FactCheck: Is regulation to blame for unemployment?
“Many regulations, conceived in an era of full employment, are designed to make employment more attractive to potential employees…in today’s era of a lack of jobs those regulations simply exacerbate the national problem of high unemployment.”
- Adrian Beecroft, Report on Employment Law, October 2011
The background:
Venture capitalist Adrian Beecroft is proposing that employment regulations are blocking Britain’s economic growth, which, with times as tough as they are, can only be a bad thing.
Since the report was leaked by the Daily Telegraph this morning, hackles have been rising.
First Business Secretary Vince Cable wrote a piece in the Sun describing as “complete nonsense” the idea that “if labour rights were stripped down to the most basic minimum, employers would start hiring and the economy would soar again”.
Hours later, Business Minister Mark Prisk was forced to answer an urgent question in the House of Commons, where Number 10 was asked whether it knew Mr Beecroft, chair of Dawn Capital which includes Wonga in its portfolio, was “making wonga out of Wonga”.
By the end of the day, the Department for Business, Innovation and Skills, said they would officially release a report which hadn’t initially been intended for publication.
The analysis:
The proposal attracting the greatest controversy relates to plans to “remove the concept of unfair dismissal” from the statute books – it was put into the Industrial Relations Act of 1971 – and replace it with Compensated No Fault Dismissal.
This would “allow an employer to dismiss anyone without giving a reason provided they make an enhanced leaving payment”, on a level of redundancy payments.
The Confederation of British Industry said that “employment regulation is a significant burden on most employers. Alleviating that burden will help generate jobs”. The British Chambers of Commerce said “the fear of not being able to dismiss a troublesome employee prevents many businesses from recruiting”, but neither knew how that affected employment overall.
The Trades Union Congress has carried out significant volumes of work looking at employment protection, based on OECD figures for a selection of countries.
By 2008, workers in the UK were third least protected, with Canada coming second and the US top.
In the US, unemployment in December 2011 was at 8.5 per cent; in Canada, 7.5 per cent, and in the UK, 8.3 per cent.
Germany, meanwhile, which has above average levels of worker protection, had unemployment rates of 5.6 per cent in December 2011.
Yet in Spain, where workers were fourth most protected, according to the figures, unemployment was at 23.2, suggesting that perhaps there isn’t much correlation at all.
As Jonathan Portes, director of the National Institute of Economic and Social Research, said: “It’s common sense. Have we had big changes in regulation compared to five years ago? No, but unemployment is far higher. Labour market regulation has not changed much at all.”
The verdict:
Mr Beecroft’s claim that “those regulations simply exacerbate the national problem of high unemployment” just doesn’t stack up, according to those who have researched the matter.
Even the OECD says: “There appears to be little or no association between employment protection legislation strictness and overall unemployment”.
Labour market analysts say that macroeconomic policies, such as planning, or education, are far more important to growth.
Of his “no fault dismissal” plan, Mr Beecroft writes: “The downside of the proposal is that some people would be dismissed simply because their employer did not like them. While this is sad I believe it is a price worth paying for all the benefits that would result from the change.”
It certainly would be sad, especially if “all the benefits” failed to materialise.
by Fariha Karim



There are 27 comments on this post
Cathy and Fariha,
Answer to your question is, of course, no.
Anybody who proposes the absurd “regulation argument” has to explain why unemployment caused so much misery in the unregulated nineteenth century and between the two world wars.
Beecroft is of course nothing more than a tenth rate barrow boy, asset-stripping ultra right propagandist. Believe him and his nonsense and you’ll believe anything.
Which is why it was a sheer delight watching him being dismantled even by Ashcroft.
Barrow boys are always unpleasant characters.
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It is a creative thought, that is not entirely without merit. The reasoning that a company may not be able to fire an employee based on ill productivity, and not by meeting politically correct “standards”, is indeed a valid argument. Those instances should be determined on a case by case basis, and the assumption of profitability compared to cost. It is a common business model to justify expenses, and the persons that directly influence those profits. There are many people who are more qualified for certain jobs, yet can’t attain them because a company is forced to keep someone on their payroll who doesn’t necessarily meet the standards agreed upon by accepting the employment. It is my contention that it is the responsibility of the employee to remain competent and proficient, and not the company give up its right to a non-complacent workforce. This is why, here in America, there are terms in the political offices held, so that the representatives do not become complacent, and the same standard should be held for the people. I believe the same is true of all countries in this respect, though, not all allow for it
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This report shows that to exclude the TUC or a Trade Union representative from a debate on workers rights is both appalling and dismissive and plays to the Government’s line.
