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Showing impact case studies 1 to 7 of 7
Submitting institution
Middlesex University
Unit of assessment
17 - Business and Management Studies
Summary impact type
Societal
Is this case study continued from a case study submitted in 2014?
No

1. Summary of the impact

Social enterprises in the UK and internationally face major challenges to their establishment, survival and growth. Research undertaken by the Business School’s Centre for Enterprise and Economic Development Research (CEEDR) resulted in changes to practice and public policy, enabling growth of the social enterprise sector and generating impact in three ways:

  1. Informing and influencing government policy to help social enterprises grow in the UK and internationally through, for example, the UK Office for Civil Society and the EU Social Business Initiative, and particularly in relation to public service mutual;

  2. Encouraging SE start-ups and strategic change through online courses, training, and in-depth consultancy/advice. CEEDR’s open online courses had over 50,000 registrations between 2016-2020 with an impact evaluation showing 1,945 new social enterprises were attributable to course participation;

  3. Improving the services provided by social enterprise support providers, specifically in relation to financial support and service design and delivery.

2. Underpinning research

Since 2005, a series of research projects within the Centre for Enterprise and Economic Development Research (CEEDR) in Middlesex University’s Business School have made a significant contribution to understanding how social enterprises grow and how support provision is best designed and organised. Concerns regarding lack of growth exhibited by many small enterprises drove our early research on strategic change in social enterprise with Lyon as a co-investigator in the £10m ESRC Third Sector Research Centre (2008-2014). This work was further developed by Lyon, Vickers and Owen in the £6m ESRC Centre for the Understanding of Sustainable Prosperity (2016-21). A further 18 relevant contract research projects have also been conducted in this period, with non-academic partners and commissioning bodies that include Social Enterprise UK, the Government Office for Civil Society at DCMS, and Joseph Rowntree Foundation. Key research findings from this programme of research comprise:

Management for start-up and strategic change CEEDR research identified the key ‘hybrid’ capabilities needed to combine effectively social and commercial objectives in newly established and growing social enterprises [3.1]. Results on environmentally-motivated social enterprise formed the basis of a typology of scaling processes which advanced understanding of strategies for social enterprise growth [3.2, see also 3.3].

Managing innovation Research by Vickers, Sepulveda and Lyon, supported by funding from the ESRC Innovation Research Initiative (2011-2014), provided detailed analysis of social enterprise innovation processes [3.4]. Results showed how successful innovation and subsequent growth was driven by a complex interplay between social and commercial objectives as well as the involvement of employees, service users and external partners and funders. The study identified practical ways in which social enterprises can be supported to take advantage of the creative interplay between different ‘institutional logics’, and how enterprise leaders can encourage and facilitate the ideas and contributions of multiple stakeholders and innovation partners.

Financing social enterprise Analysis of the crucial role of finance in scaling up social enterprises, identified a mismatch between the supply and demand for finance for social enterprises which had not been explored previously. Research, by Owen and Lyon that built on earlier work on innovation and strategic change, clarified the nature of the demand for investment from growing social enterprises, their strategies for obtaining finance and the role of the public sector and philanthropic sources of social investment [3.5]. Conclusions identified how existing policy could be better targeted at those enterprises that face the greatest constraints in accessing finance.

The role of public policy in supporting the growth of the social enterprise sector Findings on the definitions and conceptualisation of social enterprise [3.6] showed that policy development had been limited by confusion over the number and different types of social enterprise. This study revealed how use of different definitions gave rise to wildly different estimations of the scale of the sector in the UK. As a result, policy development for scaling up social enterprise had been misguided. Subsequent Joseph Rowntree Foundation funded research, led by Vickers into cities, the social economy and inclusive growth (2015-2017), identified opportunities and challenges for local and national policy makers to grow the social enterprise sector to achieve inclusive growth. Study of major UK and international cities demonstrated how different policy approaches towards social economy organisations led to the construction of city economies that were variously more diversified, resilient and socially inclusive.

3. References to the research

3.1 Doherty, R., Haugh, H. and Lyon, F. (2014) Social enterprises as hybrid organizations: A review and research agenda International Journal of Management Reviews 16(4): 417–436.

DOI: doi: 10.1111/ijmr.12028

3.2 Vickers, I. and Lyon, F. (2014) Beyond green niches? Growth strategies of environmentally-motivated social enterprises. International Small Business Journal 32(4): 449– 470.

DOI: 10.1177/0266242612457700

3.3 Blundel, R. and Lyon, F. (2014) Towards a ‘long view’: historical perspectives on the scaling and replication of social ventures. Journal of Social Entrepreneurship 6(1): 80-102. DOI: 10.1080/19420676.2014.954258)

3.4 Vickers, I., Lyon, F., Sepulveda, L. and McMullin, C. (2017) Public service innovation and multiple institutional logics: The case of hybrid social enterprises providers of health and wellbeing. Research Policy 46(10): 1755-1768. DOI: 10.1016/j.respol.2017.08.003

3.5 Lyon, F. and Owen (Baldock), R. (2019) Financing Social Enterprises and the Demand for Social Investment Strategic Change 28(1): 47-57. DOI: 10.1002/jsc.2245

3.6 Teasdale, S., Lyon, F. and Baldock (Owen), R. (2013) Playing with numbers: a methodological critique of the social enterprise growth myth. Journal of Social Entrepreneurship (April) 4(2):113-131. DOI: 10.1080/19420676.2012.762800

Major funding received (excluding other projects totalling £260,000 across 2014-20):

(1) Award to Fergus Lyon, Ian Vickers, Robyn Owen, Middlesex (Co-I); Title: Centre for the Understanding of Sustainable Prosperity; Awarded by ESRC (2016-20); £466,000 of £6m.

(2) Award to: Fergus Lyon PI/ Leandro Sepulveda and Ian Vickers (Co-I) Title: The Role of Mutuals in Public Service Innovation. Awarded by ESRC (2011-2014); £230,000.

(3) Award to: Fergus Lyon, Leandro Sepulveda, Ian Vickers, Bianca Stumbitz, Sara Calvo, Middlesex Co-I; Title: Third Sector Research Centre; Awarded by ESRC/OTS (2008-13); £1.5m of £10 million.

(4) Award to: Vickers (PI), Syrett; Title: Cities, the Social Economy and Inclusive Growth; Awarded by Joseph Rowntree Foundation (2015-17): £37,000.

4. Details of the impact

CEEDR research projects have generated impacts on policy and practice in three ways:

  1. Informing and influencing government policy to help social enterprises grow in the UK, Europe and beyond;

  2. Encouraging start-ups and strategic change to enable the viability and growth of social enterprises through online courses, training, and in-depth consultancy/advice;

  3. Influencing support providers to improve financial support and the design and delivery of their services for social enterprise, thus further enabling the growth of the sector.

Impacts on public policy in the UK and internationally

The Government Inclusive Economy Unit and Office for Civil Society used CEEDR research to develop their strategy for supporting the growth of a particular type of social enterprise - Public Service Mutuals - as part of inclusive growth strategies [5.1]. Our work with Social Enterprise UK has been used by senior civil servants to inform the spending review and strategy for supporting mutuals [5.2]. Recommendations related to how mutuals contributed to innovation in public services were shared and discussed on an ongoing basis, including at key events held by Nesta (2014) for practitioners and policy makers, and at the Cabinet Office (2014) and Office of Civil Society (2018), for policy makers.

The Office for Civil Society contracted CEEDR, in collaboration with Social Enterprise UK, to provide detailed evidence on the strengths of public service mutuals, their strategies for growth, challenges faced, and their support needs. This informed policy and helped refine the support (mentoring and advisory services) provided under the £2.7m Mutuals Support Programme. CEEDR’s ongoing work with SEUK also fed into government consultations on how mutuals are officially defined. A senior UK government policy maker stated: “Insight around the way organisations engage their staff in decision making has been very eye-opening and prompted this set of questions to be included in our upcoming consultation on the future definition of mutuals. Data around profit distribution has also fed directly into the upcoming consultation questions. Additionally, insight into the challenges, which have been echoed in this case study report, are starting to feed into the spending review process and our strategy for supporting mutuals in the future” [5.2].

The Departments of Business Energy and Industrial Strategy (BEIS) and Digital Culture Media and Sport (DCMS) changed their methodology for assessing the scale of the social enterprise sector in the UK [5.3], with reference to research involving Lyon and Baldock (now Owen) [3.6] and an earlier Social Enterprise Journal paper by Lyon and Sepulveda (2009), which had identified problems with previous mapping exercises. The revised data has been used by national government to focus support on charitable organisations that have moved into social enterprise activity, and also on a broader group of enterprises that includes a large proportion of private for-profit businesses that emphasise a social purpose or mission.

As an internationally-recognised centre of expertise on social enterprise, CEEDR has provided advice to policy makers from Canada, Norway, Philippines, China, South Africa, Bhutan and Australia. Within Europe, CEEDR research on social enterprise in the UK has been used by the European Commission Social Business Initiative (2011-2020) to develop guidance for other member states on how to create an effective enabling environment for social enterprise [5.4]. This led to CEEDR being asked to make recommendations for further policy changes as part of the evaluation team for the Social Business Initiative.

