UK precarious working practices Companies with resilient workforces are better placed to achieve long-term business success. A rise in the use of zero-hours contracts, modern slavery and debates around living wages are creating labour risks and challenges for UK companies. September 2015 What is changing in employment practices? Amanda Young Head of Responsible Investment The changing employment landscape is creating significant labour risks in the UK. Over the past decade, working conditions within company supply chains have received a lot of attention from governments, nongovernmental organisations, media, society and investors. Along supply chains, we have seen examples of child, forced and bonded labour. In addition, poor health and safety standards in some clothing suppliers have resulted in accidents and fatalities. Less scrutiny, however, has fallen on direct domestic employment standards and challenges. With our Focus on Change approach, we highlight a number of changing employment practices at a regional level and the implications these have for the UK-listed companies in which we invest. While the UK has stronger labour laws than many other countries around the world, a number of precarious working conditions, often associated with abuses and exploitation, have emerged that affect UK companies and their supply chains. These practices include the abuse of zero-hours contracts; challenges associated with wage levels, driven by the living wage campaign; and exposure to modern slavery. As far back as 2008, the Trade Union Congress estimated that there were around two million workers in the UK in vulnerable employmenti. This represented around 5% of the country’s working population. The number of temporary workers has also increased, and now accounts for 1.7 million workers. The rise and use of these precarious working practices have been associated with hidden costs, reputational damage and a risk of increased regulation and government scrutiny. At Standard Life Investments, we place a high regard on the employment and human capital management practices of the companies in which we invest. We engage regularly with businesses to ascertain how they treat and protect their employees. The ultimate goal is to discuss and encourage specific management practices that we believe companies should adopt in order to achieve long-term business success. In this report, we examine the use of zero-hours contracts, the focus on living wages and the rise in modern slavery. We look at how each of these labour risks affect certain sectors and discuss the potential problems companies face from these issues. “Human capital should not be thought of as an asset a company owns, rather it’s the people SSE ‘borrows’ from society which allows our business to operate and to grow. This report shows in black and white how both a company and society benefit from proper investment in its workforce through increased earnings for individuals and resulting increased tax payments.” John Stewart, SSE Director of Human Resource, on the publication of its human capital report, valuing its human capital at £3.4 billion (April 2015) 2 UK precarious working practices Zero-hours contracts There is no legal definition of a zero-hours contract under UK law. Providing both parties freely agree, it is a legitimate form of employment contract drawn up between the employer and its worker. This type of contract does not guarantee any work by the employer and only pays for the hours that are worked. At the same time, the worker is not obliged contractually to accept any offer of work. In many cases, the workers are not treated as employees and are not entitled to the same social benefits. Drivers behind the increased use The increased use of zero-hours contracts has been driven by the 2008 financial crisis, which resulted in company margins being squeezed and forced the implementation of cost cutting. Workforces were adversely affected, resulting in businesses considering more flexible employment arrangements and the rise of zerohours contracts. The number and use of these contracts has grown considerably. In April 2014, the ONS estimated that there were at least 1.4 million zero-hours contracts in use in the UK, representing around 4% of the workforceii. At the same time, 13% of all employers used ‘some’ zero-hour contract workers, a practice more common among larger employers. Zerohours contracts tend to be concentrated on lower paid workers and on those in the service industries, such as hospitality, retail, travel and wholesale sectors. This includes care and social workers, education professionals, administrative workers, call centre operators, retail assistants, cleaning staff and waiting staff. On average, those on zero-hours contracts work around 25 hours a week and are most likely to be women, in full-time education or working part-time, aged under 25 or over 65. Advantages of zero-hours contracts If enforced correctly, zero-hours contracts may benefit both employer and employee. Employers use these contracts to maximise the flexibility of workforces, particularly when businesses experience peaks and troughs in demand. Companies can achieve significant