Executive Summary

Inquiry into Fair Work in the Hospitality Industry

The Fair Work Convention

The Fair Work Convention brings together employers, trade unions and academic expertise to promote and advocate for fair work across the economy and to advise Scottish Ministers on fair work. Fair work is work that offers everyone an effective voice, opportunity, security, fulfilment and respect. It balances the rights and responsibilities of employers and workers. It generates benefits for individuals, businesses and society.

The Hospitality Inquiry

The Hospitality Inquiry was led by an Inquiry Group made up of hospitality employers, employer bodies, trade unions, hospitality workers and other organisations. The Inquiry was led by employer and union Co-Chairs and was supported by an academic advisor.

The Inquiry Group brought a wealth of expertise and experience to the Inquiry process. The Inquiry considered fair work in the broadest sense, exploring the experiences of hospitality workers and employers to identify what is working and where improvements in fair work can be made.

Satnam Ner, Prospect and Fair Work Convention (Co-Chair)

Linda Johnston, Auchrannie Resort (Co-Chair)

Why Hospitality?

Hospitality is important to the Scottish economy and contributes to the quality of local community life across Scotland. Hospitality is a changing and dynamic sector which offers business opportunities, jobs and careers, and makes a significant contribution to economic activity, particularly in remote rural areas. The hospitality industry is diverse and businesses range in scale and ownership from sole-trader, micro and family businesses to major multinational corporations. Hospitality also comes with a range of fair work challenges which have been a feature of work in the sector for decades. Improving fair work will create positive outcomes for workers and employers. Investing in fair work now will help employers build strong and resilient businesses for the future.

Hospitality – Overview

Hospitality is an important part of the Scottish economy. Accommodation and food services make up an estimated 8% of Scottish employment, almost 9% of private sector businesses in Scotland, and in 2021 had a turnover of £6.4 billion.

The last few years for hospitality have been particularly challenging with the pandemic requiring the sector to close down or significantly reduce trading. This resulted in high numbers of workers losing their jobs or being placed on furlough. Coming out of the pandemic, businesses have faced cost pressures and labour shortages as they have tried to recover. While this created challenges it has also created a focus on the value of fair work as businesses seek to attract and retain workers.

Security

Security of employment, work and income are important foundations of a successful life. The Inquiry considered the degree to which workers in hospitality experienced security at work and found the following key points:

Precarious work and insecurity at work disproportionately impacts certain groups – younger workers, women, disabled workers, non-UK nationals, ethnic minority workers and those with lower educational attainment.

Security at work is fundamental with issues around pay, hours, contracts and basic employment rights, all core elements of workers’ experience of work. While improvements have been seen in hospitality around payment of the Real Living Wage, there is more that employers can do to improve security at work.

Findings from this Inquiry suggest that employers focusing on providing transparent and predictable hours and clear information on employment rights to all of their employees is likely to have a significant impact on the experience of fair work in hospitality.

Respect

Respect as a dimension of fair work includes health and safety, dignity at work and issues relating to bullying and harassment, but it also goes beyond this to include dignified treatment, social support and the development of trusting relationships. The Inquiry considered the degree to which workers in hospitality enjoyed respect at work and found the following key points:

It is evident that many employers in hospitality take issues around respect seriously and take steps to ensure workers are safe and their wellbeing is supported. Yet, the evidence suggests that hospitality workers face a number of issues relating to respect at work. Hospitality workers would benefit from a clearer focus on safe working practices; support for night workers to get home safely; a better balance of working hours, with clear and consistent access to rest days; better relationships with managers, with a focus on eradicating bullying and harassment - particularly racism and sexual harassment; and a clear mechanism to report issues if they arise.

Respect at work is primarily about relationships, cultures, and how well work is run and organised, and workers must feel confident that effective employer action will be taken if concerns are reported. This is an important and achievable focus for all employers regardless of size or starting point.

Opportunity

Opportunity allows people to access and progress in work and employment and is a crucial dimension of fair work. The Inquiry considered opportunity in the hospitality sector and found the following key points:

The hospitality industry is relatively diverse and plays an important role in providing routes into work and entry level positions. The important role that hospitality plays in social inclusion and providing work for highly marginalised groups is often overlooked.

With persistently high vacancy rates across the hospitality sector, there is a business need to maximise the potential workforce entering the sector as well as maximising recruitment and retention. The opportunity dimension focuses on fair, open and accessible employment and progression, irrespective of personal characteristics.

Focusing on providing equal access to work, training and progression opportunities, along with tackling pay gaps, and addressing bullying and harassment, including from customers, could support improved retention and fair work outcomes for workers, particularly those with protected characteristics.