Impacts on start-ups and strategies for growing social enterprises

Insights from our research have been applied by social entrepreneurs to assist their start-ups and by established social enterprises to inform their strategies for growth and innovation [3.1; 3.2; 3.3; 3.4]. Our research findings directly informed the creation of Middlesex University’s Social Enterprise Massive Open Online Courses (MOOC) on the FutureLearn platform in 2016, that supported learners to start up a social enterprise or grow existing organisations [5.5, 5.6]. By December 2020, there had been over 50,000 registrations for these courses and 72,683 views of clips made available via YouTube. Participants came from 170 countries, with 50% from outside Europe, and 15% actively participating in online discussions. Evaluation results on the impact of the courses, published in a peer reviewed journal [5.5], showed that after three years 34% of the active learners had founded new social enterprises and 76% (an estimated 1,945 cases) would not have done so without the online course support. Participants reported too that it had helped their job performance (66% of active learners) and career development (25%). Also impacted were a wider group of social enterprises where 79% of all active learners had transferred knowledge and skills gained on the course to other social enterprises.

In addition to the MOOCs, over 70 social enterprises participated in six standalone face-to-face courses on growing a social enterprise delivered by Middlesex University staff for Charity Bank, Impact Hub, and other key support providers. A further 200 UK social enterprises attended workshops on how to grow a social enterprise at 8 sector events. Feedback showed that the courses had shaped how those attending the course thought about strategy in their organisation and helped them develop their own plans for growth [5.6].

A two-year Knowledge Transfer Partnership (KTP) between the social enterprise Holy Cross Centre Trust (HCCT) and CEEDR led to a significant development of their mental health services. An embedded associate employed by Middlesex University working closely with HCCT, drew upon CEEDR research and conducted market research on potential future clients. The social enterprise stated: “The Knowledge Transfer Partnership has been part of an extensive strategic review and organisational redesign workstream that has focused on developing a genuinely social business within the Health and Social Care field. The KTP has been placed at the centre of this organisational change process…(and)…directly influenced the strategic direction of the organisation. As a result of the KTP the organisation has been able to identify and win certain core contracts” (p.5) [5.7]. Changes based on the research made possible a turnover increase of 63% with an associated increase in their delivery of client services. The KTP also contributed to other changes such as rebranding, developing business models for wellbeing centres and impact reporting frameworks to drive strategic change.

Ten other social enterprises used our research on combining social and commercial objectives as part of the long-term advisory/consultancy support provided by CEEDR researchers. One of these, AESOP (Arts Enterprise for a Social Purpose), drew on this research to develop social enterprise business models for delivering health services [5.8]. This resulted in changes to the organisation and the support they provided to other social enterprises, as well as the models being shared at a major event attended by over 100 people, including other social enterprises, health providers and government ministers. AESOP has itself grown, with an additional £2.3m expansion of its programme which included over 1,000 older people and 1,000 volunteers across 63 programmes.

Improving the services of support providers

Social Enterprise UK and the Alternative Commission on Social Investment used CEEDR research findings on the significant mismatch of finance supply and demand for SEs [3.5] to inform the establishment of a new Access Foundation. which subsequently distributed £36m [5.9]. The National Council for Voluntary Organisations also used this research in their 2016 report, Understanding the need to take on Investment. Lyon was invited to brief Big Society Capital staff and participate in round-table discussions on the role of subsidy in social investment (2017 and 2018), and led an evidence collating panel for the high-profile Adebowale Commission on Social Investment in 2020 [5.10].

A variety of providers of advisory services, mentoring and financial support have used Middlesex University research to improve the design of their services for social enterprise growth and to promote wider socially inclusive development. The School for Social Entrepreneurs, commissioned CEEDR to evaluate their programmes. Results here were used in the 2016 evaluation report to refine their services for 1,000 people per year, embedding the learning in their ongoing programmes. Power to Change Trust, a £150m National Lottery funded programme where Lyon served on the research advisory panel from 2016-2020, improved their support provision based on the findings of research commissioned from CEEDR. Power to Change stated that as a result of this research (led by Stumbitz) on Health and Social Care Community Businesses: “we’ve launched a Community of Practice [in health and social care] and are investing in this area ourselves. It’s important to have better evidence of both the contribution community businesses can make, and the barriers that hold back growth in the sector” [5.11].

5. Sources to corroborate the impact

5.1 SEUK (2019) Public Service Mutuals: State of The Sector 2019 (London: Department for Digital, Culture, Media & Sport), demonstrating the use of CEEDR research to design the survey and provide evidence to policy makers.

5.2 Factual statement from Head of Mutuals, Government Inclusive Economy Unit (24/10/18), the senior policy maker leading the Mutual Support Programme. This sets out how CEEDR’s findings influenced consultation on defining mutuals and fed into the spending review process.

5.3 Social Enterprise: Market Trends 2017 which uses CEEDR research to develop new measures of the number and scale of different types of social enterprise.

5.4 European Commission (2016) Social enterprises and their eco-systems: developments in Europe. As a recognised expert on UK social enterprise policy, Lyon was invited to be a member of the Advisory Board to the European Commission (acknowledged here) and provided guidance to member states on effective policy support for social enterprises.

5.5 Calvo, S., Lyon, F., Morales, A., Wade, J. (2020) Educating at scale for sustainable development and social enterprise growth: the impact of online learning and a massive open online course (MOOC). Sustainability 12(8), 3247. https://doi.org/10.3390/su12083247. Peer reviewed evaluation of social enterprise MOOC.

5.6 Pybus, J. (April 2020) How online training is revolutionising social enterprise start-up support in Pioneers Post (a leading social enterprise industry magazine), referring to Middlesex research and providing examples of how course participants used this to build connections and grow their businesses.

5.7 Partners Final Report Form, Partnership: KTP009014 (2015) ( confidential report provided). Middlesex research used by the social enterprise (HCCT) through KTP to enact strategic change https://info.ktponline.org.uk/action/details/partnership.aspx?id=9014

5.8 Factual statement from AESOP Chief Executive on its use of CEEDR research to develop social enterprise models for delivering health services, particularly in relation to its Dance to Health initiative Dance to health: Evaluation of the Pilot Programme

5.9 David Floyd (Social Spider), Dan Gregory (Common Capital), Nikki Wilson After the Gold Rush – The Report of the Alternative Commission on Social Investment (2015) CEEDR research (p.11) led to recommendations for changing social investment which resulted in the establishment of the Access Fund to address the issues raised.

5.10 National Council for Voluntary Organisations, 2016, Understanding The Capacity And Need To Take On Investment Within The Social Sector – Report For Big Society Capital (in which Lyon and Baldock research referred to 9 times) and Research panel for the Adebowale Commission on Social Investment, led by Fergus Lyon.

5.11 PTC Head of Research quoted in relation to impact of MU/SEUK authored report (2018) The role of community businesses in providing health and wellbeing services: Challenges, opportunities and support needs

Submitting institution
Middlesex University
Unit of assessment
17 - Business and Management Studies
Summary impact type
Societal
Is this case study continued from a case study submitted in 2014?
No

1. Summary of the impact

Middlesex University Business School’s research into workplace exploitation led by Clark, produced robust evidence on the scale of the issue of the non-payment of wages by employers, amounting to £3.1 billion annually. Use of these findings by organisations seeking to advance the interests of vulnerable workers initiated widespread political and media discussion of this previously ignored issue. This impacted political debate through Early Day Motions and parliamentary questions and the work of the Director of Labour Market Enforcement (DLME), and stimulated further policy-oriented research. Findings directly impacted government employment rights policy through the ‘Good Work Plan’, specifically in relation to: (1) enforcement of entitlement to holiday pay for vulnerable workers; (2) improvements to payslip entitlement and information provision on payslips; and (3) greater effort to pursue directors evading employment obligations. This improved enforcement of entitlement to unpaid wages directly benefitted over 2 million of Britain’s lowest paid workers.

2. Underpinning research

Non-payment of wages was scarcely researched in Britain when this research project began. A programme of research undertaken in the Business School at Middlesex since 2005 focused upon the challenges of effective regulation in low paid sectors of the labour market. This included work by Croucher on enforcing the National Minimum Wage (NMW) commissioned by the Low Pay Commission and its impact on low paying sectors [3.1], research by James on supply chain regulation [3.2], and by Blitz on migrant workers in the shadow economy [3.3].

Findings here demonstrated the particular challenges faced by vulnerable workers in low paid and informal working and the necessity for effective enforcement alongside mandatory regulation. Croucher’s work successfully argued for increased recognition of the right to NMW, and via work with the Low Pay Commission, contributed directly to the introduction of tougher enforcement and penalties where underpayment took place. Clark’s previous work (at the Working Lives Research Institute, London Metropolitan University) analysed the regulation of labour market intermediaries in relation to labour trafficking and similarly identified the need for stronger enforcement regimes. The development of research into the non-payment of workers adopted the approach developed in the NMW project of combining scholarly publication with efforts to influence policy and practice more directly. In 2015, Clark successfully gained funding from the Trust for London for a two-year project on Unpaid Britain. As PI on this project, Clark combined academic research skills with a background in trade unionism, which included expertise in providing advice and advocacy to low-paid workers and experience as a member of the original Board of the Gangmasters and Labour Abuse Authority (GLAA).

Unpaid Britain combined secondary analysis of labour market statistics, archival research of Employment Tribunal judgments and documents at Companies House, with semi-structured interviews, and case studies. The research was guided by an invited expert Project Advisory Group (PAG) including academics Professor Bridget Anderson (University of Oxford) and Professor Phil James (Middlesex), and participants drawn from the GLAA, trade unions (Unite and GMB), NGOs and providers of legal advice providers (e.g. Citizens’ Advice Bureau and Thompsons Solicitors).

