The influence of 'soft' fair work regulation on union recovery: a case of re-recognition in the Scottish voluntary social care sector

Article


Cunningham, I., James, P. and Baluch, A. 2022. The influence of 'soft' fair work regulation on union recovery: a case of re-recognition in the Scottish voluntary social care sector. Industrial Relations Journal. 53 (3), pp. 261-277. https://doi.org/10.1111/irj.12362
TypeArticle
TitleThe influence of 'soft' fair work regulation on union recovery: a case of re-recognition in the Scottish voluntary social care sector
AuthorsCunningham, I., James, P. and Baluch, A.
Abstract

This longitudinal case study contributes to debates concerning how ‘soft’ and ‘hard’ forms of regulation can interact to contribute to the advancement of worker rights. More specifically, the article explores the contribution of Scotland’s ‘soft’ fair work (FW) programme and the UK’s ‘hard’ statutory recognition procedure to union re-recognition in a voluntary sector social care provider. In combination, ‘hard’ and ‘soft’ regulation are found to have added breadth to the pressures for re-recognition exerted by the union, bringing reputational and financial costs associated with derecognition to the employer. Concerns nevertheless arose regarding the depth of impact from this interaction due to union compromises on key issues in the final recognition agreement. Due to the specific public service context of the study, doubts are also expressed regarding the potential for unions in other hard to organise sectors to achieve similar outcomes.

PublisherWiley
JournalIndustrial Relations Journal
ISSN0019-8692
Electronic1468-2338
Publication dates
Online23 Apr 2022
Print13 May 2022
Publication process dates
Deposited25 Apr 2022
Accepted05 Apr 2022
Submitted05 Sep 2021
Output statusPublished
Publisher's version
License
File Access Level
Open
Accepted author manuscript
File Access Level
Restricted
Copyright Statement

© 2022 The Authors. Industrial Relations Journal published by Brian Towers (BRITOW) and John Wiley & Sons Ltd.
This is an open access article under the terms of the Creative Commons Attribution-NonCommercial-NoDerivs License, which permits use and distribution in any medium, provided the original work is properly cited, the use is non-commercial and no modifications or adaptations are made.

Digital Object Identifier (DOI)https://doi.org/10.1111/irj.12362
LanguageEnglish
Permalink -

https://repository.mdx.ac.uk/item/89w32

  • 59
    total views
  • 15
    total downloads
  • 0
    views this month
  • 0
    downloads this month

