Toolkits

The Good Work Charter Toolkit

Supporting regulations, codes and guidance

1. Introduction

About this resource

The ten principles of our Good Work Charter incorporate rights, freedoms and obligations relevant to work and the key institutions, ideas and conditions that shape work and people’s experience of it.

This toolkit provides the regulatory underpinning for that publication. Against each Charter principle we have mapped the following:

1. the international and national regulations that are synthesised by each of the Charter principles

2. ‘soft’ law, codes and guidance available to help promote each of the Charter principles

3. technology-specific guidance adopting each of the Charter principles for ready application in a workplace context

About the Good Work Charter

The Institute for the Future of Work's Good Work Charter provides an organising framework for aspiration, alignment and action to shape a fairer future of better work. It sets out ten fundamental principles of ‘good work’ – work that promotes dignity, autonomy and equality; work that has fair pay and conditions; work where people are properly supported to develop their talents and have a sense of community.

The principles may be applied by different actors – government, industry, academia and civil society – at different levels. The principles are interdependent and interrelated – seeking improvement in one area (e.g. conditions) is likely to support improvement in others (e.g. wellbeing). The Charter is intended to support systematic review and development over time in each principle area.

Orientation towards building ‘good work’ across the dimensions of the Charter will support individual and collective flourishing as the world of work transforms.

Supporting files

1. Access

Everyone should have access to 'good work'

This is the right to work; and right of access to decent work, freely chosen.

Access to ‘good work’ is a precondition for, and safeguards, many other fundamental rights and a life with dignity.

Regulation

Key legal rights, duties (international, European and national) synthesised by the principle of access

International legal instruments include

International Covenant on Economic Social and Cultural Rights (Arts 6, 7, 8, 18)

International Covenant on Civil and Political Rights (Art 7(a))

Convention on the Rights of the Child (Art 32)

Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) (Art 11)

International Convention on the Elimination of All Forms of Racial Discrimination (CERD) (Art 5(e)(i))

International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (the ‘Migrant Workers Convention’) (Arts 11, 25, 26, 40, 52, 54)

International Convention on the Rights of Persons with Disabilities (CRPD) (Art 27)

ILO Employment Policy Convention (1964)

ILO Discrimination (Employment and Occupation) Convention, 1958 (Arts 1, 2)

European-level legal instruments include

European Convention on Human Rights (Arts 6, 8, 11)

European Social Charter (Art 1)

Council of Europe, Convention 108

National laws include

Equality Act 2010 (Part 5)

Human Rights Act 1998 (under review)

Transfer of Undertaking (Protection of Employment Regulations) 2006 (SI 2006/246)

Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA) (sections 137-143)

The UK GDPR (Regulation (EU) 2016/679 as amended by SI 2019/419) (Art 10); Data Protection Act 2018 (s 10 and sch 1 para 1 on processing of data relating to criminal convictions and offences by employers; s 10; sch 1, paras 8 and 9, permitting processing of certain special category data to ensure equality in employment access; Art 5(1)(a) and recitals 39 and 45 on fairness of processing).

Soft laws

‘Soft laws’ and guidance to help promote access in practice

International guidance and ‘soft-law’ instruments include

Sustainable Development Goal 8 (Promote sustained, inclusive and sustainable economic growth, full and productive employment and decent work for all). Supported by goals 1, 3, 5, 9, 10, 17.

WEF Good Work Framework

Declaration on Social Progress and Development, GA Resolution 2542 (XXIV) of 11 December 1969, UN Doc A/7630 (1969) (Art 6)

UN Committee on Economic, Social and Cultural Rights (CESCR), General Comment No 18: The Right to Work, Article 6 of the International Covenant on Economic, Social and Cultural Rights, UN Doc E/C.12/GC/18 (2005)

National instruments with indirect legal significance include

EHRC Employment, Statutory Code of Practice (Chapter 16)

Other national guidance documents include

ICO Employment Practices Code (under review) (part 1)