The principal findings of the Unpaid Britain report [3.4] included:

  1. An estimation of the scale of unpaid wages in the economy each year of £3.1bn, comprising £1.3bn of unpaid wages and £1.8bn of unpaid holiday pay; a scale of ‘wage theft’ far greater than previously thought. At least 2 million workers faced underpayment in the UK each year;

  2. 1 in 12 workers received no payslip and a major growth in the provision of electronic payslips had given rise to further complications for many low paid workers;

  3. Some employers adopted methods to achieve underpayment which included: the misclassification of workers as self-employed; unpaid periods at the beginning or end of shifts; under-counting of hours; non-payment of holidays; delayed payments; unlawful deductions from pay; pretended ignorance of regulations; and cessation of pay, either deliberately or inadvertently, around impending insolvency;

  4. Owners and directors rarely faced investigation and a pattern of repeat offences by certain employers was evident. This included companies being wound up and relaunched under new names (‘phoenixing’), and litigation and contractual strategies to evade paying wages in full;

  5. Failure to enforce the recovery of unpaid sums and an effective lack of enforcement with regard to unpaid holiday pay. National Minimum Wage (NMW) arrears when detected often took years to be paid and only 52% of awards won by workers via Employment Tribunals were paid in full;

  6. A lack of clarity over which state enforcement bodies enforced the non-payment of wages. For the non-payment of holiday pay, this led to existing state enforcement bodies neglecting this issue and failing to act in an integrated manner;

  7. Young workers in particular were poorly informed of their rights or how to enforce them.

The report made a number of recommendations. These included: improved enforcement against non-payment of holiday pay and the non-provision of payslips and the introduction of deterrent policies; providing improved access to advice and advocacy particularly for low paid and vulnerable workers; creating stronger measures to recover unpaid sums; introducing tougher sanctions against company directors and the use of “phoenixing” where employment obligations are purposefully evaded; increasing training in employment rights for students; and ensuring that existing state enforcement bodies took responsibility for paying workers identified NMW arrears and collecting them from the employer.

Subsequent work developed the analysis of the challenges of enforcement and wage recovery in more detail, including further work identifying the different business models pursued by employers based on the non-compliance of workers’ rights [3.5]. Further research examined employment issues of young people in full-time study, with results from a pilot study demonstrating the long hours being worked by commuter students and their lack of awareness of basic employment rights [3.6].

3. References to the research

[3.1] Croucher, R and White, G. (2007) Enforcing a national minimum wage: the British case. Policy Studies, 28(2): 145-161. https://doi.org/10.1080/01442870701309080

[3.2] James, P., Johnstone, R., Quinlan, M. and Walters, D. (2007) Regulating supply chains to improve health and safety, Industrial Law Journal, 36(2): 163-187. Doi: 10.1093/indlaw/dwm002

[3.3] Blitz, B. (2014) Migration and Freedom: Mobility, Citizenship and Exclusion. Cheltenham: Edward Elgar Publishing ISBN 9781783477869. Doi: 10.4337/9781781955840.

[3.4] Clark, N. and Herman, E. (2017), Unpaid Britain: wage default in the British labour market. Middlesex University/Trust for London.

https://unpaidbritain.org/2017/11/30/unpaid-britain-wage-default-in-the-british-labour-market/ This report was subject to a process of full independent review led by the Project Advisory Group appointed for this project.

[3.5] Clark, N. (2020) Unpaid Britain: Challenges of enforcement and wage recovery, in, L. Vosko et al (eds) Closing the Employment Standards Enforcement Gap: Improving Protections for People in Precarious Jobs. Toronto: University of Toronto Press, pp.201-220. ISBN 9781487506391.

[3.6] Clark, N, Yilmaz Keles, J., Stumbitz, B. and Woodcock, J. (2020) Newham Working Student summary report. Middlesex University. https://doi.org/10.22023/mdx.12937253.v1.

Key funding:

Award to: Nick Clark; Title: Unpaid Britain; Awarded by Trust for London: (Ref.: MAIN-S2-28.05.15-6378 (6617)); Dates: 2015-2017; Value: £46,000.

Award to: Nick Clark: Title: Unpaid Britain Student Worker pilot. Awarded by Research England (Strategic Priorities Fund). Date: 2020: Value: £7,900.

4. Details of the impact

Raising public debate on unpaid wages

At the time the research was funded, the issue of unpaid wages had been almost totally neglected in employment research within the UK. The final project report was launched at a major conference in November 2017, with over 100 non-academics attending including employers, trade unions, professional associations, regulators, journalists and, lawyers and an address from the UK Director of Labour Market Enforcement (DLME). Further dissemination took place through presentation of findings to the DLME, the Department of Business Energy and Industrial Strategy (BEIS) Labour Market Directorate, the Employment Law Advisors Network and sectoral committees of the union Unite. A widely read project blog ( www.unpaidbritain.org) launched in 2017, which included practical advice for workers seeking to recover unpaid wages, continued to receive an average 60 views per day in 2020.

The increased public interest in working practices following the publication of the Taylor Review in 2017, resulted in the Unpaid Britain report receiving widespread media coverage, including detailed reports by The Guardian of both interim and final reports. Public discussion of the issues raised by the report led to the tabling of an Early Day Motion (EDM 670, Dec 2017), signed by 73 MPs. This stated: “ That this House notes with deep concern the findings of the recent research report by Middlesex University Business School, Unpaid Britain: wage default in the British labour market, that at least two million workers experience non-payment of wages or holiday pay each year”, and called for stronger enforcement on this issue [5.1]. The report led to Parliamentary Questions put by the Leader of the Green Party on 20th December 2017, and was directly cited in support of a private members’ Bill in a letter to the Chancellor of the Exchequer on 26 October 2018 [5.2]. Clark was also an advisor to Channel 4’s Dispatches investigation into labour exploitation involving room cleaners working in Premier Inns, with the resulting television programme watched by over 2 million viewers.

The originality of the insights of the Unpaid Britain research directly generated further research on this previously neglected topic. For example, the NGO Latin American Women’s Rights investigation of Latin American migrant women in cleaning, hospitality, and domestic work, drew on the Unpaid Britain report to produce findings on non-wage payment [5.3]. Two novel indicators of abuse used in the Unpaid Britain project - the proportion of Labour Force Survey respondents reporting no “paid holiday” entitlement, and the proportion of Family Resource Survey respondents reporting not being given a payslip – were directly incorporated into further BEIS commissioned research in 2019 [5.4], as well as the Resolution Foundation’s three-year investigation into workplace enforcement initiated in 2019. The finding that working, full time students were particularly badly treated on issues of wage non-payment, led to further work by Clark and colleagues on this issue [3.6], leading to the launch of a new employment rights service for Middlesex University students in 2021.

The findings of the Unpaid Britain report informed the actions of a range of governmental and non-governmental bodies, nationally and locally. The report’s recommendation for the need to provide more practical advice and advocacy, with a key role for non-governmental bodies on the issue of unpaid wages, informed the Legal Action Group in the launch of their online employment advice service in February 2019 [5.5]. Local impacts were exemplified by the “Weymouth & Portland Action on Wages” group, partly created in response to the report, whose Chair stated: “The report and its findings made a significant impact on those present and shaped an agenda for action on poverty wages in the area” [5.6].

Influencing government policy on employment rights and their enforcement

The enhanced public debate generated on unpaid wages created a context in which the Unpaid Britain findings impacted directly upon government policy and practice, resulting in over 2 million of Britain’s lowest paid workers directly benefitting from improved publicity and enforcement of entitlement to unpaid wages. A House of Commons Environment Audit Committee’s report noted that: “ Researchers from Middlesex University working on the Unpaid Britain project have argued that consequences for non-payment of holiday pay and minimum wage are so weak that they do not present a sufficient deterrent to employers with many continuing to reoffend.” (HC 981, 15 November 2018) [5.7]. Significantly, the Director of UK Labour Market Enforcement (DLME), cited the Unpaid Britain report’s findings in evidence to House of Commons select committees [5.8], as well as in his own 2018/19 enforcement Strategy document. The DLME stated:

One of my tasks as Director of Labour Market Enforcement is to estimate the extent of wage underpayment. The key source on this issue is Clark and Herman (2017)… Clark and Herman’s £3.1 billion [of unpaid wages] is around 4% of their [workers in the bottom three deciles of the wage distribution] wage bill. The £3.1 billion figure is equivalent to around £470 per worker for the 6.6 million workers in the bottom three deciles. One of my recommendations in Strategy 1 published May 2018 was that HMRC or another state body should have responsibility for enforcing holiday pay. This recommendation was accepted (December 2018). Therefore Nick Clark has had a profound impact on the welfare of British workers” [5.9] .

In 2018, the Government produced their “Good Work Plan” [5.10] which responded to the DLME’s recommendations. Here the government committed to a wide range of policy and legislative changes to create an enforcement system ‘fair and fit for purpose’. It included a number of specific recommendations from the Unpaid Britain report, namely: (1) a government plan to enforce entitlement to holiday pay for vulnerable workers; (2) improvements to entitlement to, and additional information on, payslips; and (3) greater effort to pursue directors “phoenixing’ in order to evade employment obligations. As part of the response to vulnerable workers not receiving holiday pay, BEIS led the government’s major public awareness campaign on this issue in 2019, with officials consulting Clark over strategy design. The resulting holiday pay rights campaign included new guidelines, an online entitlement calculator to make it easier for employers and workers to calculate holiday pay, and an emphasis upon the responsibility of businesses to ensure workers receive the correct pay. Throughout the campaign material, Unpaid Britain’s estimate of £1.8bn in unpaid holiday figured centrally, along with a supporting statement by Clark [5.11].

A further key finding of the Unpaid Britain report was the lack of clarity over which state body had responsibility for enforcing the payment of holiday pay, highlighting the lack of integration between existing labour market state enforcement bodies. This directly informed the government announcement of a consultation exercise, which ran between July and October 2019, to examine the possible merging of existing state enforcement bodies into one fully fledged labour market Inspectorate. Proposals to improve enforcement featured in the Queen’s Speech of 14 October 2019 and are currently under development, so as the DLME observed: “Nick Clark may indirectly have also been a catalyst for such an Inspectorate” [5.9].

