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The influence of ‘soft’ fair work regulation on union recovery: A case of re‐recognition in the Scottish voluntary social care sector

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  • Ian Cunningham
  • Philip James
  • Alina Baluch

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 regulations 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.

Suggested Citation

  • Ian Cunningham & Philip James & Alina Baluch, 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, Wiley Blackwell, vol. 53(3), pages 261-277, May.
    • Handle: RePEc:bla:indrel:v:53:y:2022:i:3:p:261-277
    DOI: 10.1111/irj.12362
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    References listed on IDEAS

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    1. Edmund Heery & Deborah Hann & David Nash, 2020. "Political devolution and employment relations in Great Britain: the case of the Living Wage," Industrial Relations Journal, Wiley Blackwell, vol. 51(5), pages 391-409, September.
    2. Sabel, Charles & O'Rourke, Dara & Fung, Archon, 2000. "Ratcheting labor standards : regulation for continuous improvement in the global workplace," Social Protection Discussion Papers and Notes 23071, The World Bank.
    3. Kimberly Ann Elliott & Richard B. Freeman, 2003. "Can Labor Standards Improve under Globalization?," Peterson Institute Press: All Books, Peterson Institute for International Economics, number 338, October.
    4. Paul Smith, 2015. "Labour under the law: a new law of combination, and master and servant, in 21st-century Britain?," Industrial Relations Journal, Wiley Blackwell, vol. 46(5-6), pages 345-364, November.
    5. Keith Sisson, 2019. "The Fair Work Wales report: a manifesto for all of us," Industrial Relations Journal, Wiley Blackwell, vol. 50(5-6), pages 564-579, November.
    6. Richard LOCKE & Thomas KOCHAN & Monica ROMIS & Fei QIN, 2007. "Beyond corporate codes of conduct: Work organization and labour standards at Nike's suppliers," International Labour Review, International Labour Organization, vol. 146(1-2), pages 21-40, March.
    7. Keith Sisson & Paul Marginson, 2001. "'Soft Regulation' - Travesty of the Real Thing or New Dimension?," One Europe or Several? Working Papers 32, One-Europe Programme.
    8. Paul Smith & Gary Morton, 2006. "Nine Years of New Labour: Neoliberalism and Workers’ Rights," British Journal of Industrial Relations, London School of Economics, vol. 44(3), pages 401-420, September.
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