I am disgusted with Channel 4 news in their behaving like the rest of the TV news media by their arrogance in and bias on the issue of workers rights.
Why I was so shocked is a mistery to me, given that this is the usual level of UK journalism to be expected. Perhaps I stupidly thought Channel 4 news was different!
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We have the same issues with media here in the States, and the main reason I rely on publicly-funded television for fair and accurate reporting, and, of course, verifying those things presented as facts when doubt calls for it
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Major study, came out this March by the IMF, found that more flexible labour markets reduced unemployment. Surely, if you had read this, you would conclude that the argument is at least balanced? Now I’ve brought it to your attention, do you think you should rethink this post to avoid misleading people?
http://www.imf.org/external/pubs/ft/wp/2012/wp1264.pdf
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If you are arguing against misleading claims will you be removing your claim to be non-partisan from all your publications?
Could you also provide a list of those who funded the ‘research’?
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‘This Working Paper should not be reported as representing the views of the IMF.
The views expressed in this Working Paper are those of the author(s) and do not necessarily
represent those of the IMF or IMF policy. Working Papers describe research in progress by
the author(s) and are published to elicit comments and to further debate.’
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Anyone who’s worked in the private sector will have met people who are incompetent along their way but about whom the management can know but are powerless.
Yes, you can collect evidence to get them fired but in small companies (less than 25 employees) which are run primarily on trust this is an awkward, expensive and illiberal task.
I don’t think worker’s rights should be destroyed but I don’t see why we couldn’t have a no-fault dismissal along the lines of redundancy to allow companies to part with employees that they don’t want.
The idea that a company should HAVE to keep someone who they don’t want is quite frankly ridiculous… they should be able to get rid of them as long as they pay them off.
The reality is that most companies offer incompetent employees the opportunity to leave with a pay-off and a reference as it is but giving references to get rid of incompetent employees is highly damaging for the UK economy.
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I like the idea of pay-offs in the sense that it does not leave even the less-than-productive worker an opportunity to be able to pay their bills and such while seeking new employment, and I would further that by adding an ability to relay that information to new employers in an effort to keep each individual honest, and hard-working, at least in the next juncture of employment. It is preventive (in treating health issues also) means that are the most effective and cost-efficient, and as such, should be the ones that are pursued in a general manner, without disregarding others for lack of those conditions. Getting active and productive employees, however, would be better for the economy in a long-standing effort, rather than forcing companies to be pulled down, in the short-term anyways, by those who are not dedicated to showing self-respect through means a hardened work ethic. The standards should be strict, but not unreasonable. Remember, the cause for hiring employees in the first place is increased overall productivity in self-interest, and not just by providing a job to someone who doesn’t necessarily deserve it. Just my opinion, and I am open receive counter-points
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Despite the above, worker protection could still be contributing to unemployment. It could be one of many contributing factors. All you have done is to show that it is not the only one.
Starting in 2003 Germany reduced worker protection in order to create jobs. It appeared to work for them but would have to be repeated in other places to prove it is not coincidence.
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You quote from Germany very selectively. Seen globally, the German economy remains highly regulated. Can you explain, then, why it’s so competitive? No, I didn’t think so …
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Easy for Beecroft to say some people’s unfair dismissal is a price worth paying when he would be the one doing the dismissing not the one losing his income.
What a hideous man he must be – remind me what other businesses are in his portfolio. So I can avoid them.
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As a manager for 25 years, I can say that the problem about tackling unsatisfactory performance isn’t generally employment legislation but weak & lazy managers. This proposal would be an excuse for them to continue to fail to do the basic management tasks of supervision, counselling, training, setting performance standards & ensuring that they are monitored and under-performance tackled face to face. They pay themselves whacking bonuses yet don’t do the basics of their jobs properly.
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Couldn’t agree more – it is the incompetent management layers who just want an excuse to fire people to cover their own backs and bonuses. I work in an SME where one guy came close to being fired (had had verbal and written warnings) but was then transferred to a different dept and was a changed man overnight. All he needed was a competent manager to give him structure and boundaries and to motivate him. He is now considered one of the more vital employees in terms of experience and skill level. That could have been thrown away because of one poor manager who didn’t like the guy.
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Of course, no mention for the millions of self-employed who receive little if no protection. Micro businesses are the majority, and the most at risk.