5. Sources to corroborate the impact

[5.1] Early Day Motion on labour market enforcement (EDM #670) tabled 7th December 2017, citing MU Unpaid Britain research and calling for stronger enforcement.

[5.2] Unpaid Britain results cited in support of an MPs private members’ Bill to end unpaid work trials in a letter to the Chancellor of the Exchequer on 26th October, 2018.

[5.3] Research report (2019) by Latin American Women’s Right Service entitled The Unheard Workforce: Experiences of Latin American migrant women in cleaning, hospitality and domestic work including research into payslip provision and holiday pay informed by findings of Unpaid Britain.

[5.4] BEIS Payslip awareness and worker confidence survey (2019) undertaken by Kantar Public which adopted indicators related to holiday pay drawn from Unpaid Britain study.

[5.5] Legal Action Group’s new online employment advice service launched in February 2019, citing results from Unpaid Britain research.

[5.6] Factual statement from Weymouth and Portland Action on Wages Chair setting out the use of Unpaid Britain work in developing their local campaign Weymouth & Portland Action on Wages.

[5.7] Report produced by the House of Commons Environment Audit Committee on hand car washes (2018) citing findings and recommendations from Unpaid Britain research.

[5.8] Evidence to the Business, Energy and Industrial Strategy and Work and Pensions Committees as part of the Taylor review of modern working practices given by Director of Labour Market Enforcement, 25th October 2017, in which the research findings of the Unpaid Britain research project are cited.

[5.9] Factual statement from the Director of Labour Market Enforcement, stating how the Unpaid Britain research was a key resource for his work and recommendation for enforcing entitlement to holiday pay.

[5.10] Publication of Good Work Plan by BEIS in 17th December 2018 which includes a number of specific recommendations set out previously in the Unpaid Britain project.

[5.11] Example of government campaign urging employers to tackle ‘alarming’ lack of awareness over holiday pay prompted by the Unpaid Britain report and citing its findings.

Submitting institution
Middlesex University
Unit of assessment
17 - Business and Management Studies
Summary impact type
Societal
Is this case study continued from a case study submitted in 2014?
No

1. Summary of the impact

Research findings from Werner on the adoption and implementation of the Living Wage (LW) by employers have shifted debate nationally and internationally with regard to its affordability, the benefits attached to adoption, and good practice in LW implementation. Impact has arisen from campaign organisations in the UK and internationally using these findings to produce a robustly evidenced case with which to engage with employers, national and local governments and practitioner bodies. This has resulted in heightened awareness of the benefits of the LW in public debate and contributed to a significant increase in LW accreditations and workers receiving an uplift in wages in the UK and New Zealand. Multiple impacts upon business practice have been evident, including informing staff development within the Living Wage Foundation, improving a leading benchmarking tool for socially responsible business used by 225 prominent employers to inform and monitor their LW performance, and facilitating the expansion of the Living Wage across the operations of a leading international workplace and facilities management company.

2. Underpinning research

The introduction of a Living Wage (LW) is recognised within public debate as an important mechanism to address problems arising from low wages and rising social inequality, yet how it operates in practice has been poorly served by empirical study. Research at Middlesex University Business School related to this topic initially started in 2005 through a study of the introduction of a National Minimum Wage (NMW), led by Croucher working with Rizov and White (Greenwich), which developed through a series of projects funded by the Low Pay Commission (LPC). Results demonstrated the NMW had only a very limited negative effect on employment rates among young workers [3.1] and a positive impact on productivity [3.2].

Findings into the positive benefits of the NMW were brought together with a stream of research into the ethical and social responsibility of business led by Werner [3.3]. This identified a major research gap in employer’s understanding and adoption of a voluntary Living Wage (LW); the notion that workers should be able to meet their essential needs from the wages they receive without having to work several jobs or rely on state welfare. The growth of low-wage jobs and absence/very low levels of legally binding minimum wages, led civil society organisations in a number of economies (UK, New Zealand, Canada, Ireland, United States) to urge employers to implement a LW rate calculated on ‘basic living costs’. However, the lack of robust research evidence into its impact upon business organisations hindered advancement of this agenda.

In 2014, Werner, working with Dr Ming Lim (University of Liverpool), began a programme of research into the adoption by organisations of the voluntary LW. A critical evaluation of the philosophical, economic and political arguments surrounding the LW was carried out utilising a three-fold conceptual framework comprising sustainability, capability and externality [3.4]. Whereas previous research focused upon economic, worker and social policy perspectives, this research demonstrated the need to study the impacts of the LW at an organisational level. Werner, together with Lim, pursued this through an empirical study funded by the Barrow Cadbury Trust in 2016, which investigated voluntary adoption of the LW in private sector small and medium size enterprises (SMEs) in the UK via the Living Wage Foundation’s (LWF) accreditation scheme. This first piece of systematic organisational LW research focused on SMEs, examined the motivations, benefits, challenges and strategies around LW implementation within SMEs.

Findings from the Putting the Living Wage to Work report [3.5] were developed further via more in depth analysis [3.6] and insights generated from commissioned research for a major international workplace and facilities management company (see 5.10). These demonstrated:

  • employer motivations: SME owners/managers introduction of the Living Wage was motivated primarily within personal ethics and beliefs about fair wages and social justice [3.6]. Findings indicated that whilst SMEs accrue benefits to their reputation and employee morale from Living Wage accreditation, they encountered challenges related to pay structure and incentives.

  • the affordability of adoption of the LW even in SMEs and low wage sectors: more than half of the SMEs surveyed already paid the Living Wage rate, or above, to all or most of their staff prior to accreditation. This illustrated that many SMEs would find it easy to gain LW accreditation, particularly if they chose to incorporate the LW into their business model from their inception.

  • the benefits of LW adoption: the major benefits of LW adoption in SMEs were its positive impact upon the company’s brand reputation and market positioning (72%), and manager/organisation-employee relations (60%), including fewer employee disputes. Employee morale, productivity and motivation, as well as lower employee turnover (and resulting lower recruitment and training costs) were other frequently identified benefits, as was the ability to attract high quality staff, and the satisfaction of knowing that their staff were paid a fair wage rate. Benefits for employees included the ability to; keep up with the cost of living, have money available for extra or higher quality purchases, save money for the future, financially support their wider family, invest in their education, and have more leisure time available through reducing their work hours.

  • good practice with regard to LW implementation: benefits of LW adoption differed according to company type. To maximise benefits, SMEs needed to adopt different implementation strategies for the LW within their organisation. Appropriate strategies depended on factors including whether the LW was linked to the skills of the company’s core employees and the offer of a high-quality service to clients, or whether the LW was used as a marketing and reputational tool as part of the company’s wider social responsibility strategy. Results showed the need for companies to plan for future increases of the LW rate and make a considered decision as to how LW adoption might affect pay structure and differentials. Clear external and internal communication strategies were needed, the latter being particularly important if LW implementation led to organisational changes. For employees, LW implementation required careful communication where it led to changes to pay structures to avoid workforce demoralisation, and comprised part of a holistic range of measures designed to ensure employee satisfaction and well-being.

3. References to the research

3.1 Croucher, R and White, G. (2011) The impact of the minimum wages on the youth labour market: an international literature review: report to the Low Pay Commission. The Low Pay Commission, London. https://eprints.mdx.ac.uk/id/eprint/7530

3.2 Rizov, M, Croucher, R, and Lange, T. (2016) The UK national minimum wage’s impact on productivity, British Journal of Management, 27(4): 819-835. ISSN 1045-3172 (doi: 10.1111/1467-8551.12171)

3.3 Webley, S., and Werner, A. (2008) ‘Corporate Codes of Ethics: Necessary but not Sufficient’, Business Ethics: A European Review 17(4), 593-603. ISSN 0962-8770 doi:10.1111/

j.1467-8608.2008.00543.x.

3.4 Werner, A. and Lim, M. (2016a). ‘The ethics of the Living Wage: A review and research agenda’, Journal of Business Ethics 137 (3), 433-447.ISSN 0167-4544 doi:10.1007/s10551-015-2562-z

3.5 Werner, A. and Lim, M. (2016b). Putting the Living Wage to work: Strategies and practices in small and medium sized enterprises (SMEs). Project Report. Barrow Cadbury Trust / Middlesex University. doi: 10.13140/RG.2.2.23078.52801

3.6 Werner, A. and Lim, M. (2017). ‘A New Living Contract? Cases in the Implementation of the Living Wage by British SME Retailers’, Employee Relations 39 (6), 850-862. ISSN 0142-5455 doi 10.1108/ER-07-2017-0150

Funding awarded:

  • Award to: Richard Croucher and Geoff White The Impact of minimum wages on the youth labour market: an international literature review Awarded by: Low Pay Commission; 2010-11; £20,000.

  • Award to: Marian Rizov and Richard Croucher The impact of the UK national minimum wage on productivity by low-paying sectors and firm-size groups. Awarded by: Low Pay Commission; 2010-11; £20,000.

  • Award to: Andrea Werner and Ming Lim The Living Wage in Small and Medium-Sized Enterprises Awarded by: Barrow Cadbury Trust; 2016; £29,400.

  • Award to: Andrea Werner Assessing the value and impact of the Living Wage: a case study on sub-contracted cleaning staff Awarded by: ISS Facility Services; 2017-2018; £5,000.