Export as

Related outputs

Introducing Fair Work through ‘soft’ regulation in outsourced public service networks: Explaining unintended outcomes in the implementation of the Scottish living wage policy
Cunningham, I., James, P., Baluch, A. and Cullen, A. 2022. Introducing Fair Work through ‘soft’ regulation in outsourced public service networks: Explaining unintended outcomes in the implementation of the Scottish living wage policy. Industrial Law Journal. https://doi.org/10.1093/indlaw/dwac023
Supply chain regulation in Scottish social care: Facilitators and barriers
James, P., Baluch, A., Cunningham, I. and Cullen, A. 2021. Supply chain regulation in Scottish social care: Facilitators and barriers. Economic and Industrial Democracy. 43 (3), pp. 1319-1339. https://doi.org/10.1177/0143831x21997564
Legal sanction, international organisations and the Bangladesh Accord
Croucher, R., Houssart, M., Miles, L. and James, P. 2019. Legal sanction, international organisations and the Bangladesh Accord. Industrial Law Journal. 48 (4), pp. 549-570. https://doi.org/10.1093/indlaw/dwz003
Micropolitical dynamics of interlingual translation processes in an MNC subsidiary
Ciuk, S., James, P. and Śliwa, M. 2019. Micropolitical dynamics of interlingual translation processes in an MNC subsidiary. British Journal of Management. 30 (4), pp. 926-942. https://doi.org/10.1111/1467-8551.12323
Examining public service motivation in the voluntary sector: implications for public management
Lapworth, L., James, P. and Wylie, N. 2018. Examining public service motivation in the voluntary sector: implications for public management. Public Management Review. 20 (11), pp. 1663-1682. https://doi.org/10.1080/14719037.2017.1417466
Regulating factory safety in the Bangladeshi garment industry
James, P., Miles, L., Croucher, R. and Houssart, M. 2019. Regulating factory safety in the Bangladeshi garment industry. Regulation & Governance. 13 (3), pp. 431-444. https://doi.org/10.1111/rego.12183
Outsourcing transitions and the employment relationship implications
Mitchell, I. and James, P. 2017. Outsourcing transitions and the employment relationship implications. Human Resource Management Journal. 27 (4), pp. 614-629. https://doi.org/10.1111/1748-8583.12146
Health & safety at work: time for change
James, P. and Walters, D. 2016. Health & safety at work: time for change. Liverpool Institute of Employment rights.
Analysing public service outsourcing: the value of a regulatory perspective
Cunningham, I. and James, P. 2017. Analysing public service outsourcing: the value of a regulatory perspective. Environment and Planning C: Politics and Space. 35 (6), pp. 958-974. https://doi.org/10.1177/0263774X16671138
Protecting life and death under the coalition
James, P. 2016. Protecting life and death under the coalition. in: Employment Relations under Coalition Government Abingdon Routledge.
A contingency analysis of precarious organizational temporariness
Karmowska, J., Child, J. and James, P. 2017. A contingency analysis of precarious organizational temporariness. British Journal of Management. 28 (2), pp. 213-230. https://doi.org/10.1111/1467-8551.12185
British union renewal: does salvation really lie beyond the workplace?
James, P. and Karmowska, J. 2016. British union renewal: does salvation really lie beyond the workplace? Industrial Relations Journal. 47 (2), pp. 102-116. https://doi.org/10.1111/irj.12128
Employment regulation and productivity: is there a case for deregulation?
Brookes, M., James, P. and Rizov, M. 2018. Employment regulation and productivity: is there a case for deregulation? Economic and Industrial Democracy. 39 (3), pp. 381-403. https://doi.org/10.1177/0143831X16631029
Supply chain leverage and regulating health and safety management in shipping
Walters, D., James, P., Sampson, H., Bhattacharya, S., Xue, C. and Wadsworth, E. 2016. Supply chain leverage and regulating health and safety management in shipping. Relations Industrielles / Industrial Relations. 71 (1), pp. 33-56. https://doi.org/10.7202/1035901ar
Interlingual translation and the transfer of value-infused practices: an in-depth qualitative exploration
Ciuk, S. and James, P. 2015. Interlingual translation and the transfer of value-infused practices: an in-depth qualitative exploration. Management Learning. 46 (5), pp. 565-581. https://doi.org/10.1177/1350507614560304
Making headway: regulatory compliance in the shipping industry
Sampson, H., Walters, D., James, P. and Wadsworth, E. 2014. Making headway: regulatory compliance in the shipping industry. Social and Legal Studies. 23 (3), pp. 383-402. https://doi.org/10.1177/0964663914529684
The shift in regulatory focus from employment to work relationships: critiquing reforms to Australian and UK occupational safety and health laws
Harpur, P. and James, P. 2014. The shift in regulatory focus from employment to work relationships: critiquing reforms to Australian and UK occupational safety and health laws. Comparative Labor Law and Policy Journal. 36 (1), pp. 111-130.
Regulating the employment dynamics of domestic supply chains
James, P., Walters, D., Sampson, H. and Wadsworth, E. 2015. Regulating the employment dynamics of domestic supply chains. Journal of Industrial Relations. 57 (4), pp. 526-543. https://doi.org/10.1177/0022185615582235
Protecting workers through supply chains: lessons from two construction case studies
James, P., Walters, D., Sampson, H. and Wadsworth, E. 2015. Protecting workers through supply chains: lessons from two construction case studies. Economic and Industrial Democracy. 36 (4), pp. 727-747. https://doi.org/10.1177/0143831X14532296