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Good work dispelling these false myths
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Clearly the so-called academics who have been “researching” this, have never ever ran a business and employed employees who have turned out to become feckless or dishonest. When thousands of employers have answered surveys stating explicitly that they could and would take on more employees, but dare not because it is now far too great a financial risk, then it is as clear as crystal that the current insane levels of employee protection are preventing growth. When you can be taken for tens of thousands of pounds at tribunal for sacking someone who has stolen from the company, or someone who claims that some freakish spiritual belief actually prevents them from doing their job? Employee protection has gone way too far the wrong way.
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I hope all your ‘research’ is direct from the Daily Mail not personal experience Geyza. Because if you dare not take on (presumably needed) employees because you think they will turn out feckless or dishonest you either have a very poor recruitment and vetting policy and/or only want to pay peanuts and therefore get monkeys. Or maybe you are naturally paranoid and distrusting of all folk.
As for someone who has stolen from the co getting thousands from a tribunal – is that personal experience? Was correct procedure for dismissal not followed and why not prosecute for the theft?
For every occasion when employment law over-protects employees (whether for freakish spiritual beliefs or other reason!) there are hundreds of times when employees are sacked or made to feel so uncomfortable they leave even though they have done nothing worse than get on the wrong side of their manager.
Havent this govt just extended the time before redundancy has to be paid? If you cannot make a judgement on someone’s competency within 2 years whilst you only have to give a months notice then that says more about the employer’s ability than the employees.
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Do not insult me with your cheap Daily Mail assumptions! I am writing from painful personal experience. We employed a woman who passed a very strict vetting procedure, including MOD security clearences and multiple reference checks and found after a few months of her diligent good work, her personality slowly changed. She became utterly poisonous, manipulative, dishonest and obstructive. She caused tens of thousands of pounds worth of problems all over the place and caused two excellent members of staff to find alternative employment out of sheer frustration. We later discovered that previous employers of hers lied on the references to get eid of her. After taking legal advice we discovered that we could not sack her. The entire company wanted her sacked. When she eventually left of her own accord, everything improved. It is utterly insane that one cannot fire an employee after stealing from the company, or if they point blank refuse to do the job that they are paid to do.
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I’ve yet to discover these ‘rights’ that allow an employee to steal from a company or to merrily come to work and refuse to do their job.
Perhaps management at your co should have got to grips with the situation you describe before it got so bad that others left. Maybe found out why the employees attitude changed (and be able to take any constructive criticism of the co on the chin), given her some support in her role/moved her to a more suitable role or if all else fails start a proper disciplinary process.
Normally workers have almost no rights for the first year of employment and very few until 2 years are completed.
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Less employment rights only exacerbates the gulf between rich & poor leading to the kind of civic breakdown witnessed during the riots last year. I’m a Brit living in the US where there are few employment rights. My wife is a post graduate working in a restaurant. She doesn’t even get a minimum wage just tips. some days she only makes $30 for 12hrs of work. If she complains she is fired. We are lucky because her parents help us with bills but there are some really desperate families here that dont know if they will eat from one day to the next. The food bank is one of the only resources here for poor people. Neoliberalism has Failed! People deserve to be rewarded for their hard work and live with dignity and job security. We really do not want to emulate the American economic model because it will just mean misery for the poorest who have already lived with generations of exploitation by business and the guilded classes. We have a distinctly British identity that is expressed by post war egalitarianism and social democracy and i see it being eroded every day by our current coalition. It would be the saddest scenario I could think of if that stopped being central to our identity.
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Employment and growth will never come from a government that’s out of touch.
From every dark corner throughout our lives, corruption, manipulation and the deficit of size,
is loosing its way that’s shouting very loud and clear, to dissolve a government who CAUSE distrust, doubt and fear.
With increasing energy bills forcast for every householder to the tune of 71 billion, why do we keep listening to leaders who are very short of creative ideas that could save us billions, at the same time thousands of jobs and a superior service to benefit all householders.
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A friend of mine has just signed onto an recruitment agency as a temp. This company has outsourced its payroll functions to another company. My friend has to pay a charge to this other company of up to £30/week just to get his pay – the world is going mad.
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This middle-aged life-long scrounger be all too happy to blame regulation for our life-style choice !
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Surely, if the UK wants to improve its competitiveness, it should follow the German model? High regulatory barriers alongside a high level of cooperation between the major economic partners in the interest of national competitive advantage. What Britain seems to be moving towards is the very opposite, a traditional model which hasn’t served us well in the past, and there’s no reason to think will do the trick in the future. A lot more thinking outside the box is urgently required.
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…but no one in current government bright enough to think outside the box.
Easier to pass ever more draconian laws to keep the masses in their place.
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