4. Details of the impact

Results from this programme of research have been utilised by campaign groups, business organisation, think-tanks and government bodies to influence national and international public debate concerning the costs, benefits and implementation of the minimum wage and LW. The conceptual framework, findings and recommendations of the LW research [3.4; 3.5; 3.6] were disseminated by Werner through numerous public talks and workshop sessions with varied stakeholders including local councils, local business leaders, and campaigning bodies such as the Living Wage Foundation (LWF), which together enabled this work to reach a wide audience.

The principal pathway to impact comprised a range of campaigning organisations, in the UK and internationally, making extensive use of these research results to promote the LW. This led directly to the increased uptake of the LW by employers with its subsequent impact upon employee earnings, and influenced the agendas, actions and policies of other bodies including national and local governments. Campaign organisations routinely used findings from the Putting the Living Wage to Work report [3.5], to substantiate the affordability of the LW, including to small businesses and low-wage sectors, alongside the wider business benefits [5.1]. This enabled them to present a strong business case for adoption by a wide range of employers. It also encouraged governments and other societal actors to engage with and promote the LW in a meaningful manner, as exemplified by the use of findings on the positive effects of LW accreditation to business’ brand and corporate image within a debate on the LW in the House of Commons by the Parliamentary Under-Secretary of State for Business, Energy and Industrial Strategy [5.2].

Campaign organisations in New Zealand, the UK, Scotland, and Ireland have all emphasised the importance of this empirical research in strengthening the evidence base for their campaigns to achieve significantly improved outcomes. The Living Wage Movement Aotearoa New Zealand stated: “providing evidence-based arguments has been key to gaining credibility for our Movement… International practice and research, such as Dr Werner and Dr Lim’s work, has supported and inspired us so we are eternally grateful for the work done elsewhere in the world, especially in the UK” [5.3]. The national LWF in the UK widely used these research findings, especially to engage with smaller businesses, local authorities and other anchor bodies that represent local SMEs. A senior manager [5.4] explained the crucial value of “having dedicated research for SMEs on the tangible benefits and real case studies….to demonstrate how [the LW] is possible and important in practise”, and that the research enabled the organisation to engage specifically with SME audiences, “busting any myth that the LW is only achievable/beneficial for the largest employers”.

The Scottish branch of the LWF incorporated key findings on the affordability, benefits and implementation of the LW into their Employer Guide and a HR director’s briefing, used for outreach to employers. The director of LW Scotland observed: “Of particular value has been Dr Werner’s recommendation to implement the Living Wage strategically into business’ pay structure,,,, Currently, 91% of employers in Scotland who become accredited remain so, but one of the top reasons for withdrawal is shrinking of differentials and inability to keep pace with the annual increase. We have included her recommendation in our Employer Guide to Accreditation. We have now accredited over 1,000 SMEs (around 60% of our network) and we are grateful to... her research… as this has helped us to be confident in the way we reach out to SMEs” [5.5].

The process of LWF outreach to employers incorporating Werner’s findings led to a substantial increase in uptake of LW accreditation among SMEs within the UK. In the three years after the report’s publication (2017-2019), 2,326 SMEs adopted the LW in the UK; a significantly higher sign-up rate than the 1,045 accreditations in the three years prior. The number of employees whose pay was uplifted as a result of LW accreditation also more than doubled, from 6,232 (2014-2016), to 13,964 (2017-2019) [5.4].

In New Zealand, the LW campaign organisation Living Wage Aotearoa New Zealand used Werner and Lim’s findings on the affordability of the LW and specifically the use of public sector institutions as lead adopters of the LWF through the procurement process, in a key report that demonstrated how the government could pay a LW in NZ [5.6]: “The evidence in the report was a key plank in [the LW Movement’s] campaign to secure commitment from candidates in the 2017 General Election to a Living Wage. Due to a change of government we were successful and now are proud to have all directly paid workers in the core public service on a minimum of the Living Wage” [5.3]. This change resulted in 2,048 workers benefitting from an average uplift of $3,500 per worker, at a total cost of $7.23 million, with further positive spill-over effects on LW adoption in the private sector expected.

Among other campaign groups that used the report’s findings was the UK-based Child Poverty Action Group (CPAG), which encouraged London Authorities to LW adoption by including the ‘business case’ for SMEs in their Guide to Local Authorities published in 2017 [5.7]. One direct outcome of this was the London Borough of Newham becoming LW accredited in 2018, citing CPAG in its decision.

In the Republic of Ireland, Social Justice Ireland (SJI), a main promoter of the LW in Ireland, utilised evidence from Werner and Lim in developing their recommendation to tackle low pay through payment of the LW [5.8]. The SJI report on tackling poverty and unemployment in the EU was presented at a United Nations Expert Group Meeting, leading to support for the LW being adopted as a key policy recommendation by the UN Department of Economic and Social Affairs (DESA).

Beyond the influential use of Werner’s research evidence by campaign organisations, findings have impacted upon the organisational development of the LWF and wider corporate practice. Werner’s close working relationship with the LWF involved providing training workshops to promote staff development and build team capacity, via developing their understanding of the potential benefits of the LW and aid communication with employers: “Werner’s research is part of the Living Wage Foundation’s curriculum as part of initial internal inductions/trainings…so this aspect of the LW is acknowledged and understood. This enables team members to have the confidence to authentically demonstrate that paying the real Living Wage is, and has been evidenced, for SMEs” [5.4].

Employer good practice related to the LW has made use of Werner’s research findings in the process of updating the leading benchmarking tool Responsible 100. This tool is used by major firms to improve their socially responsible business practice through reduced organisational risk, enhanced reputation and improved performance. Werner’s invited participation in an expert roundtable in 2017 led to the production of a “ revised and improved Living Wage scorecard”. Based on Werner’s research, this extended the LW component of this benchmarking tool and identified appropriate criteria and scoring in relation to organisations’ need to plan for LW increases, pay policies in relation to interns and apprentices, and LW communication [5.9]. The updated Responsible 100 benchmarking tool has been adopted for use by 225 employers comprising 82 corporations (including 13 FTSE 100 companies) and large businesses, 11 SMEs and start-ups, 24 investors, and 108 NGOs. The benchmark criteria are also available online, enabling other organisations to engage in robust self-assessment.

In 2017, Werner was commissioned by ISS an internationally leading workplace and facilities management company with 470,000 employees worldwide serving more than 60,000 customers, to research the impact of implementation of the LW upon their employees and their organisation. The company subsequently used Werner’s research to extend its “organisational commitment to the LW and demonstrate the societal impact - with the objective of expanding our application of the LW and securing the appropriate funding” [5.10]. The company used the report - in particular the powerful stories shared by employees in the research - to evidence how the LW makes a tangible difference to employees’ lives when in dialogue with customers and potential customers to negotiate new contracts. The company also used the report‘s recommendations as to how the LW should be implemented to maximise its benefits, and its insight that pay was not the only contributor to employee well-being and satisfaction in the workplace, and that flexibility in shift patterns and hours and educational opportunities for employees were important too.

5. Sources to corroborate the impact

[5.1] New Research To Support The Business Case For Paying The Living Wage In SMEs

demonstrating the use of findings from Werner and Lim’s Putting the Living Wage to Work’ report by campaigning organisations, here in relation to Living Wage Week in 2016.

[5.2] House of Commons Living Wage Debate (3 Nov 2016) in which Parliamentary Under-Secretary of State for Business, Energy and Industrial Strategy (BEIS) cited MU research results with regard to the positive effects of LW accreditation in business’ brand and corporate image.

[5.3] Factual statement from Living Wage Movement Aotearoa New Zealand (LWMANZ) confirming MU research was a key piece of evidence they used to lobby political parties in the General Election in 2017, leading to implementation of the LW in core public services by the new Labour Government.

[5.4] Factual statement from a Senior Manager in the Living Wage Foundation (UK, London) setting out the wide-ranging use that LWF made of the findings of Werner and Lim’s Putting the Living Wage to Work report across their work and the positive benefits that flowed from this, including figures on accredited SMEs and uplifted employees.

[5.5] Factual statement from project manager of Living Wage Scotland demonstrating their extensive use of the findings of Werner’s research in outreach activities to business, including in their Employer Guide and HR director’s briefing in advising business on the affordability, benefits and strategic use of the LW.

[5.6] MacLennnan, C. (2017) Paying a Living Wage in Aotearoa New Zealand in 2107 – How the Government Can Do It cites evidence from the Putting the Living Wage to Work report (pp.54-55) to demonstrate that paying a Living Wage was beneficial to employers as well as to employees.

[5.7] Child Poverty Action Group (2017) Moving to the London Living Wage: A Guide for Local Authorities in London incorporating findings from the Putting the Living Wage to Work report regarding the business case for SMEs in encouraging authorities towards LW adoption.

[5.8] Social Justice Ireland (2017) Europe: The Excluded Suffer while Europe Stagnates which uses Werner and Lim’s findings in developing a recommendation to tackle low pay by supporting the Living Wage concept (recommendation 4; p.96).

[5.9] Factual statement from Director of Profit Through Ethics, who led the development of the Responsible 100 management tool. This shows how Werner’s research improved the Living Wage benchmark component of this tool and led to the production of a revised LW scorecard, notably in relation to organisational planning, pay policies and communication.

[5.10] Factual statement from ISS providing evidence how Werner’s research for this workplace and facilities management company impacted upon business strategy/practice and enhanced its ability to promote the LW to its clients.