Public services outsourcing in an era of austerity: the case of British social care
Cunningham, I. and James, P. 2014. Public services outsourcing in an era of austerity: the case of British social care. Competition and Change. 18 (1), pp. 1-19. https://doi.org/10.1179/1024529413Z.00000000045
What motivates employers to establish preventive arrangements? An examination of the case of supply chains
Walters, D. and James, P. 2011. What motivates employers to establish preventive arrangements? An examination of the case of supply chains. Safety Science. 49 (7), pp. 988-994. https://doi.org/10.1016/j.ssci.2010.12.004
A comparative examination of the use of academic sabbaticals
Spencer, M., Clay, H., Hearne, G. and James, P. 2012. A comparative examination of the use of academic sabbaticals. International journal of management education. 10 (3), pp. 147-154. https://doi.org/10.1016/j.ijme.2012.06.003
Regulating supply chains to improve health and safety.
James, P., Johnstone, R., Quinlan, M. and Walters, D. 2007. Regulating supply chains to improve health and safety. Industrial Law Journal. 36 (2), pp. 163-187. https://doi.org/10.1093/indlaw/dwm002
Cultural influences on health and safety attitudes and behaviour in small firms.
Vickers, I., Owen, R., Smallbone, D., James, P., Ekanem, I., Bertotti, M. and CEEDR (Centre for Enterprise and Economic Development Research) 2003. Cultural influences on health and safety attitudes and behaviour in small firms. London Health & Safety Executive Research Report, HSE Books.
Regulating health and safety in small firms.
Smallbone, D., Vickers, I., James, P. and Owen, R. 2005. Regulating health and safety in small firms. in: Gray, C. and Bannock, G. (ed.) Government regulation and the small firm Milton Keynes, UK Open University Business School.
Transferring Western HRM practices to developing countries: the case of a privatised utility in Jordan
Baddar Al-Husan, F., Brennan, R. and James, P. 2009. Transferring Western HRM practices to developing countries: the case of a privatised utility in Jordan. Personnel Review. 38 (2), pp. 104-123. https://doi.org/10.1108/00483480910931299
Modernising work in public services: redefining roles and relationships in Britain's changing workplace
Dibben, P., Wood, G., Roper, I. and James, P. 2007. Modernising work in public services: redefining roles and relationships in Britain's changing workplace. Basingstoke Palgrave Macmillan.
Involving the socially excluded in transport decision making
Dibben, P., James, P. and Roper, I. 2004. Involving the socially excluded in transport decision making. Local governance. 30 (1), pp. 32-41.
Compulsory or not compulsory: the use of competition in British local government.
Higgins, P., James, P. and Roper, I. 2004. Compulsory or not compulsory: the use of competition in British local government. Asia pacific journal of public administration. 26 (2), pp. 95-114.
An investigation into the compatibility of consultation and performance comparison in the UK's policy of best value
Higgins, P., Roper, I. and James, P. 2005. An investigation into the compatibility of consultation and performance comparison in the UK's policy of best value. International Journal of Consumer Studies. 29 (2) (2), pp. 148-158. https://doi.org/10.1111/j.1470-6431.2004.00423.x
Best value: is it delivering?
Higgins, P., James, P. and Roper, I. 2004. Best value: is it delivering? Public Money & Management. 24 (4), pp. 251-258. https://doi.org/10.1111/j.1467-9302.2004.00427.x
Influences on small firm compliance-related behaviour: the case of workplace health and safety.
Owen, R., James, P., Smallbone, D. and Vickers, I. 2006. Influences on small firm compliance-related behaviour: the case of workplace health and safety. Environment and Planning C: Politics and Space. 24 (6), pp. 827-846. https://doi.org/10.1068/c0564
Understanding small firm responses to regulation: the case of workplace health and safety
Vickers, I., Smallbone, D., James, P. and Owen, R. 2005. Understanding small firm responses to regulation: the case of workplace health and safety. Policy Studies. 26 (2), pp. 149-169. https://doi.org/10.1080/01442870500127626
Workplace partnership and public service provision: the case of the 'Best Value' performance regime in British local government
Roper, I., Higgins, P. and James, P. 2005. Workplace partnership and public service provision: the case of the 'Best Value' performance regime in British local government. Work, Employment and Society. 19 (3), pp. 639-649. https://doi.org/10.1177/0950017005055677
Promoting family friendly policies: is the basis of the Government's ethical standpoint viable?
Roper, I., Cunningham, I. and James, P. 2003. Promoting family friendly policies: is the basis of the Government's ethical standpoint viable? Personnel Review. 32 (2), pp. 211-230. https://doi.org/10.1108/00483480310460225
Shaping the bargaining agenda. The Audit Commission and public service reform in British local government
Roper, I., Higgins, P. and James, P. 2007. Shaping the bargaining agenda. The Audit Commission and public service reform in British local government. The International Journal of Human Resource Management. 18 (9), pp. 1589-1607. https://doi.org/10.1080/09585190701570650
The role of competition in best value: how far does it differ to CCT?
Higgins, P., Roper, I. and James, P. 2005. The role of competition in best value: how far does it differ to CCT? Local Government Studies. 31 (2), pp. 219-235. https://doi.org/10.1080/03003930500032148