ACAS guidance: Recruitment and job applications

CIPD recruitment and selection guidance

EHRC guidance, including on recruitment and positive action

REC guidance on data-driven tools in recruitment‍

AI/technology guidance

The AI/technology guidance adopting/applying the principle of access

This principle has been adopted and applied in the following

We note the cultural right (Art 5, ICESCR) to benefit from scientific progress and its applications

OECD Framework for classifying AI Systems and AI Principles (1.1 on Inclusive Growth, Sustainable Development and Wellbeing; 2.4 Building Human Capacity and Preparing for Labour Market Transformation)

GPAI Fair Work for AI 2022 (pending)

GPAI Data Governance Working Group, Data Justice Pillars (Access)

GPAI Data Governance Working Group, 12 Principles and Priorities of Responsible Data Innovation (Economic and social rights)

UNESCO recommendation on Ethical AI Regulation (III.2 Principles, Fairness and Non-Discrimination; Policy Area 10, Economy and Labour)

Ad Hoc Committee on AI Assurance (CAHAI) proposed Legal Frameworks based on Council of Europe’s standards on Human Rights, Democracy and the Rule of Law (2022): AI systems to be designed, developed and deployed in line with social and political rights and to promote socially beneficial applications

Human Rights, democracy and the rule of law assurance framework for AI systems (HUDERAF): Turing Institute Primer for Council of Europe (human dignity and freedom)

CDEI and Recruitment & Employment Confederation (REC) guidance on data-driven tools in recruitment

CDEI guidance on data processing

CDEI AI Barometer Part 3 - Recruitment and workforce management

2. Fair pay

Everyone should be paid fairly

This is the right to be paid for work done, at a fair rate.

Regulation

Key legal rights, duties (international, European and national) synthesised by the principle of fair pay

The UK GDPR (Regulation (EU) 2016/679 as amended by SI 2019/419) (Arts 5(1)(a), 6, 22, 35; recitals 39, 45, 58, 60, 71)

Soft laws

‘Soft laws’ and guidance to help promote fair pay in practice

International guidance and ‘soft-law’ instruments include

WEF Good Work Framework

ILO Global Wage Report 2020-21

International Labour Organization (ILO) Constitution

Sustainable Development Goals 8 & 10

Fairwork Principles

National instruments with indirect legal significance include

EHRC Employment, Statutory Code of Practice 2011 (Chapter 14)

EHRC Equal Pay Statutory Code of Practice 2011

ACAS Code of Practice on disclosure of information to trade unions for collective bargaining purposes (para 11(i))

Other national guidance and reports include

EHRC guidance on pay and benefits

EHRC guidance on gender pay gap reporting

EHRC advice and guidance on equal pay

ACAS guidance on pay and wages

ACAS guidance on maternity, paternity and adoption leave and pay

Resources provided by the Living Wage Foundation

APPG on the Future of Work/Institute for the Future of Work ‘good work’ tool

Good work: The Taylor Review of Modern Working Practices (Chapter 3)

TUC guide to pay, holiday and working hours

TUC pay in working class jobs

Low Pay Commission: National Minimum Wage and National Living Wage Rates

Fair Work Commission, Fair Work Wales (2019)

AI/technology guidance

The AI/technology guidance adopting/applying the principle of fair pay

The principle of fair pay has been adopted and applied in the following

Council of Europe Ad hoc Committee on Artificial Intelligence (CAHAI) highlights new risks to fairness and transparency when pay is determined algorithmically

UNESCO recommendation on Ethical AI Regulation (Policy area 10: Economy and Labour)

Council of Europe, Commissioner for Human Rights, Unboxing artificial intelligence: 10 steps to protect human rights

GPAI Data Governance Working Group, Data Justice Pillars (Equity and Access)

GPAI Data Governance Working Group, 12 Principles and Priorities of Responsible Data Innovation (Economic and social rights)

Fairwork UK Ratings 2021: Labour Standards in the Gig Economy (Principle 1, Fair Pay)

HUDERAF highlights AI actor responsibility to share the benefits of AI technologies at local, national and international levels; and transparency and explainability to those affected

3. Fair conditions

Everyone should work on fair conditions set out on fair terms

This is the right to humane, just and favourable conditions of work.