Submitting institution
Middlesex University
Unit of assessment
17 - Business and Management Studies
Summary impact type
Societal
Is this case study continued from a case study submitted in 2014?
No

1. Summary of the impact

Middlesex University (MU) research led by Stumbitz, Miles and Lewis addressed knowledge scarcity related to maternity protection (MP) and sexual and reproductive health (SRH) rights, particularly within small and medium-sized enterprises and informal economy workplaces in low and middle-income countries (LMICs) in the Global South. Cumulative findings from nine projects yielded significant impacts through: (a) shaping advocacy messages of key international actors including via the International Labour Organisation (ILO), World Health Organisation (WHO), United Nations (UN) and WABA (World Alliance for Breastfeeding Action) in relation to MP and breastfeeding at work; (b) influencing national policy and implementation of MP/SRH workplace strategies in Ghana, South Africa and Malaysia; and (c) improving workplace practice by building stakeholder capacity and developing firm-level responses.

2. Underpinning research

The UN Sustainable Development Goals (SDGs) increased exponentially the global policy salience of reproduction and employment issues. Reported impacts resulted from a research programme addressing maternity protection (MP) and sexual and reproductive health (SRH) rights at work. Research led by Lewis, Stumbitz and Miles and supported by Lyon and Freeman, comprised nine projects supported via funding from the International Labour Organization (ILO), the United Nations (UN), the World Health Organization (WHO), British Academy and British Council, to a total of £341,000. MP here refers to work advancing workplace support for women workers during pregnancy and upon their return to work. Research addressing the SRH of migrant workers concerns reproductive conditions, including sexually transmitted diseases and requirements for contraception and abortion. An estimated 800 million women globally are unprotected in terms of MP and SRH rights, with severe negative implications for maternal and infant mortality and morbidity, as well as for sustainable development.

Located within the Business School’s Gender & Diversity Research Cluster, this research built upon Lewis’ pioneering cross-national research on work and family over 20 years. This identified the importance of national context, workplace culture and informal practices in developing supports and protections. In 2013, the ILO commissioned Lewis, Stumbitz and Miles, to undertake an international literature review on MP in SMEs [3.1; 3.2]. The review identified substantial gaps in knowledge on MP and SRH rights, particularly with respect to SMEs, the informal economy, and LMICs in the Global South; a finding particularly significant given SMEs account for 95% of global businesses and the large proportion of informal economic working in LMICs. Subsequently, funding was secured for a series of research projects addressing these knowledge gaps and practice challenges across the interrelated strands of MP (led by Stumbitz) and SRH (led by Miles).

Research at international, selected country (Ghana, Malaysia, South Africa, Burkina Faso, Paraguay, Montenegro, and Vietnam) and firm level, produced the following key findings:

MP and SRH workplace rights do not harm SMEs and informal economy businesses [ Projects 1, 2]. Contrary to widespread perceptions, MU research confirmed that MP can be affordable to SMEs and in many cases provide substantial firm-level benefits. These comprise reduced staff absence and turnover, enhanced employee satisfaction and commitment associated with reciprocal improvements in performance and productivity, and broader societal benefits, including improved maternal and child health and wellbeing. Initially revealed by the ILO review [3.1; 3.2], findings were further evidenced in an ILO-funded study (Stumbitz, Lyon, Lewis) on MP at work in Ghana [3.3], which demonstrated the feasibility and affordability of low-cost supports (e.g. breastfeeding and informal childcare support) in informal, highly resource-scarce, working contexts in the Global South.

Diverse, context-sensitive approaches are required for effective implementation at national level [All projects].* MU research in Ghana [3.3], Malaysia [3.4; 3.5] and South Africa (research collaboration with Jaga from the University of Cape Town on breastfeeding support at work) [3.6] demonstrated how attitudes towards MP and SRH were rooted in specific cultural, political and economic histories differing between and within countries. Neglect of contextual specificities in implementation processes resulted in resistance and unsuccessful MP outcomes; a finding evidenced through country case studies (Burkina Faso, Paraguay, Montenegro, Vietnam) conducted as part of the WHO/UNICEF-funded MU project [5.5].

Absence of integrated stakeholder working [All projects].* ‘Silo’ working by stakeholders had a negative effect on successful responses to MP/SRH issues within businesses and at the broader inter/national level. For example, whilst breastfeeding is often treated as primarily a health issue, our research illustrated the need for multiple stakeholders working across health, employment and family policy and practice, to achieve required outcomes. Subsequent action research projects in Malaysia and South Africa demonstrated the feasibility of a multiple stakeholder approach, addressing challenges of capacity-building for partnership working at country and local levels.

Lack of awareness of employees’ rights and employers’ duties [All projects].* Designation of maternity and SRH as a ‘private’ issue resulted in a reduced emphasis on women’s rights and responsibilities within the workplace [3.3; 3.4; 3.5, 3.6]. Results showed this acted as a barrier to firm-level support within studies in Ghana, Malaysia and South Africa, and confirmed the potential of awareness raising strategies tailored to the characteristics of specific workplaces, for example community theatre in informal economy workplaces in rural Ghana [3.3]. Successful awareness raising of women’s workplace rights required interventions sensitive to local circumstances, including literacy levels, urban/rural differences and cultural expectations of the roles of mothers and fathers.

3. References to the research

3.1 Lewis S., Stumbitz B., Miles L. & Rouse J. (2014). Maternity Protection in SMEs: An International Review (ILO, Geneva).

3.2 Stumbitz B., Lewis S. and Rouse J. (2018). Maternity management in SMEs: a transdisciplinary review and research agenda. International Journal of Management Reviews, 20(2): 500-522. https://doi.org/10.1111/ijmr.12143

3.3 Stumbitz B., Lewis S., Kyei A.A. and Lyon F. (2018). Maternity protection in formal and informal economy workplaces: The case of Ghana. World Development, 110: 373-384. https://doi.org/10.1016/j.worlddev.2018.06.007

3.4 Miles L. (2016) The social relations approach: empowerment and women factory workers in Malaysia. Economic and Industrial Democracy, 37(1): 3-22. DOI: 10.1177/0143831X14533734

3.5 Miles L., Lewis S.., Wan Teng L. & Mat Yasin S. (2019). Advocacy for women migrant workers in Malaysia through an Intersectionality Lens. Journal of Industrial Relations, 61(5): 682-703. https://doi.org/10.1177/0022185618814580

3.6 Stumbitz B. & Jaga A. (2020). A Southern encounter: Maternal body work and low-income

mothers in South Africa. Gender, Work & Organization, 27(6):1485-1500. https://doi.org/10.1111/gwao.12527

Selected funded research projects (from total of 9 projects: £341,000):**

  1. Lewis, S., Stumbitz, B., & Miles, L. (2013-2014). International literature review on maternity protection in SMEs. International Labour Organization ($10,000).

  2. Stumbitz, B., Lewis, S., Lyon, F. & Kyei, A. (2014-2015). Study on Maternity Protection and Workers with Family Responsibilities in Ghana. International Labour Organization ($44,680).

  3. Miles, L., Lewis, S. & Stumbitz, B. (2015). Advancing Maternity Protection in Malaysia: Meeting Social Welfare and Business Needs and Contributing to Economic Development. British Council/Newton Fund (£45,000).

  4. Jaga, A. & Stumbitz, B. (2017-2019). Advancing workplace support for breastfeeding in South Africa: An economic, health and social development need. University of Cape Town and South African National Research Fund (£45,000).

  5. Endut, N. & Lilian Miles, L. (2017). A Study on the Sexual and Reproductive Health Rights of Women Migrant Workers in Malaysia: NGOs, Capacity Building and Women's Empowerment. United Nations Gender Theme Group (£25,000).

  6. Miles, L. & Freeman, T. (2020). Piloting Health Interventions to advance the Sexual and Reproductive Health of Women Migrant Workers in Malaysia. British Council (£150,000).

4. Details of the impact

MP and SRH rights are typically portrayed as personal and private concerns within LMICs. Global policy interventions are largely restricted to large businesses in the formal economy, bypassing the majority employed within SMEs and the informal economy, and seen as irrelevant to national policy agendas. Our research achieved impact in this challenging context by: (a) shaping advocacy measures of global organizations on MP and breastfeeding at work; (b) influencing the implementation of national MP and SRH strategies; and (c) improving practice through firm-level responses and building stakeholder capacity.

(a) Shaping advocacy measures of global organizations on MP and breastfeeding at work

Engagement with our findings by the ILO, UN, WHO and WABA (World Alliance for Breastfeeding Action), influenced their advocacy on the feasibility of providing MP without harming smaller firms, and the productivity and wider health and social benefits of supporting breastfeeding in the workplace. The MU authored MP report [3.1] remains the only systematic literature review of MP in SMEs and, as an ILO policy specialist observed, “ continues to serve as powerful source of evidence to corroborate the argument of the affordability of low-cost maternity protection measures and potential productivity benefits for employers, including in SMEs” [5.1]. Through shifting perceptions on improved MP at work from business cost to business investment, “MU research has helped to shape ILO’s advocacy messages relating to the need to extend maternity protection to all workplace contexts” [5.1]. WHO [5.2], UNICEF [5.3] and WABA [5.4] have similarly used these findings in their messages and activities to promote MP and breastfeeding support at work.

MU researchers accepted invitations to speak on their findings at global events and policy discussions, subsequently securing contracts as advisors and shaping related advocacy. Stumbitz presented policy recommendations on MP in SMEs and the informal economy at the ILO centenary celebration in 2019. This high-profile event, organised in collaboration with UNICEF, UNWOMEN and WHO, drew a global audience of ILO constituents, EU representatives, senior policy makers, and NGOs, and received global attention through awareness-raising on social media. Stumbitz also represented UNICEF on MP policies and practices globally on its dedicated panel at the 2019 Women Deliver Conference, the world’s largest conference on gender equality.

