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Reducing the risk of enforcing ‘sham’ contracts of employment through a new interpretive approach to the law

Summary of the impact

Research by Professors Alan Bogg and Anne Davies was influential in reforming the judicial approach to the interpretation of contracts of employment. For many years, English courts construed contracts of employment primarily by reference to the written agreement between the parties. This permitted a form of abuse called `sham self-employment', in which employers draft contracts in such a way as to create the false impression that individuals are self-employed, rather than employees or workers, so that they are not entitled to statutory employment rights. Work by Bogg and Davies was heavily relied upon by the Supreme Court, which, in a key decision in Autoclenz, acknowledged the problem, and held that courts and tribunals should henceforth be more alert to situations in which the written agreement between the parties does not reflect the true nature of their relationship. The ruling affects working people throughout the jurisdiction and in all sectors of the economy. Bogg and Davies' research thus made it more difficult for employers to use these unfair, `sham', arrangements to abuse workers.

Submitting Institution

University of Oxford

Unit of Assessment

Law

Summary Impact Type

Legal

Research Subject Area(s)

Law and Legal Studies: Law

Labour Earnings: Taxes, Regulation and Giving. Shaping Labour Market Policies of European Governments and Global Institutions

Summary of the impact

Southampton based research on the interactions of a minimum wage policy and tax evasion has had a direct and clearly acknowledged impact on shaping the labour market policies of Hungary and other Southern European countries, while its research on the role of universal versus targeted benefits on employment has had a significant impact on Swedish fiscal policy. Looking at labour market policies in a broader context and from a behavioural economics point of view (e.g. payroll giving), our findings on charitable giving and workers' motivation have also been used by the UK government's Behavioural Insights Team and impacted its recommendations on giving. The same research is currently influencing US policy on the tax treatment of charitable contributions.

Submitting Institution

University of Southampton

Unit of Assessment

Economics and Econometrics

Summary Impact Type

Economic

Research Subject Area(s)

Economics: Applied Economics
Studies In Human Society: Policy and Administration

Influencing employment relations policy and practice in the voluntary sector

Summary of the impact

Research by Professor Ian Cunningham and Professor Dennis Nickson has influenced policy and practice with regard to a range of employment relations issues in the voluntary sector. Sector-level lead bodies, such as the Coalition of Care and Support Providers Scotland (CCPS) and individual trade unions (e.g. Unison and UNITE) and union confederations such as the Scottish Trade Union Congress (STUC) have adopted the research results and recommendations to campaign and influence public policy. The research has enabled Unison to establish a separate 'service group' (a term used to describe the union's key industrial sector). Research work on re-tendering in the voluntary social care sector (VSSC) has also been a key influence for the Scottish Government according to the Director of the CCPS, resulting in the formulation of specific guidance on social care procurement. Some research findings are cited in an influential report that has resulted in the establishment of a Scottish Government National Steering Group on joint strategic commissioning. The research on the impact of recession on VSSC has also led to joint lobbying between the STUC and employer organisations to campaign on worker terms and conditions, and training.

Submitting Institution

University of Strathclyde

Unit of Assessment

Business and Management Studies

Summary Impact Type

Societal

Research Subject Area(s)

Commerce, Management, Tourism and Services: Business and Management
Studies In Human Society: Policy and Administration

Labour Economics and Legislative Reform in Portugal 2011-13

Summary of the impact

Professor Pedro Martins' research expertise is on labour economics, including dismissals, wages and social returns of education. From June 2011 until February 2013, he was seconded from Queen Mary to undertake the key role of Portuguese Secretary of State for Employment. Informed by his research, he initiated and implemented a programme of effective labour market legislative reforms over a relatively short period of time. A reformed labour code (four changes of law) and several ordnances, resolutions and other policy change were the outcome, affecting individual dismissals, working time, collective bargaining, training and active labour market policies. His aim was to reduce unemployment by partly deregulating the labour market, so reducing the disincentives for firms to employ people, and by promoting active labour market policies to raise skill levels within the economy. The reforms affected approximately five million people. Following the reforms, Portugal moved to eighth place (in 2009 it was first) out of 34 countries in terms of the strength of permanent employees' protection (OECD Employment Outlook 2012); and unemployment fell, from 17.7% to 15.6%, and GDP increased, by 1.3%, between the first and third quarters of 2013.

Submitting Institution

Queen Mary, University of London

Unit of Assessment

Business and Management Studies

Summary Impact Type

Societal

Research Subject Area(s)

Economics: Applied Economics
Commerce, Management, Tourism and Services: Business and Management

Improving employment outcomes for disadvantaged groups by informing policy

Summary of the impact

This case study describes the impact of research on improving employment outcomes for disadvantaged groups by influencing Government policy on employability. The case study focuses on the contribution to national employment policy from research conducted by the Employment Research Institute (ERI) at Edinburgh Napier University. Impacts outlined in this case study describe research that has been applied in the public policy field to address the issue of improving employment outcomes for those with complex barriers to employment.

Submitting Institution

Edinburgh Napier University

Unit of Assessment

Business and Management Studies

Summary Impact Type

Societal

Research Subject Area(s)

Studies In Human Society: Policy and Administration, Sociology

Lone-parent families: work, welfare and well-being

Summary of the impact

There are over two million lone-parent families in the UK, including one in three children. Since the late 1990s, the key policy targets have included raising employment rates and reducing in-work poverty. Researchers at the University of Bath have engaged in innovative and influential research on lone parenthood over many years. Our work has been instrumental in the development and evaluation of policies intended to help lone parents move into, and remain in, work. Specifically, our research has influenced the design and delivery of the New Deal for Lone Parents, Tax Credits, and policies to improve lone parent job retention. These policies have a direct and ongoing impact on the social and economic circumstances, and quality of life, of the families.

Submitting Institution

University of Bath

Unit of Assessment

Social Work and Social Policy

Summary Impact Type

Economic

Research Subject Area(s)

Studies In Human Society: Policy and Administration, Sociology

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