cost efficiencies through ensuring they have a workforce familiar with its business practices and who can be called at short notice. These contracts make it easier to hire staff and improve employment among young people. The flexibility may also help a business to expand and provide a path to full-time employment if this expansion is successful. Companies are able to retain business skills and experienced staff who might wish to partially retire, or who have retired. Employees too may benefit, with zero-hours contracts giving them the flexibility to manage their work-life circumstances, undertake further studies or ease towards retirement. Zero-hours contracts should also provide individuals with a greater say over when, where and how much they work. They offer work experience for younger individuals, allowing them to gain workplace skills and experience while they are studying at college or university. However, these contracts have been associated with numerous abuses, resulting in the exploitation of vulnerable workers. Abuses typically arise as zero-hours contracts tend to tip the balance of power within the employment relationship towards the company. Advantages associated with zero-hours contracts Manage fluctuations in demand Provide flexibility for the individual Cost-efficiency Uncertain business conditions It is part of a broader strategy to keep wage costs down To avoid agency fees To retain workers rather than make them redundant It is part of a broader strategy to keep non-wage costs down (eg. maternity/paternity pay etc) Avoid the costs associated with the Agency Workers Regulations Legacy within the organisation No particular reason Other 0 Source: CIPD Myth and Reality, November 2013 10 20 30 40 50 60 70 Base: All organisations that employ zero-hours workers (n=203) UK precarious working practices 3 Poor use of zero-hours contracts Exclusivity: One key area of abuse is exclusivity, where clauses in the contract prevent the worker from accepting other job contracts, despite not being guaranteed any work. The use and abuse of exclusivity clauses has been widely discussed by the UK government and we expect new regulatory requirements trying to limit such clauses in the near future. Even if there is no exclusivity clause, many employers expect zero-hours workers to remain available for work as and when required, even when no guarantee of work is forthcoming. This prevents workers from taking up additional work and results in a lack of work-life flexibility for the employee. This can put a financial strain on workers, as well as on families and their ability to arrange childcare or care of an elderly relative. While best practice would indicate that workers should not be contractually obliged to accept work, nearly a third of those using these contracts report that staff are contractually required to be available. This issue is also under regulatory scrutiny. Further, there is evidence that many companies do not provide any notice as to when work is available – thereby eliminating the flexible benefits of zero-hours contracts. Lack of clarity of terms and conditions: Another area open to abuse relates to the terms and conditions of employment. Evidence suggests there is confusion over the rights of the employees on zero-hours contracts. This has resulted in companies evading basic employment rights, laying-off workers at short notice without having to pay redundancy payments, using insecurity to bully workers into conditions not in their favour and preventing true flexibility to a worker’s employment needs. Abusive use of zero-hours contracts results in a two-class employment system. One example is where a company may only award cash or share bonuses to staff on full- or part-time contracts. Employees on zero-hours contracts are not eligible, which means bonus payments are only realistically reaching a small proportion of the workforce. Forward-thinking companies will ensure that zero-hours contract workers are also entitled to the same benefits given to full-time and part-time contract workers. Rights of full-time and part-time employees % of zero-hours employees receiving rights Entitled to pension auto-enrolment 38% Statutory maternity, paternity & adoption leave 41% No right to unfair dismissal claims (after two years) 55% Statutory sick pay 49% Occupational sick pay 17% Annual paid leave 59% Statutory redundancy pay (after two years service) 31% Source: CIPD, Zero-hours contracts, Myth & Reality, March 2013, Standard Life Investments 4 UK precarious working practices Risks for companies The use of zero-hours contracts can bring business benefits but there are risks that firms should recognise. Companies need to consider how the use of zero-hours contracts might affect their reputation and employee engagement. A workforce on insecure contracts without guaranteed hours and associated benefits may contribute to poor staff morale. This could result in high employee turnover rates, elevated recruitment and training costs, a loss of skills, and heightened health and safety risks. These are hidden costs that very few companies actually assess, but that may have significant operational and financial