Through her role as an invited academic advisor to WABA and the Global Breastfeeding Collective (GBC) - the principal global network of MP and breastfeeding advocates, NGOs and international organizations led by WHO/UNICEF - “ Stumbitz’s contributions helped to inform the Collective’s global advocacy focus repositioning breastfeeding as a workplace, gender equality and women’s empowerment issue” [Manager of the GBC: 5.3]. This was reflected in the Collective’s position statement [5.5], which presented case studies from around the world in relation to maternity leave legislation in support of breastfeeding, and included recommendations in relation to the need for context-sensitive implementation and integrated stakeholder working based on MU research findings. Launched at the ILO centenary event in 2019: “the paper initiated discussion on this issue in this global forum and provided it with a heightened profile” [5.3].

Stumbitz contributed to WABA’s work in multiple ways and ensured that: “the challenges of the informal sector are now firmly anchored in WABA’s global breastfeeding agenda” [5.4] and mainstreamed throughout their activities and advocacy messages. Stumbitz was a co-author of WABA’s policy and practice Action Folder in 2019; the key campaigning document for World Breastfeeding Week, organised by WABA. This was published in eight languages, downloaded from the campaign website (which received over 10 million hits) 52,266 times between July-October 2019. It resulted in 788 official pledges for actions to improve breastfeeding support by organizations and government departments from across the world, including from a large proportion of LMICs [5.4].

(b) Influencing the implementation of national MP and SRH policy and workplace strategies

Workplace MP/SRH policy development within Ghana, Malaysia and South Africa has been influenced by our findings on the need for context sensitivity and multiple stakeholder engagement in its implementation. Our recommendation to address the scarcity of MP research in LMICs [3.1] led directly to ILO commissioned report on MP in SMEs and informal economy businesses in Ghana [5.6]. This identified good practice examples and coping strategies and recommendations of culturally specific solutions to MP provisions at work, particularly those of value to small firms in the informal economy. The MP Steering Committee at the Ministry of Employment and Labour Relations in Accra used our recommendations, along with those of other commissioned studies, in the development of their strategy. These recommendations for progressing MP measures informed the drafting of a MP Bill which extended paid maternity leave in Ghana from 12 to 14 weeks [5.1].

MU research commissioned by UN Women in Malaysia (research project 5) demonstrated the national urgency of SRH related issues. Miles and Endut worked with national stakeholders from government ministries (Health; Home Affairs; Women, Family and Community Development), NGOs, public sector organizations and union representatives to identify a range of SRH-related policies and service. MU subsequently undertook participatory policy-making activities with stakeholder representatives to further clarify and prioritise policy priorities at the level of central government, employers and wider society comprising reforms related to: migration policy; epidemiology to inform SRH service planning and provision; employer obligations for SRH; and reducing the impact of discrimination on women migrant workers’ SRH). These recommendations were detailed in a strategy paper [5.7] which informed the drafting of Malaysia’s twelfth national development plan (2021-2025).

In South Africa, where return to work is a major reason for one of the lowest breastfeeding rates at six months in the world, findings from Stumbitz and Jaga (University of Cape Town) have raised public awareness on the issue of breastfeeding in the workplace through widespread media attention, including national radio and television coverage [5.8]. Collaboration of Stumbitz and Jaga with the Western Cape Government (WCG) has led to the co-development of a more context-specific Department of Health policy strategy. As stated by a senior WCG staff member, this now: “recognises breastfeeding as a multidisciplinary challenge which integrates breastfeeding within the Province’s broader […] gender mainstreaming agenda”. Joint efforts have further included the development of a framework for workplace breastfeeding support and testing of potential workplace interventions within Western Cape Government itself [5.9].

(c) Improving workplace practice by building stakeholder capacity and developing firm-level responses

Development and implementation of improved MP and SRH workplace practices in South Africa and Malaysia have actively built capacity through multiple local stakeholder engagement. Alongside employers and women workers, action research in South Africa involved Western Cape government, the South African Clothing and Textiles Workers Union (SACTWU), the South African Medical Research Council. In Malaysia, service development and implementation involved Tenaganita, Reproductive Rights Advocacy Malaysia (RAAM) and the Penang Family Health Development Association (FHDA). Both research streams include train-the-trainer provisions. In Malaysia, for example, 40 women migrant workers were trained as SRH advocates under the ongoing British Council funded research project, to provide guidance and support on SRH practice and further cascade training.

Findings on the affordability of context-sensitive workplace breastfeeding supports have led to the piloting of interventions for low-paid workers in clothing factories in South Africa and the provincial Western Cape Government [5.9]. Initial changes introduced have included the introduction of lactation spaces for staff and the provision of fridges for safe breastmilk storage in all case study factories. In Malaysia, in order to improve institutional responses on the SRH of women migrant workers, Miles worked with NGOs engaged in SRH advocacy to develop the first ‘toolkit’ identifying a range of potential workplace interventions [5.10]. The BC funded project (6) is currently investigating the translation of the toolkit into practice, through evaluation of a number of pilot SRH workplace interventions for women migrant workers, designed and delivered by local NGO actors in a number of factories in Penang.

5. Sources to corroborate the impact

[5.1] Factual statement from ILO policy specialist detailing how MU research shaped ILO’s campaigning messages with respect to MP in SMEs and the informal economy and contributed to an extension of paid maternity leave in Ghana’s MP policy framework.

[5.2] Breastfeeding initiation at birth can help reduce health inequalities, in Entre nous – The European Magazine for Sexual and Reproductive Health (2015); and Good Maternal Nutrition - The best start in life (2016): examples of WHO publications using MU findings that MP support is not a burden for business (including SMEs) and can lead to substantial business benefits.

[5.3] Factual statement from former Manager of the Global Breastfeeding Collective (GBC) at UNICEF on how collaboration with Stumbitz contributed to broadening advocacy messages of the GBC, led by WHO and UNICEF, beyond its previous focus on health.

[5.4] Factual statement from Director of WABA detailing Stumbitz’s input into WABA’s advocacy messages highlighting support for informal sector workers, the global impact of the World Breastfeeding Week Action Folder co-authored by Stumbitz (see Pledge Map) and her role as a reviewer for their Seed Grant Program.

[5.5] GBC position paper Maternity Leave Legislation in Support of Breastfeeding – Case Studies Around the World. (2019) Geneva: WHO and UNICEF, which presents advocacy messages based on the findings of MU research.

[5.6] Stumbitz B, Kyei A, Lewis S. & Lyon, F. (2017) The Legal, Policy and Regulatory Environment Governing Maternity Protection and Workers with Family Responsibilities in the Formal and Informal Economy of Ghana *(*ILO, Geneva). Report with recommendations to improve the MP policy framework within Ghana, particularly in relation to SMEs and the informal economy.

[5.7] Miles, L. & Freeman, T. (2019) Strategy Paper: SDG#5 Access to Sexual and Reproductive Health and Rights (SRHR) and Violence Against Women Migrant Workers Services ( VAWMV) in Malaysia (UNWOMEN) ( confidential report). Recommendations of this report informed the drafting of Malaysia’s twelfth national development plan (2021-2025).

[5.8] ETV news report on breastfeeding in the workplace featuring an interview with research team partner Professor Jaga, presenting findings on the benefits of enabling breast feeding in the workplace as part of World Breastfeeding Week in 2019.

[5.9] Factual statement from Western Cape Government (WCG) Acting Director, Human Development, Policy & Strategy Unit, detailing how collaboration with MU/UCT led to implementation of a holistic multi-stakeholder approach to increase breastfeeding rates and the co-development of a context-specific policy approach and a Workplace Support for Breastfeeding Framework.

[5.10] Miles. L., Lewis, S., Endut, N., Ying, K., Wan Teng, L. & Mat Yasin, S. (2018). A Toolkit to Promote the Sexual and Reproductive Health Rights of Women Migrant Workers in Asia (United Nations Gender Theme Group, Malaysia).

Submitting institution
Middlesex University
Unit of assessment
17 - Business and Management Studies
Summary impact type
Societal
Is this case study continued from a case study submitted in 2014?
Yes

1. Summary of the impact

Research led by Lewis has played a central role in transformation of the protection available to whistleblowers nationally and internationally. In the 2014-20 period this research further raised the public profile of whistleblowing, including via the International Whistleblowing Research Network hosted by Lewis at Middlesex, to produce two areas of impact. First, through changing employer practice on whistleblowing in large public and private sector employers, including the NHS and Irish Garda. Here, the introduction of codes of practice directly drawing on Lewis’ work shifted mechanisms of corporate and organisational accountability in respect of whistleblowing and improved employment protection for millions of workers. Second, evidence-led reshaping of legislation to protect whistleblowers internationally resulted from Lewis’ work, informing the conceptualisation and drafting of whistleblowing law and policy. Notably this included the development of a new EU directive in 2019, covering not only the 27 EU member states of the EU but also influencing legislative development across a wider number of Council of Europe countries.

2. Underpinning research

Prior to the whistleblowing research undertaken at Middlesex University Business School during the 1990s, little scholarly interest had been shown in whistleblower protection. Researchers at Middlesex in the field of employment relations (Lewis, Sargeant) collaborated with staff in the Law School (Barrett, Homewood) initially in relation to employment protection for environmental whistleblowers. With publication of his edited volume Whistleblowing at Work in 2001, Lewis led the development of a body of research published across business ethics, employee relations and law journals, which clarified and defined both the principles on which whistleblowing statutes are founded in different countries, and the essential practical features of whistleblowing policies and procedures. This research has raised understanding of the importance of protection of whistleblowers nationally and internationally, with research findings making major contributions to promoting employer good practice and shaping the development of government legislation and guidelines.