Fulfilment

Fulfilment includes the opportunity to use one’s skills, to be able to influence work, have some control and to have access to training and development. The Inquiry considered the degree to which work in hospitality offers fulfilment and found the following key points:

The hospitality industry continues to struggle with issues around labour shortages, skills shortages and high levels of staff turnover. There are a number of routes into the sector through apprenticeships, colleges and universities, but data suggests that the number of people undertaking apprenticeships and college courses is falling.

Perceptions of the sector do seem to be having an impact on recruitment, as do changes to immigration policy. Turnover and churn impacts employers by creating clear barriers to investing in their workforce through training, while, for workers, changing between hospitality jobs can often be a response to poor practice, particularly bullying and harassment from managers.

Relationships with managers shape the experiences of hospitality workers for good and for ill, and while relationships with co-workers and customers are often identified by workers as the best thing about working in hospitality, relations with managers are more variable and can have a major determining influence on workers’ desire to work in hospitality in the longer term.

Effective voice

Effective voice underpins and facilitates all other dimensions of fair work. Effective voice requires structures – formal and informal – through which real dialogue – individual and collective – can take place. The Inquiry considered the degree to which workers in hospitality enjoyed effective voice at work and found the following key points:

There is a need to strengthen effective voice mechanisms and to encourage and empower workers to raise issues when they arise. For this to be effective, workers must have faith that they will be treated with respect and they must see their employer respond positively to their views and concerns.

Embedding improvements in effective voice is key to making meaningful progress on fair work in hospitality. It is also clear that effective voice is an area where there is a significant weakness in fair work terms for the hospitality industry, both in terms of individual voice mechanisms and collective approaches. Improving effective voice at a workplace level and improving industrial relations and joint working at a sectoral level, is key to further embedding fair work in the sector going forward. Workers must have a voice, and this must be respected and taken seriously if all other dimensions of fair work (security, respect, opportunity and fulfilment) are to improve.

Rurality

In Scotland in 2023, there were 3,240 rural accommodation and food services businesses, with 39,000 people employed in rural areas in 2022. The accommodation and food services sector has a much larger share of employment in remote rural areas (17.9%) compared to accessible rural areas (10.1%) and the rest of Scotland (9.9%).

The Inquiry considered the unique challenges of rural and island living and how this impacts the experience of fair work in hospitality and found the following:

In Scotland, hospitality and tourism plays an important role in the economy of remote rural areas. Rural businesses face many of the same fair work issues as urban businesses but there are significant additional issues facing both employers and workers. Making progress on issues like transport, housing, childcare and connectivity is essential for delivering fair work in rural areas.

Recommendations

The Inquiry considered the barriers to adopting fair work, along with employers’ and workers’ aims and ambitions for the sector. Consideration was also given to the policy levers that exist which could effectively support and enable the industry to promote and further fair work.

The Inquiry has identified a range of recommendations that taken together would constitute a Fair Work Agreement for hospitality. A Fair Work Agreement is an agreement between employers, employer bodies and unions to work together to advance fair work in an industry. To have meaningful impact, a Fair Work Agreement requires buy-in from employers, employer bodies, unions and ultimately workers across the industry in question. Fair Work Agreements also need to be effectively supported by Government to facilitate progress and to provide additional resource and capacity within the industry.

While businesses face a range of challenges and pressures which may limit how readily they can apply measures (particularly those that have an immediate cost impact), fair work is based on a philosophy of joint working and positive relationships between workers, employers and unions which means that many key elements of fair work can be applied without significant cost to the business. Despite this, some funding from Government to support fair work training, and to build structures across the industry will be necessary, and employers will need to recognise the value of fair work and invest in fair work business models.

To deliver fair work, employers across the industry need to build on what they are already doing well and identify areas for improvement. A key way to achieve this is to learn from the good practice of other businesses in the sector, and to strengthen effective voice in their workplace. Ultimately, focussing on continuous improvement will support strong and resilient businesses for the future.

Taking these issues into account the Inquiry makes the following recommendations:

Recommendations: Fair Work Agreement

Key: Recommendation Owner

Theme: Building Communities of Practice

1 The Scottish Government should fund two fair work coordinator posts, one embedded in the secretariat of the Tourism and Hospitality Industry Leadership Group (THILG) to support employers and one in Unite the Union to support workers.

Theme: Fair Work Champions

2 The Fair Work Coordinators in the THILG and Unite the Union should work with employers and workers in the sector to develop a network of Fair Work Champions and Effective Voice Champions. This will require businesses in the hospitality sector to actively support the creation of these roles.