Regulation

Key legal rights, duties (international, European and national) synthesised by the principle of fair conditions

International legal instruments include

International Covenant on Economic Social and Cultural Rights (Arts 6, 7, 8, 18)

‍International Covenant on Civil and Political Rights (Arts 8, 22)

‍ILO Promotional Framework for Occupational Safety and Health Convention 2006

‍Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) (Art 11, particularly 11(1)(f) and 11(2)(d))

‍ILO Discrimination (Employment and Occupation) Convention 1958 (Arts 1, 2)

European-level legal instruments include

European Convention on Human Rights (Arts 4, 8)

‍European Social Charter (Arts 2, 3)

‍Convention for the Protection of Individuals with regard to Automatic Process of Personal Data (Convention 108) (Art 5(a))

National laws include

Employment Rights Act 1996 (various protections, including right to statement of particulars (s 1))

‍Employment Act 2002

‍Working Time Regulations 1998 (hours of work, rest time, work schedules, holiday)

‍Flexible Working Regulations

‍Health and Safety at Work Act 1974

‍Trade Union and Labour Relations (Consolidation) Act (s181 providing unions with the information necessary to negotiate employment conditions, s 178(1))

‍Maternity and Parental Leave etc. Regulations 1999 (SI 1999/3312)

Soft laws

‘Soft laws’ and guidance to help promote fair conditions in practice

International guidance and ‘soft-law’ instruments include

ILO Constitution and ILO framework on decent work

‍Sustainable Development Goals 5.4, 8.8, 10.4, 16.6

‍ILO Employment Protection Rights Dialogue (Relevant policy outcomes related to working conditions: 2, 4, 6, 7, 10)

‍Fairwork Principles

‍WEF Good Work Framework (choice; portability)

‍Sustainable Development Goal 8

‍Proposed EU Directive on improving working conditions in platform work

National instruments with indirect legal significance include

ACAS Code of Practice on handling in a reasonable manner requests to work flexibly

‍ACAS Code of Practice on disciplinary and grievance procedures

‍ACAS Code of Practice on disclosure of information to trade unions for collective bargaining purposes

ACAS Code of Practice on time off for trade union duties and activities

‍EHRC Employment, Statutory Code of Practice 2011

‍HSE Approved Codes of Practice

Other national guidance and reports include

HSE guidance‍

EHRC guidance, such as guidance on workplace adjustments and easy reader on ‘how to make sure everyone is treated fairly at work’

ACAS guidance, such as guidance on employment contracts and flexible working

AI/technology guidance

The AI/technology guidance adopting/applying the principle of fair conditions

The principle of 'fair conditions' has been adopted and applied in the following

‍UNESCO recommendation on Ethical AI Regulation (Policy Area 10, Economy and Labour)

‍Council of Europe, Report on “artificial intelligence and labour markets: friend or foe?” - PACE, Committee on Social Affairs, Health and Sustainable Development

‍GPAI Data Governance Working Group, Data Justice Pillars (Equity and Access)

‍GPAI Data Governance Working Group, 12 Principles and Priorities of Responsible Data Innovation (Economic and social rights; right to just working conditions)

‍Fairwork UK Ratings 2021: Labour Standards in the Gig Economy (Principle 2, Fair Conditions)

‍HUDERAF: ‘fairness’ implies sharing the benefits of AI technologies at local, national and international levels, taking into account the specific needs of demographic groups and communities; and transparency and explainability to those affected

4. Equality

Everyone should be treated equally and without discrimination

This includes the right to equality and non-discrimination, including the right to equality before the law; the right to equal treatment; and the rights to protection from discrimination, harassment and victimisation.