implications. Given the increased focus on zero-hours contracts, there is a possibility of greater regulation around their use. Regulation poses significant operational and cost risks for companies with large proportions of their workforce on zero-hours contracts. Zero-hours contracts by sector A significant proportion of zero-hours contracts are used to fill so-called low-skilled roles, meaning their use is concentrated in a handful of sectors. This, though, is not always the case: there has been a rise in the number of skilled airline pilots employed on zero-hours contracts through agencies. In 2013, a CIPD survey found that 27% of workers on zero-hours contracts were dissatisfied and that staff turnover was higher. Further, 25% of workers on such contracts have only been with their current employer for less than a year, compared with 13% of full-time and part-time employees. The hotel, catering, administration, retail and leisure sectors are the main users of these contracts among publicly listed entities. There are also a large proportion of workers in the care, social work and education sectors. It is estimated that a third of the total workforce in these sectors are on zero-hours contracts. A number of unions and politicians have called for action to curb the use of zero-hours contracts. This is a direct result of the evident abuse of these types of contracts, particularly where exclusivity clauses are in force, there is a lack of transparency around benefits and responsibilities, and staff are punished with offers of fewer hours if they do not agree to work precisely when required. There have been calls to allow staff the right to demand a fixed-hours contract when they have worked regular hours for more than six months with the same employer. Prominent UK companies known to make use of zero-hours contracts include: Sports Direct, Domino’s Pizza Group, Cineworld and JD Wetherspoon. Other businesses that may use zero-hours contracts include, but are not limited to: Compass, Enterprise Inns, Greene King, ICH Group, JD Sports Fashion, Millennium & Copthorne Hotels, TUI Group and Whitbread. Sector Percentage of workforcets Accommodation & food services 23% Wholesale and retail sectors 11% Transport, arts and other services 16% Production including agriculture 5% Source: TUC/Labour Force Survey Oct-Dec 2014 UK precarious working practices 5 Living wage The debate around paying living wages versus minimum wages has grown in recent years. The living wage is the minimum hourly rate that will meet basic needs, such as housing, food and other requirements for an individual and their family. For investors, discussions with companies have largely been focused on supply chains, including how businesses pay their suppliers and how they consider minimum and living wages. However, some countries have such a low minimum wage that employees do not earn enough to cover their basic needs. In many instances, this results in these workers being at the behest of the company to work extra hours or take on multiple jobs. In the UK, the Living Wage Foundation uses the living (as opposed to a minimum) wage to campaign for better pay for employees. The living wage is calculated for the Foundation by the Centre for Research in Social Policy at Loughborough University, which takes into account the real cost of essential goods and services. According to its figures, the living wage in London is £9.15, and £7.85 per hour for the rest of the UK. The current minimum wage in the UK is £6.50 per hour. Drivers of the living wage More recently, discussions around the living wage have become localised. In 2014, KPMG reported that an estimated 5.28 million people in the UK earned less than the living wage, making up around 22% of all employees.iii Numerous organisations have campaigned for companies to pay the living wage, including ShareAction (a not-for-profit promoting responsible investment) and its “JustPay!” initiative. Since 2011, ShareAction has raised the issue of the living wage with the UK’s largest corporations. FTSE 100 companies have been encouraged to adopt the living wage across their UK operations. There are now over 1,500 living wage employers in the UK. At the same time, there has been increased interest from civil society about how people are paid, both down the supply chains of companies and with their direct workforces. Campaigns and public opinion have highlighted 6 UK precarious working practices the tensions at the bottom of the wage pyramid, driving more companies to adopt living wage policies. Regulatory changes to create a living wage In July 2015, the UK government announced in its Budget that all companies would be expected to pay a ‘new living wage’ to all employees aged 25 or over. The government’s living wage is £7.20 per hour. While this is not as high as the Living Wage Foundation’s calculations, the government has pledged that this will increase to £9.00 per hour by 2020. For forward-thinking companies that are already addressing this within their business operations, the impact will be minimal. By contrast, businesses that have not considered wages as part of their wider responsible approach to human capital management