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Working to Rule: The Damaging Economics of UK Employment Regulation

Working to Rule: The Damaging Economics of UK Employment Regulation

J. R. Shackleton | Philip Booth

(2017)

Abstract

Employment regulation has been growing rapidly. This has not exclusively, or even mainly, come from the European Union. Recent UK governments have added such significant new measures as the National Living Wage, workplace pensions and the Apprenticeship Levy. The costs of such regulation are frequently assumed – by both advocates and opponents – to fall on business profits. This isn’t so, except in the very short run. They are instead transferred in part to consumers, but mainly to employees themselves. Mandated benefits – longer holidays or extended maternity leave – mean reduced pay growth and fewer job opportunities. Anti-discrimination laws lead to fewer openings for disadvantaged groups, while employment protection legislation worsens job prospects for the young. Excessive regulation acts as a barrier to entry, shielding incumbents and deterring the foundation of new enterprises. Attempts to restrict new types of employment in the ‘gig’ economy are counterproductive, serving ‘insiders’ at the expense of ‘outsiders’. This book combines a history of employment laws with detailed analysis of the troublesome effects of various interventions. The author argues for a fundamental rethink. Some basic labour market regulation may still be necessary, but far less than we currently have.

Table of Contents

Section Title Page Action Price
Table 1\tMain areas of current UK labour market regulation 50
Table 2\tKey EU employment directives 72
Table 3\tHours worked, selected countries 2014 90
Table 4\tFull-time employees usually working more than 48 hours a week by occupation, Q4 2013 91
Table 5\tRegulated occupations in the EU27* 107
Table 6\tOECD Employment Protection Indicators, selected countries 2013 205
Table 7\tLevel and rate of people on zero-hours contracts, by industry October to December 2015 213
Table 8\tIncreased employment regulation since 2010 232
Figure 1\tDemand, supply and ‘equilibrium’ in the labour market 13
Figure 2\tClaims accepted by Employment Tribunals 55
Figure 3\tThe impact of a mandated benefit 63
Figure 4\tThe National Minimum Wage (£ per hour) over time 115
Figure 5\tAdult National Minimum Wage Rate as percentage of median hourly earnings* 116
Figure 6\tAdult minimum wage as % of median hourly earnings by region/nation (April 2015) 123
Figure 7\tUK gender pay gap for median gross hourly earnings (excluding overtime) April 1997 to 2016 146
Figure 8\tPercentage of graduate programme recruits who are women, 2015 147
Figure 9\tLong-term international migration, UK, 1970 to 2014 183
Figure 10\tShare of self-employed workers in total employment and self-employed hours in total hours 217
Figure 11\tNumber of firms by employment size in France 235
Box 1\tThe Living Wage Foundation 118
Box 2\tIncome and wealth inequality 132
Box 3\tTradable quotas 171
The author ix
Foreword x
Summary xiii
Tables, figures and boxes xvii
PART 1 1
Ideas 1
1\tIntroduction 3
The problem 5
Outline of this book 8
2\tHow labour markets work, and why people want to regulate them 10
Demand, supply and labour market equilibrium 10
Contracts 15
‘Market failure’ 19
‘Government failure’ 25
Conclusion 27
PART 2 29
Employment Regulation:\nThe Big Picture 29
3\tA historical perspective on UK labour market regulation 31
The Early Modern period 32
The nineteenth century 33
The early twentieth century 37
World War II and its aftermath 40
Newer forms of regulation 44
Conclusion 47
4\tEmployment regulation in the UK today: extensive and costly 48
Tribunals 49
Costs of regulatory compliance 57
But who really bears the cost? 61
Conclusion 65
5\tThe European Union dimension 66
The EU’s reach 66
European law and the labour market 69
European political economy 73
But will repatriation of powers over the labour market make very much difference? 76
Conclusion 79
PART 3 81
Employment Regulation in Detail 81
6\tProtecting workers, families and consumers? 83
Health and safety at work 83
Working time regulations 89
‘Family-friendly’ policies 94
Employment of children 101
Occupational regulation 106
Conclusion 111
7\tOther people’s pay (1) 112
The National Minimum Wage and the National Living Wage 114
Pensions auto-enrolment 126
Conclusions 129
8\tOther people’s pay (2) 130
High pay 131
The gender pay gap 143
Conclusions 150
9\tDiscrimination in employment 152
Evidence of discrimination today 152
Economic analysis of discrimination 154
Policy principles 160
Policy in practice 164
The expanding category of discrimination 172
Conclusion 174
10\tRegulating labour supply: unions, migration and apprenticeships 175
Trade unions and the economy 175
Immigration controls 181
The Apprenticeship Levy 189
Conclusions 196
11\tProtecting jobs? 198
Economic rationale 198
Employment protection in the UK and elsewhere 201
Some possible effects of EPL 204
Evidence 207
Alternatives to standard employment 209
Conclusions 221
PART 4 223
Conclusions 223
12\tWhat now? 225
Barriers to deregulation 228
Modest measures of deregulation 230
A more radical approach 237
References 241
About the IEA 262