Regulation

Key legal rights, duties (international, European and national) synthesised by the principle of equality

International legal instruments include

International Covenant on Civil and Political Rights (Art 18)

‍International Convention Economic, Social and Cultural Rights (Arts 2, 3)

‍International Convention on the Elimination of All Forms of Racial Discrimination (Art 5(e)(i))

‍Convention on the Elimination of All Forms of Discrimination against Women (Art 11)

‍Declaration on the Elimination of All Forms of Intolerance and of Discrimination based on Religion or Belief (Arts 5, 7)

‍Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities

‍Convention on Rights of Persons with Disabilities (Art 27)

‍ILO Equal Remuneration Convention 1951 (Arts 1, 2)

‍ILO Discrimination (Employment and Occupation) Convention 1958 (Arts 1, 2)

European-level legal instruments include

European Convention on Human Rights (Arts 9, 12, 14)

‍European Social Charter (Arts 4, 8, 15, 17, 18, 19)

‍Convention for the Protection of Individuals with regard to Automatic Process of Personal Data (Convention 108) (Art 6)

National laws include

Equality Acts 2006 and 2010

‍Human Rights Act 1998

Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000 (SI 2000/1551)

‍Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002 (SI 2002/2034)

‍Agency Workers Regulations 2010 (SI 2010/93)

‍Equality Act 2010 (Guidance on the Definition of Disability) Appointed Day Order 2011 (SI 2011/1159)

The UK GDPR (Regulation (EU) 2016/679 as amended by SI 2019/419) (Arts 9, 35); Data Protection Act 2018 (s 10; sch 1, paras 8 and 9; recitals 71, 75; 85)

Soft laws

‘Soft laws’ and guidance to help promote equality in practice

International guidance and ‘soft law’ include

Economic and Social Council, General Comment No. 20: Non-discrimination in economic, social and cultural rights (art. 2, para. 2, of the International Covenant on Economic, Social and Cultural Rights), E/C.12/GC20 (2 July 2009)

‍Relevant SDG targets: 1.4, 4.5, 5.2, 5.4, 5.5, 5.a, 8.5, 8.8, 10.3

‍ILO’s Employment Protection Rights Dialogue: Relevant policy outcomes 1, 2, 3, 6, 7, 8, 10

‍WEF Good Work Framework (equitable conditions)

National instruments with indirect legal significance include

EHRC Employment, Statutory Code of Practice

‍EHRC Equal Pay Statutory Code of Practice

‍EHRC Supplement to the Employment Statutory Code of Practice 2014

National guidance includes

EHRC guidance including: summary guidance on employment, guidance on good equality practices for employers, guidance on positive action in the workplace, guidance on religion and belief in the workplace, and guidance on avoiding unlawful discrimination against disabled people

‍ACAS guidance on discrimination, bullying and harassment

‍CIPD Guidance on Equality and Diversity

‍TUC guide to equality and discrimination

AI/technology guidance

The AI/technology guidance adopting/applying the principle of equality

This principle has been adopted and applied in the following

‍UNESCO recommendation on Ethical AI Regulation (III.2 Principles, Fairness and Non-Discrimination)

‍GPAI Data Governance Working Group, 12 principles and priorities of responsible data innovation, non-discrimination, fairness, and equality

‍GPAI Data Governance Working Group, Data Justice Pillars, Equity

‍HUDERAF (Principle 4, Non-Discriination, Gender Eqaulity, Fairness and Diversity - rights to ‘non-discimination, equality and equal treatment’) highlights that particular attention must be paid to stopping the perpetuation of unjust bias and discrimination by AI technologies; promoting understanding of equality impacts; and to redress

‍UK Government Public Sector Guidance on AI Ethics and Safety, (Fairness and non-discrimination)

‍Toronto Declaration (the right to equality and non-discrimination)

‍Montreal Declaration (Equity)

5. Dignity

Work should promote dignity

This is the inviolable right to respect and protection of human dignity; and to the rights, freedoms and duties to protect psychological, moral and physical integrity of the person. The principle of dignity constitutes a foundation for many other human rights.

