Work Act 1995. Part I, Employment particulars An employee has an employment contract. ERA 1996 section 1(2) states, that the main terms of the contract must be in writing and provided to the employee within two months of the start of their employment. This document is called a "written statement o ...
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Permanent Employment
Permanent employees work for an employer and are paid directly by that employer. Permanent employees do not have a predetermined end date to employment. In addition to their wages, they often receive benefits like subsidized health care, paid vacations, holidays, sick time, or contributions. Permanent employees are often eligible to switch job positions within their companies. Even when employment is "at will", permanent employees of large companies are generally protected from abrupt job termination by severance policies, like advance notice in case of layoffs, or formal discipline procedures. They may be eligible to join a union, and may enjoy both social and financial benefits of their employment. With exception of South Korea, France, Germany, India and Japan where extensive laws and regulations make firing of permanent employees nearly impossible, rarely does "permanent employment" mean employment of an individual that is guaranteed throughout the employee's working life. In ...
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Deregulation And Contracting Out Act 1994
The Deregulation and Contracting Out Act 1994 (c. 40) is an Act of Parliament. It introduced wide-ranging measures with aims including reducing burdern on people in trade created by previous Acts such as the Shops Act 1950, changes in transport legislation, changes in utility legislation, changes in financial services among others. It also contained so called Henry VIII clauses, which meant ministers could amend previous primary legislation through order (i.e. drafted by the Secretary of State without a vote in Parliament). The Act was largely repealed and replaced by the Regulatory Reform Act 2001. Part II of the Act, which remains in force, includes a general power to outsource "any function of a Minister or office-holder" if the minister "by order so provides". Repeals The following Acts were entirely repealed by this Act: * Shops Act 1950 * Shops (Airports) Act 1962 * Shops (Early Closing Days) Act 1965 The following Acts were partially repealed by this Act: * Mercha ...
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Employment Agencies Act 1973
The Employment Agencies Act 1973 (c.35) is a United Kingdom Act of Parliament and part of a wider body of UK agency worker law. It regulates the conduct of employment agencies which recruit and manage temporary and permanent labour. It applies to approximately 17,000 employment agencies operating in the UK. It was introduced by a private member's bill by Kenneth Lewis, member of parliament for Rutland and Stamford. History Introduction In its original form, the Act provided for a system of licensing. Each business which wanted to set up an employment agency was required to have a license which would be denied or revoked if set standards (e.g. no registration fees for workers; no advertising of non-existent jobs) were not followed. The Act came at the same time as similar reforms around Europe, for instance, the German ''Arbeitnehmerüberlassungsgesetz'' (Employee Hiring Law of 1972). Regulations prescribing further detailed rules were implemented in 1976. Amendments In 1994, ...
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2004 Morecambe Bay Cockling Disaster
The Morecambe Bay cockling disaster occurred on the evening of 5 February 2004 at Morecambe Bay in North West England, when at least 21 Chinese illegal immigrant labourers were drowned by an incoming tide after picking cockles off the Lancashire coast. Disaster David Anthony Eden Sr. and David Anthony Eden Jr., a father and son from England, had allegedly arranged to pay a group of Chinese workers £5 per 25 kg (9p per lb) of cockles. The workers had been trafficked via containers into Liverpool, and were hired out through local criminal agents of international Chinese Triads. The cockles to be collected are best found at low tide on sand flats at Warton Sands, near Hest Bank. Some 30 cockle pickers set out at 4pm. The favoured area for cockle picking is close to the low tide line near the confluence of the Keer Channel and the Kent Channel, approximately north of Morecambe. The Chinese workers were unfamiliar with local geography, language, and custom. They were cut off ...
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England And Wales
England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is English law. The devolved Senedd (Welsh Parliament; cy, Senedd Cymru) – previously named the National Assembly of Wales – was created in 1999 by the Parliament of the United Kingdom under the Government of Wales Act 1998 and provides a degree of self-government in Wales. The powers of the Parliament were expanded by the Government of Wales Act 2006, which allows it to pass its own laws, and the Act also formally separated the Welsh Government from the Senedd. There is no equivalent body for England, which is directly governed by the parliament and government of the United Kingdom. History of jurisdiction During the Roman occupation of Britain, the area of present-day England and Wales was administered as a single unit, except f ...
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Gangmasters Licensing Authority
The Gangmasters and Labour Abuse Authority (GLAA) is the foremost intelligence and investigative agency for labour exploitation in the UK. Its role is to work in partnership with police and other law enforcement agencies such as the National Crime Agency to protect vulnerable and exploited workers and disrupt and dismantle serious and organised crime. History The Gangmasters Licensing Authority (GLA) was established on 1 April 2005 by the Gangmasters (Licensing) Act 2004, passed in the aftermath of the 2004 Morecambe Bay cockling disaster. The authority was handed a remit of preventing the exploitation of workers in the fresh produce sector — agriculture, horticulture, shellfish gathering, and all associated processing and packaging. Initially, the authority sat under the control of the Department for Environment, Food and Rural Affairs (Defra) but on 9 April 2014 it was switched to the control of the Home Office. In making the announcement, Prime Minister David Cameron stated ...
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