will see increased costs and squeezed margins. Most exposed sectors The occupations with the highest proportion of workers earning less than a living wage include bar staff, restaurant employees and kitchen & catering assistants. For the retail sector, wages are the biggest operating expenditure, after the cost of goods sold. Typically, wages account for between 10% and 20% of sales. Morgan Stanley recently reported that a 10% increase in the wage bill would reduce EBIT by 1-2% of sales. However, the hit to retailers will vary significantly, depending on their operating margins and the number of people employed on the minimum wage. The impact on the wage structure of companies will be far reaching and likely to affect wage scales further up an organisation. The news surrounding the UK government’s plan to introduce a ‘new living wage’ suggests that companies have been benefiting from state subsidies. State welfare payments have been used to allow employers to pay their employees an artificially low wage. Many of these welfare payments are being reduced, with several commentators advocating the transfer of welfare costs from the government to individual companies. Wages typically equate to 10-20% of sales for a retailer ASOS Tesco Sainsbury Morrisons B&M Sports Direct Home Retail Dixons Carphone Marks & Spencer Kingfisher Dunelm Halfords Poundland Debenhams Pets at Home Next Card Factory 0% 5% 10% 15% 20% 25% FY14/15 Wages as a % of Group net sales Source: Company data, Morgan Stanley Research Some retailers are much more profit-exposed than others Next Dunelm Card Factory Pets at Home B&M Halfords Marks & Spencer Kingfisher Debenhams Sainsbury Dixons Carphone Poundland Tesco Home Retail Morrisons -30% -25% -20% -15% Impact on Pre Tax Profit of 5% increase in UK wage costs, ceterus paribus -10% -5% 0% Source: Company data, Morgan Stanley Research Benefits of paying a living wage There are benefits to both companies and workers in paying a living wage. For one thing, it affords people the opportunity to provide for themselves and their families. An independent studyiv examining the business benefits of implementing a living wage policy in London found that more than 80% of employers believe that the living wage had enhanced the quality of their staff’s work, while absenteeism had fallen by approximately 25%v. Two-thirds of employers reported a significant impact on recruitment and retention within their organisation. Meanwhile, 70% of employers felt that the living wage had increased consumer awareness of their organisation’s commitment to be an ethical employer. ShareAction also highlighted this studyvi. While there are clear benefits of paying a living wage, wages rises may also have unexpected negative consequences for some companies in relation to job losses, increased costs and the risk of other types of discrimination emerging. The way in which UK regulation is implemented will create challenges for some companies, and these challenges and risks will need to be explored through our engagement with our investee companies. UK precarious working practices 7 Modern slavery There is a widely held belief that slavery was abolished in the UK centuries ago. However, in reality, modern day slavery still exists and can affect UK-listed companies. The Home Office Chief Scientific Adviser estimated that in 2013, there were between 10,000 and 13,000 potential victims of modern slavery in the UK. Globally, the International Labour Organization estimates this figure to be over 20 million. According to the National Referral Mechanism, a national support system for victims of trafficking, the UK ranks in the top five source countries for victims of modern slavery, alongside Vietnam, Albania, Nigeria and Romaniavii. Companies exposed to modern-day slavery in their direct businesses, or through their suppliers, face significant reputational risks that could harm shareholder value. Association with slavery may result in reduced sales, affect a company’s license to operate, increase risk of fines and prosecution, and divert management efforts from adding value to the business. The core sectors exposed to this issue include electronic goods, construction, mining, hospitality, food retail, food producers and clothing retail. Modern slavery can occur at different stages of the supply chain, from production of raw materials to the manufacturing of goods. Drivers of modern slavery within business The risk of being involved in forced labour and modern slavery for companies has increased due to the extension and complexity of their supply chains, as well as the extensive use of vulnerable people such as migrant workers in certain geographies like Asia and the Middle East. Poverty and a desire for a better life are key drivers in the growth of the migrant populations. However, this also increases the vulnerability of migrants, which often results in them being subjected to modern slavery. Types of modern slavery Modern slavery includes forced labour, bonded labour, human trafficking and child slavery. Types of modern slavery 8 Forced labour All work or service that is not voluntarily offered, which is extracted from a person using