International legal instruments include

‍International Covenant on Economic Social and Cultural Rights (Arts 6-9)

‍International Covenant on Civil and Political Rights

‍EU Charter of Fundamental Rights (23(3), 24)

‍ILO Violence and Harassment Convention 2019

European legal instruments include

European Social Charter (in general, as articulated through the provisions)

‍European Social Charter (Revised) (1996) (Art 26) (signed but not ratified by the UK)

‍Convention for the Protection of Individuals with regard to Automatic Process of Personal Data (Convention 108)(Arts 5-8)

National laws include

‍Equality Act 2010 (particularly s 26)

‍Protection from Harassment Act 1997

‍Human Rights Act 1998

‍Employment Rights Act 1996 (this is more broadly in relation to rights such as unfair dismissal or whistleblowing, etc)‍

The UK GDPR (Regulation (EU) 2016/679 as amended by SI 2019/419) (particularly Art 22, also Arts 6, 7, 9, 10, 13-19, 21)

Soft laws

‘Soft laws’ and guidance to help promote dignity in practice

International guidance and ‘soft- law’ instruments include

‍ILO Declaration concerning the aims and purposes of the International Labour Organisation (Declaration of Philadelphia/Annex to the ILO Constitution, 1944 (Arts I(a); II(a))

‍ILO framework on decent work

‍ILO Declaration of Fundamental Principles and Rights at Work 1998 (recognising the need to enable achievement of full human potential)

‍ILO Violence and Harassment Recommendation 2019

‍WEF Good Work Framework (provision of dignity and purpose)

National instruments with indirect legal significance include

ACAS Code of Practice on handling in a reasonable manner requests to work flexibly

‍ACAS Code of Practice on disciplinary and grievance procedures

‍EHRC Employment, Statutory Code of Practice 2011

‍HSE Approved Codes of Practice

National guidance includes

ACAS guidance on discrimination, bullying and harassment

‍ACAS guidance on health and wellbeing

‍ICO Employment Practices Code (particularly part 3 – under review)

‍TUC Manifesto: Dignity and work and the AI revolution

AI/technology guidance

The AI/technology guidance adopting/applying the principle of dignity

This principle has been adopted and applied in the following

UNESCO recommendation on Ethical AI Regulation (III.1 Values, Respect, protection and promotion of human rights and fundamental freedoms and human dignity)

CAHAI guidance highlights risks across the life-cycle of AI systems, including the instrumentalisation in which an individual is treated as exchangeable; and the risk of psychological ‘chilling’ effects on behaviour

‍GPAI Data Governance Working Group, 12 Principles and Priorities of Responsible Data Innovation (Respect for and protection of human dignity)

‍European Agency for Fundamental Rights, Getting the Future Right: Artificial Intelligence and Fundamental Rights, (Human dignity)

‍HUDERAF: Turing Institute Primer for Council of Europe (foundational Principle 1 is human dignity)

‍UK Government Public Sector Guidance on AI Ethics and Safety (Respect the dignity of individual persons)

6. Autonomy

Work should promote autonomy

This is the right for an individual to exercise autonomy and independence in decisions about their life and future. It is about an individual being empowered to make informed choices; and having a right to a private life.

Regulation

Key legal rights, duties (international, European and national) synthesised by the principle of autonomy

International legal instruments include

International Covenant on Economic Social and Cultural Rights (Arts 1, 2)

International Covenant on Civil and Political Rights (Arts 1, 2)

European legal instruments include

European Convention on Human Rights (particularly Arts 8, 9, 10, 11)

‍European Social Charter (particularly Arts 1, 5, 9)

‍Convention for the Protection of Individuals with regard to Automatic Process of Personal Data (Convention 108) (Arts 5-8)

National laws include

Human Rights Act 1998

‍Flexible Working Regulations 2014 (SI 2014/1398) (under review)

Common law right to self-determination

‍Modern Slavery Act 2015

The UK GDPR (Regulation (EU) 2016/679 as amended by SI 2019/419) (Arts 4(11), 5(1)(a), 6, 7, 12-22, 33, 34, 35(9), 68, 75, 77, 78, 82, 85; recitals 7, 32, 40, 42, 43, 65, 68, 71)

‍Information and Consultation of Employee Regulations 2004 (SI 2004/3426)

‍Transfer of Undertaking (Protection of Employment Regulations) 2006 (SI 2006/246)

Soft laws

‘Soft laws’ and guidance to help promote autonomy in practice

International guidance and ‘soft- law’ instruments include

ILO framework on decent work

National instruments with indirect legal significance include

‍ACAS Code of Practice on handling in a reasonable manner requests to work flexibly