3 A member of the THILG should be appointed Fair Work Champion. The main purpose of this will be to champion fair work through the work of this key industry leadership structure, to provide strategic profile and drive the industry’s commitment to adopting the highest levels of fair work practice.

Theme: Developing Accredited Fair Work Training

4 The Scottish Government should support CIPD, CMI and SQA to develop an accredited training scheme for senior managers. This training scheme should be undertaken by all managers who are acting as Fair Work Champions. The Scottish Government should also support Scottish Union Learning and TUC Education to jointly provide bespoke online fair work awareness training for hospitality workers. This training should be undertaken by all Effective Voice Champions. Both types of training should be developed with input from the THILG and the Fair Work Convention and should take into account the context of the industry in the design of how training is accessed and undertaken.

Theme: Fair Work Charter for Hospitality

5 The members of the THILG, being mindful of the need to balance union and employer representation, should work together to create a single Fair Work Charter for hospitality businesses. This could be taken forward through an existing or bespoke sub-group if appropriate. It is envisaged that this charter should be voluntary, allowing employers to demonstrate their general commitment to fair work. Adopting the charter can be used to provide useful evidence within fair work conditionality but does not replace other requirements around the Real Living Wage or effective voice that may be included. Based on the findings of this Inquiry, the Fair Work Charter for Hospitality should at a minimum cover the following issues:

It is crucial for the charter to have an effective dispute resolution model. In the case of a dispute where staff members believe that elements of the charter are not being upheld, the charter should allow a case to be heard through the dispute resolution process. This will involve setting up a panel which includes a balance of both employer and trade union members involved in the THILG. This panel will consider the issue(s) raised and should seek effective resolution in the first instance. Where resolution is not possible, and where the panel finds a breach of charter commitments has occurred, the panel could recommend removing the business as a charter member. Where the business is part of a larger chain, this process will apply only to the business where the issues have arisen. In exceptional circumstances, the panel may decide to remove accreditation from the whole chain if there is evidence to suggest the failings are significant and systematic across the whole chain.

Theme: Providing Positive Support for Change

6 The Scottish Government should make a dedicated fund available for hospitality businesses to support the adoption of fair work practices. This funding stream should not have fair work conditionality attached to it as it is designed to support the adoption of fair work practices and build capacity in the sector. This approach supports the use of wider conditionality in the industry as it provides support to those who need to make significant change to become eligible for wider funding streams. This proposed Fair Work in Hospitality Development Fund could be used to:

Theme: Review and Renewal

7 The THILG or an existing or bespoke sub-group should, after a period of five years, review the Fair Work Agreement to understand how well it is embedding fair work in the industry from the perspective of both employers and workers. It should then make any amendments that it believes are necessary to continue to advance and embed fair work effectively within the hospitality industry.

Further Recommendations

Theme: Taxation

8 When considering issues of taxation for the hospitality industry, the Scottish Government should consider if any fair work conditionality can be applied. This conditionality should aim to provide an additional tax incentive or relief for employers who pay at least the Real Living Wage and provide effective voice mechanisms to all workers.

Theme: Rural Businesses

9 The need to provide accommodation for workers creates significant additional costs for employers and clear fair work issues for workers associated with housing tied to their job which does not support family life in the longer term. The Arran Development Trust has created a useful model for increasing the housing available in an area. The Scottish Government, working with Enterprise Agencies and Local Authorities in rural areas, should aim to replicate this approach in other communities. Ultimately, increasing the supply of affordable housing is key to underpinning fair work in rural economies.

10 There are a range of issues for hospitality businesses in rural areas that are distinct, and rural businesses in hospitality would benefit from having a forum to explore these fully. The THILG should create a dedicated rurality sub-group to consider the specific needs of rural businesses, including on fair work issues.

Theme: Health and Safety

11 The Scottish Government should seek to support improved funding for Environmental Health provision within Local Government and work with Local Authorities to ensure more proactive health and safety inspection, particularly for hospitality businesses.

Theme: Supporting Disabled Workers

12 The Scottish Government should include within its wider fair work funding, support for hospitality businesses to create and support employment opportunities for disabled workers, particularly those with learning difficulties. Employability funding should continue to support disabled workers into employment and should aim to support workers into hospitality businesses where employers are engaging effectively with fair work structures and the recommendations of this Inquiry. The work of the Fair Work Coordinators (Recommendation 1) should also provide ongoing help and support for both employers and disabled workers, facilitating the sharing of good practice, and positive and supportive management practices, in line with fair work.