violence, intimidation as well as subtler means, such as retention of papers, accumulation of debt and threat of deportation. Migrant workers are the most vulnerable to forced labour. Bonded labour Bonded labour is the most common method of enslaving people around the world. A person is demanded to work, with their labour being the means to repay some type of loan or commitment. The person is then trapped into working for little or no pay, without ever paying off the debts. The debts related to bonded labour are often linked to human trafficking. Human Trafficking Trafficking involves moving people away from the communities and countries in which they live, to work against their will elsewhere. This can be done through violence, deception or coercion. People may be trafficked within or across borders of countries. The International Labour Organisation estimates 2.5 million people are trafficked at any time. Child slavery This is work that deprives a child of their childhood, their potential and their dignity. It is work that is harmful to their physical and mental wellbeing, depriving children of an education. UK precarious working practices Prevalence of slavery around the world Victims of forced labour by region – International Labour Organisation 1,600,000 1,500,000 600,000 11,700,000 3,700,000 1,800,000 The Modern Slavery Act 2015 Many governments are looking to strengthen laws and regulations to combat modern slavery. These include the California Transparency in Supply Chain Act; United States Government Procurement rules; US Trafficking Victims Protection Act; Conflict Mineral Disclosure under Dodd-Frank Act; EU Directive on Disclosure of Non-Financial Information; and The Commonwealth Criminal Act Code 1995. In the UK, The Modern Slavery Act 2015 makes human trafficking, exploitation, slavery, servitude and forced or compulsory labour an offence under UK law. Those found guilty of an offence face a range of penalties, including fines and imprisonment (with a top sentence of life behind bars). The Act will require over 12,000 UK companies to report on the steps they are taking to eradicate slavery and human trafficking in their business and supply chains. The Modern Slavery Act 2015 is the first of its kind in Europe and one of the first in the world that specifically addresses slavery and trafficking in the 21st century. As such, in our view it has greater implications for UK companies. Given the increased legal scrutiny around modern slavery, corporations will need to be extremely diligent to ensure they are not exposed along their supply chains or through their contractors and partners. Case study: Morecambe Bay cockle picker disaster, 2004 Over a decade ago, 23 workers died when collecting cockles in Morecambe Bay in North West England. Cockles are best collected at low tide on the sand flats. These cockle pickers were caught out by tidal changes and were cut-off as the tide came into the bay around 9.30pm. Only one worker was rescued by emergency services. These deaths exposed unlawful bonded labour practices. A group of hired Chinese workers were being paid a below market rate to pick cockles. The pickers had been imported unlawfully via containers into Liverpool and were hired out through local criminal agents of international Chinese criminal organisations, or ‘Triads’. The cocklers lived in cramped conditions in houses shared with up to 30 others in Liverpool and Morecambe. The cocklers had paid thousands of pounds for their passage to the UK. These fees financially crippled the workers, who were then forced to work for those who arranged their illegal importation. Their passports had reportedly been destroyed and they were subjected to violence, threats and coercion, resulting in a life of bonded labour. Ten years on from this disaster, the UK is still witnessing the arrival of illegal migrants with no rights. Numerous accounts of abuse by gangmasters have been reported over the past decade, from within the hospitality industry, food processing and agriculture. This creates significant sourcing challenges for companies operating in these industries. UK precarious working practices 9 Investor engagement on employee practices At Standard Life Investments, we place a high regard on how companies manage their workforces. We have outlined how we address and approach labour issues in our Labour Relations White Paper www. standardlifeinvestments.com/RI_Labour_ Relations/getLatest.pdf. We believe investors should take the steps to ensure the money they manage on behalf of their clients is not exposed to significant human capital management risks and that the companies in which they invest treat their employees fairly, with dignity and respect. We engage with our investee companies regularly, identifying the key issues facing each business, to learn from them and encourage them to adopt best practice in their human capital management issues. We aim to understand how companies approach each of the three issues outlined in this report. Company disclosure around the management of wider human capital management is often poor. We have encouraged companies to report on key performance indicators relating to how they manage their workforces. As a minimum standard, we expect businesses to report on staff turnover rates, training costs and sickness and absenteeism figures. We also encourage greater disclosure on their approach to wages and employee benefits. This includes whether the business has considered paying a living wage to its employees globally and what kind of wage practices it encourages in its supply chain. With zero-hours contracts, companies’ disclosures on their use and implementation, as well as information regarding the inclusion of exclusivity clauses or any associated benefits for workers, is very limited. 