‍ACAS Code of Practice on disclosure of information to trade unions for collective bargaining purposes

ACAS Code of Practice on time off for trade union duties and activities ICO Employment Practices Code (in general, but particularly part 2.8 – under review)

Other national instruments include

‍ACAS guidance on flexible working

‍TUC guide to family-friendly work

AI/technology guidance

The AI/technology guidance adopting/applying the principle of autonomy

This principle has been adopted and applied in the following

UNESCO recommendation on Ethical AI Regulation (III.1 Values, Respect, protection and promotion of human rights and fundamental freedoms and human dignity; III.2 Principles, Right to Privacy, and Data Protection)

CAHAI highlights the risk of psychological ‘chilling’ effects on behaviour as result of pervasive AI-driven monitoring; and the potential significance of AI-based profiling and emotion/personality recognition to the right to physical, psychological, and moral integrity

Council of Europe Commissioner on Human Rights on Unboxing AI highlights a need for AI systems to remain under human control. AI can enrich work by taking over repetitive tasks but creates new risks, for example monitoring, distributing work, predicting worker performance

‍OECD AI Principles and Classification Framework (Liberty and security; Freedom of thought, conscience and religion)

‍GPAI Data Governance Working Group, 12 Principles and Priorities of Responsible Data Innovation (Protection of human freedom and autonomy)

‍HUDERAF: Turing Institute Primer for Council of Europe (Principle 2 is human freedom and autonomy)

‍Montreal Declaration (Respect for autonomy; privacy and intimacy)

7. Wellbeing

Work should promote physical and mental wellbeing

This is the right to health and safety in the workplace. This right highlights the interdependence of the Charter principles, since health rests on the wider factors and conditions that protect and promote good work and wellbeing.

Regulation

Key legal rights, duties (international, European and national) synthesised by the principle of wellbeing

International legal instruments include

‍International Covenant on Economic Social and Cultural Rights (Arts 7, 8, 12)

‍International Covenant on Civil and Political Rights (Arts 8, 22)

‍International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (Arts 25(a), 28, 43(e), 70)

‍ILO Promotional Framework for Occupational Safety and Health Convention 2006

European legal instruments include

European Convention on Human Rights (Arts 2 & 8)European Social Charter (Arts 2, 3, 7, 8, 11, 13)

National laws include

‍Health and Safety at Work Act 1974

Various pieces of sector-specific primary and secondary legislation on occupational health and safety enforced by the HSE

‍Coronavirus Act 2020

Common law protections in tort (Barber v Somerset CC [2002] EWCA Civ 76 [43]) (approved HL)

‍Protection from Harassment Act 1997 Health and Safety (Offences) Act 2008 Corporate Manslaughter and Corporate Homicide Act 2007 Human Rights Act 1998

The UK GDPR (Regulation (EU) 2016/679 as amended by SI 2019/419) (Arts 4(1), 9; recital 15, and provisions above promoting control over processing); Data Protection Act 2018 (s 10 and sch 1 para 2(2)(b))

Soft laws

‘Soft laws’ and guidance to help promote wellbeing in practice

International guidance and ‘soft- law’ instruments include

‍Sustainable Development Goals: 3.9, 8.8, 16.6

‍ILOs Employment Protection Rights Dialogue: Relevant policy outcomes 2, 6, 7, 8, 10

‍World Health Organisation Constitution

National instruments with indirect legal significance include

‍HSE Approved Codes of Practice (ACOPs)

Other national instruments include

‍HSE guidance

‍HSE public health advice on Coronavirus (COVID-19)

‍ACAS guidance on health and wellbeing at work

‍CIPD resources on wellbeing at work

‍UK Government guidance on health and safety at work

AI/technology guidance

The AI/technology guidance adopting/applying the principle of wellbeing

This principle has been adopted and applied in the following

UNESCO recommendation on Ethical AI Regulation (III.2 Principles, Proportionality and Do No Harm)

CAHAI highlights that humans’ ‘quality of life’ should be enhanced and maintained by AI systems, rather than harmed

‍GPAI Data Governance Working Group, 12 Principles and Priorities of Responsible Data Innovation (Prevention of harm and protection of the right to life and physical, psychological, and moral integrity)

HUDERAF: Turing Institute Primer for Council of Europe (Principle 3 is Prevention of Harm to safeguard physical and mental wellbeing and integrity, noting additional safeguards are required to protect the vulnerable)

UK Government Public Sector Guidance on AI Ethics and Safety (Care for the wellbeing of each and all)

Montreal Declaration (Well-being)

8. Support

Everyone should have access to institutions and people who can represent their interests

This is the right to freedom of association and bargaining, and wider responsibilities to practice inclusivity and demonstrate solidarity.

Regulation

Key legal rights, duties (international, European and national) synthesised by the principle of support

International legal instruments include

Universal Declaration of Human Rights (Art 20)

‍International Covenant on Economic Social and Cultural Rights (Art 8)

‍International Covenant on Civil and Political Rights (Art 22)

‍ILO Freedom of Association and Protection of the Right to Organise Convention 1948 (Parts I and II)

‍ILO Right to Organise and Collective Bargaining Convention 1949 (Arts 1 & 2)

European-level legal instruments include

‍European Convention on Human Rights (Art 11)

‍European Social Charter (Arts 5, 6)

National laws include

‍Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA)

‍Information and Consultation of Employee Regulations 2004 (SI 2004/3426)

‍Human Rights Act 1998

Equality Act 2010 (s13, as interpreted in Lisboa v RealPubs UKEAT/0224/10/1101)

The UK GDPR (Regulation (EU) 2016/679 as amended by SI 2019/419) (Arts 35(9), 80; recital 142); Data Protection Act 2018 (ss 187-190)

Soft laws

‘Soft laws’ and guidance to help promote support in practice

International guidance and ‘soft- law’ instruments include

‍Sustainable Development Goals targets 8.8, 16.3, 16.6, 16.10, 5.5

‍ILO’s Employment Protection Rights Dialogue: Relevant Policy Outcomes 2, 7, 10

‍WEF Good Work standards (inclusivity)

‍Fairwork Principles

Regulatory instruments with indirect legal significance

‍DTI Code of Practice: Access and unfair practices during recognition and derecognition ballots

‍ACAS Code of Practice on disclosure of information to trade unions for collective bargaining purposes (2003)

Other national guidance and reports include

BIS Guidance on Industrial Action and the Law and BIS Guide on Industrial Action and the Law for employees, trade union members and others

‍BIS guidance on blacklisting

‍ACAS guide on trade union representation in the workplace

‍ACAS guide on non-union representation in the workplace

‍BERR, CBI and TUC: Reps in Action - How workplaces can gain from modern union representation

‍TUC guide to organising and collective bargaining

AI/technology guidance

The AI/technology guidance adopting/applying the principle of support

This principle has been adopted and applied in the following

UNESCO recommendation on Ethical AI Regulation (III.1 Living in peaceful, just and interconnected societies)

HUDERAF: guidance highlights that inclusivity and meaningful consultation with stakeholders/the impacted individuals and community must include effective representation throughout the AI life cycle

‍GPAI Data Governance Working Group, 12 Principles and Priorities of Responsible Data Innovation (Interconnectivity, solidarity, and intergenerational reciprocity)

‍UK Government Public Sector Guidance on AI Ethics and Safety, (Connect)

‍Montreal Declaration (Solidarity)

9. Participation

Everyone should be able to take part in determining and improving working conditions

This is the right for an individual to be involved in decision-making which affects their interests; and to help shape an environment at work which allows them to flourish. This reflects the wider principle of equal participation in the shared life of the community/public affairs.