10 UK precarious working practices We therefore encourage companies to improve transparency around the use of zero-hours contracts, including identified risks and hidden costs. A few of the questions we have asked are detailed below. ¬ Does your company use zero-hours contracts and, if so, for what purpose? ¬ Does the contract contain exclusivity clauses and, if so, for what purpose? ¬ What employment rights are employees entitled to when working on zero-hours contracts? ¬ Do you offer staff on zero-hours contracts training or opportunities to develop their skills? We also engage with companies to understand how well their supply chains are managed. Specifically, in relation to modern slavery, the types of standards expected of suppliers, the transparency around the supplier’s operations, auditing and independent verification of suppliers, and training and capacity building initiatives. This is increasingly relevant in light of heightened government focus on modern slavery and the introduction of strengthened laws to address the phenomenon. Companies will be expected to report on how they ensure bonded and slave labour is not being used in their businesses. We expect companies to have good policies and practices in place to ensure that they are not exposed to reputational issues associated with modern slavery in both domestic and overseas supply chains. In addition, we question companies on how auditing and monitoring practices are implemented, measured and reported. In summary Standard Life Investments supports a labour market that is flexible, effective and fair. We have recognised a number of changes in the UK labour market. These changes could result in additional costs for companies employing workers under precarious conditions. However, there are also opportunities for those advanced companies that understand that protecting their employees requires strategic thinking and investment. In this paper, we focused on domestic labour changes but we recognise that these labour changes are not exclusive to the UK. The rise in part-time and contract working is a growing phenomenon across the world. For instance, one in three US employees is now a freelance worker or independent contractorviii. This trend is reflected in labour markets everywhere. Investors are also witnessing increasing regulation and society trends around wages, particularly living wages, in other regions of the world. In addition, modern slavery is affecting many markets and industries. Policymakers in the US, for instance, are discussing the introduction of regulation, similar to the UK, to mandate companies to disclose any measures to prevent modern slavery as part of their annual reports. Investors need to understand the inherent risks associated with modern slavery. Companies operating or having supply chains in countries where the use of migrant workers is widespread are at particular risk. The businesses in which we invest need to have robust processes and mechanisms in place to ensure they are not exposed to this issue, both in the UK and across the world. Responsible investment team Amanda Young Alix Chosson Head of Responsible Responsible Investment Investment Analyst Rebecca Maclean Responsible Investment Analyst Andrew Mason Responsible Investment Analyst 2015 UK Leading Asset Management Firm for SRI/ESG TUC Commission on Vulnerable Employment (2008) Hidden Work, Hidden Lives: The Short Report of the Commission on Vulnerable Employment. www.vulnerableworkers.org.uk/files/CoVE_short_report.pdf ii ONS, Analysis of Employee Contracts that do not Guarantee a Minimum Number of Hours, 30 April 2014. www.ons.gov.uk/ons/dcp171776_361578.pdf iii KPMG Structural Analysis of Hourly Wages and Current Trends in Household Finances, 2014 iv GLA Economics survey of the Living Wage Employers v Queen Mary University of London, “The costs and benefits of the London Living Wage“, October 2012 vi ShareAction The Case for the Living Wage, Why a Living Wage Pays Dividends, November 2015 www.action.shareaction.org/page/investor%20 Briefings/TheCaseoftheLivingWage.pdf vii Modern Slavery Strategy, HM Government, November 2014 https://www.gov.uk/government/uploads/system/uploads/attachment_data/ file/383764/Modern_Slavery_Strategy_FINAL_DEC2015.pdf viii http://blog.hubstaff.com/freelancer-world-contract-work-becoming-new-norm/ i UK precarious working practices 11 Visit us online standardlifeinvestments.com Standard Life Investments Limited is registered in Scotland (SC123321) at 1 George Street, Edinburgh EH2 2LL. 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