Regulation

Key legal rights, duties (international, European and national) synthesised by the principle of participation

‍International legal instruments include

International Covenant on Economic Social and Cultural Rights (Arts 1, 2)

‍International Covenant on Civil and Political Rights (Arts 1, 2)

‍ILO Freedom of Association and Protection of the Right to Organise Convention 1948 (Parts I and II)

‍ILO Right to Organise and Collective Bargaining Convention 1949 (Arts 1, 2)

European-level legal instruments include

‍European Convention on Human Rights (Art 11)European Social Charter (Arts 5, 6)

National laws include

‍Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA)

‍Information and Consultation of Employee Regulations 2004 (SI 2004/3426)

‍Transfer of Undertaking (Protection of Employment Regulations) 2006 (SI 2006/246)

‍Human Rights Act 1998 Health and Safety at Work Act 1974 (s 2(6))

‍The Occupational and Personal Pension Schemes (Disclosure of Information) Regulations 2013 (SI 2013/2734)

‍Occupational Pension Schemes (Contracting-out) Regulations 1996 (SI 1996/1172) (reg 4)

The UK GDPR (Regulation (EU) 2016/679 as amended by SI 2019/419) (Arts 4(11), 5(1)(a), 6, 7, 12-22, 33, 34, 35(9), 68, 75, 77, 78, 82, 85; recitals 7, 32, 40, 42, 43, 65, 68, 71)

Soft laws

‘Soft laws’ and guidance to help promote participation in practice

International guidance and ‘soft- law’ instruments include

‍Sustainable Development Goals targets 8.8, 10.4, 16.1, 16.6, 16.7

‍ILO’s employment protection rights dialogue: Relevant policy outcomes 1, 2, 7, 10

‍Fairwork Principles

‍WEF Good Work Framework (inclusivity and participation)

‍Health & Safety consultation

‍Regulatory instruments with indirect legal significance

‍DTI Code of Practice: Access and unfair practices during recognition and derecognition ballots

‍ACAS Code of Practice on disclosure of information to trade unions for collective bargaining purposes

‍ACAS Code of Practice on time off for trade union duties and activities

‍BEIS Code of Practice on industrial action balloting

‍BEIS Code of Practice on Picketing

Other national guidance and reports

‍BIS Guidance on Industrial Action and the Law and BIS Guide on Industrial Action and the Law for employees, trade union members and others

‍BIS guidance on blacklisting

‍ACAS guide on trade union representation in the workplace

‍ACAS guide on non-union representation in the workplace

‍TUC guide to organising and collective bargaining

AI/technology guidance

The AI/technology guidance adopting/applying the principle of participation

This principle has been adopted and applied in the following

HUDERAF: guidance highlights that active participation of, and meaningful consultation in all stages of the AI lifecycle is an important component of prevention and mitigation of adverse impacts

‍GPAI Data Governance Working Group, Data Justice Pillars (Participation)

‍UK Government Public Sector Guidance on AI Ethics and Safety (Connect)

‍Montreal Declaration (Democratic participation)

10. Learning

Everyone should have access to lifelong learning and career guidance

This is the right to access technical and vocational guidance and training programmes. This is a precondition, and safeguard, for many other fundamental rights, duties and freedoms.

Regulation

Key legal rights, duties (international, European and national) synthesised by the principle of learning

International legal instruments include

‍International Covenant on Economic, Social and Cultural Rights (Arts 13, 14, 28, 29)

‍Convention Against Discrimination in Education (Arts 1-5)

‍Convention on Technical and Vocational Education

‍Convention on Rights of the Child (particularly Art 28)

‍Convention on the Protection of Migrant Workers (Arts 30, 43(1)(a), 45(1)(a) and (4))

European-level legal instruments include

‍European Social Charter (Arts 9, 10)

‍National laws include

‍Human Rights Act (Art 2 First Protocol)

‍Education Acts

‍Employment RIghts Act 1996 (Pt 6A, particularly s 63D)

‍Education and Skills Act 2008 (s2)

‍Industrial Training Act 1982 (s1)

‍Social Security (Qualifying Young Persons Participating in Relevant Training Schemes) (Amendment) Regulations 2017 (SI 2017/987)

Apprenticeships, Skills, Children and Learning Act 2009 and the Apprenticeships (Miscellaneous Provisions) Regulations 2017 (SI 2017/1310)

‍Higher Education and Research Act 2017

The UK GDPR (Regulation (EU) 2016/679 as amended by SI 2019/419) (Art 9(2)(j), recital 157, recognising the value of research into the correlation between social conditions, unemployment and education to inform policy and improve quality of life)