(1) Improving employer practice and understanding whistleblowers

Empirical research into employer practice in relation to whistleblowing began with projects funded by the Employers Organisation for Local Government and the Nuffield Foundation. This focused on public sector whistleblowing procedures and then developed in relation to the practice of FTSE top 250 companies via major surveys funded by the British Academy (2007) and Sai Global (2010).

On the basis of this expertise, in 2014 the UK Department of Health commissioned Lewis to conduct quantitative research for the independent Freedom to Speak Up (FTSU) review of the NHS chaired by Sir Robert Francis. Findings showed defects in existing NHS procedures as regards encouraging whistleblowing and handling reports of wrongdoing and identified preferred mechanisms for both staff and employers in improving practice [1]. A quarter of survey respondents did not know whether or not their employer had a confidential reporting procedure. Where staff were aware of procedures, a lack of trust in the system and fear of victimisation hindered reporting. When concerns were raised, 20% of respondents indicated they were then ignored by management and 17% actively victimised by management. The research evidenced that those who did follow their employer's procedure when raising a concern had better outcomes, and identified measures to make it more likely that workers would raise concerns. These included an ability to raise a concern anonymously, an undertaking by the employer to protect a person’s identity, and the presence of an independent person or organisation to receive information about concerns staff wished to raise; aspects of good practice equally applicable to both public and private sectors.

Further research into institutional frameworks for protecting whistleblowers and responding to their concerns, explored the roles that trade unions might adopt in order to improve responsiveness in the whistleblowing process [2]. This research demonstrated a key role for trade unions in negotiating whistleblowing procedures, advising and representing their members, and raising collective concerns on behalf of the workforce, as well as in ensuring that proven wrongdoing was rectified and whistleblowers did not suffer retaliation. Research from the employee perspective studied the motivation to whistleblow and the impacts on the whistleblower. Findings identified key factors influencing the decision to whistleblow, especially morality and emotion, and the demonstrable effect of perceived negative consequences on the intention to whistleblow. Study of the costs on whistleblowers in terms of their jobs, economic security, physical health and mental well-being, demonstrated negative health effects, and the implications of this for whistleblower protection [3].

(2) Whistleblowing legislation and enforcement

Following initial research from 2001 into the position of whistleblowing in relation to employment and discrimination law within the UK, Lewis pioneered comparative research into statutory provisions for whistleblowing and their effect in Australia, the US and UK (2004), developed further through studies in South Africa (with Uys, 2007) and Norway (with Trygstad, 2009). This research demonstrated how national legislation on disclosure reflected different labour relations systems and democratic values, and the importance of enforcing statutory whistleblowing protection via an accessible legal system. In the UK, Lewis’s comprehensive analysis of the effects of 20 years of legislation showed the limited objectives of the legislation, its restricted personal and material scope, its complex requirements, and inadequate mechanisms for obtaining redress following victimisation.

Research into the relationship between employment law and other civil law jurisdictions clarified the interplay between whistleblowing and defamation. This demonstrated that defamation laws exposed whistleblowers to redress from persons innocently, but falsely, accused of wrongdoing, and argued whistleblowers should have absolute rather than qualified privilege if they made a protected disclosure [4]. Findings highlighted the unique role whistleblowers play in struggles against corruption and labour market abuses, where detection and enforcement are difficult. The lack of an effective labour inspectorate in the UK meant enforcement authorities relied on information about wrongdoing supplied by individual workers, as well as trade unions, competing employers and the public [5].

A critical review of international official guidelines on whistleblowing procedures produced by Lewis and Vandekerckhove (2012) examined the principles on which legislation should be based and what constituted good management practice. Lewis subsequently developed this analysis to set out the case for a specific EU Directive on whistleblowing, showing the value of such a Directive in getting Member States to first base in whistleblowing arrangements and encouraging other countries to do likewise. This also argued that to achieve best practice in legislative provision, Member States would need to go beyond the minimum standards specified in the Directive [6].

3. References to the research

[1] Lewis, D.B., D’Angelo, A. and Clarke, L. (2015) Industrial relations and the management of whistleblowing after the Francis report: what can be learned from the evidence? Industrial Relations Journal, 46(4): 312-327. DOI: 10.1111/irj.12106

[2] Lewis, D.B. and Vandekerckhove, W. (2018) Trade unions and the whistleblowing process in the UK: an opportunity for strategic expansion? Journal of Business Ethics, 148(4):835-845. DOI: 10.1007/s10551-016-3015-z

[3] Lewis, D.B. and Park, H. (2018) The negative effect of external whistleblowing: a study of some key factors. The Social Science Journal. pp. 387-395. DOI: 10.1016/j.soscij.2018.04.002

[4] Lewis, D. (2018) Whistleblowing and the law of defamation: does the law strike a fair balance between the rights of whistleblowers, the media and alleged wrongdoers? Industrial Law Journal, 47(3): 339-364. DOI: 10.1093/indlaw/dwx015

[5] Lewis, D (2019) Labour market enforcement in the 21st century: should whistleblowers have a greater role? Industrial Relations Journal, 50(3):256-276. https://doi.org/10.1111/irj.12251

[6] Lewis, D. (2020) “The EU Directive on the protection of whistleblowers: a missed opportunity to establish international best practices”. EJournal of Comparative and International Labour Studies 9(1): 1-25. http://ejcls.adapt.it/index.php/ejcls_adapt/issue/view/73.

Funding:

(1) £43,778 from the DHSS (Quantitative research for the ‘Freedom to Speak Up’ independent review of whistleblowing in the NHS, 2014).

(2) £14,750 from the UK Nursing and Midwifery Council (Analysis of responses submitted by nurses, midwives and health visitors to the Francis review of whistleblowing in the NHS, 2015).

(3) 10,000 Euros under the PECK 11 scheme from the Council of Europe mission to Kosovo (drafting whistleblowing legislation, 2018).

(4) 10,000 Euros under the AEK-MKD scheme for the Council of Europe project on introducing whistleblowing legislation in North Macedonia, 2020.

4. Details of the impact

Lewis’ research has raised the public profile of the significance of whistleblowing, highlighting the public interest in encouraging whistleblowing and showing that this interest cannot be adequately protected by general employment measures. Dissemination and review of specialist findings via the International Whistleblowing Research Network (IWRN) hosted by Lewis at Middlesex since 2008, has contributed to a new public profile for whistleblowing. The growing IWRN comprised of over 200 researchers, practitioners and policy makers from across the world has encouraged networking and dissemination of research and good practice including via regular conferences (Sarajevo, 2015; Oslo, 2017; Utrecht, 2019). In 2014, Lewis, with colleagues, edited and contributed to the landmark International Whistleblowing Research Handbook [5.1] widely read internationally by policy makers, and practitioners. Middlesex University has also sponsored the Whistleblower of the Year Award since 2013, presented to an individual or organisation in recognition of outstanding achievement in making a disclosure of information in the public interest [5.2]. Winners, selected by a five-person international jury drawn from IWRN, have included whistleblowers from Oxfam, HMRC and the NHS, and have attracted considerable media coverage.

Lewis has been routinely engaged by a range of governmental, non-governmental organisations and political parties to advocate protection for whistleblowers, including involvement in Transparency International and The Green Party’s agenda-setting “Directive” on whistleblowing in 2015, through to advising on the whistleblowing provisions in the Labour Party’s Industrial Relations Bill in 2019 and the All-Party Parliamentary Group on whistleblowing in 2020. His contribution through commissioned studies, professional presentations, and evidence to businesses, governments and other bodies, has provided an evidence base for work towards reform, moving from a relative lack of public and political awareness of whistleblowing principles, policies and benefits to the introduction of corporate and legal initiatives in many countries. Impact has been evident in two areas: changed employer practice towards whistleblowers; and the reshaping of legislation internationally to protect whistleblowers.

Changed employer practice on whistleblowing

The former Chair of the Industrial Law Society states of Lewis that: “ His work has influenced mechanisms of organisational accountability in relation to whistleblowing through the introduction of codes of practice and guidelines that directly draw upon his research findings, which have been especially influential on large public and private sector employers” [5.3]. In 2013, the UK's leading online Human Resources organisation Xpert HR, in seeking evidence-led processes towards reform and innovation related to whistleblowing, commissioned Lewis to produce a widely used, comprehensive “Guide to good practice” and subsequent quarterly updates. This comprehensive good practice guide has been extensively used since by Xpert HR’s customers, which are spread across 45 countries, and employ one in four of the workforce and include one in three FTSE-100 companies in the UK [5.4].

A number of recommendations made by the 2015 Francis FTSU Report incorporated Lewis’ findings on defects in existing NHS whistleblowing procedures. Of the 20 principles identified to create an open and honest report culture in the NHS in the Francis report, six related directly to Lewis’s research findings: principle 3, on culture free from bullying; principle 7 on raising and reporting concerns; principle 8 on investigations; principle 10 on training; principle 11 on support; and principle 19 on primary care [5.5]. For principle 20, on enhancement of legal protection, Lewis advised the report author directly on the failure of the law to protect against discrimination against whistleblowers at the point of hiring. UCL Partners subsequently commissioned Lewis to deliver training workshops (2016-2017) on the implications of the FTSU review, which encouraged human resource practitioners to base their own tailored approaches on underpinning principles and evidence. The principles of the Francis review not only shaped major changes in whistleblowing report culture in the NHS (notably principles 7,8,10,11) - the UK’s largest employer of 1.2m staff - but have been widely drawn on by other organisations across the public and private sectors [5.3]. A subsequent study of published procedures used by the FTSE top 100 firms showed how these principles have been widely applied in these companies [5.6].

In 2016, in response to growing public controversy over the provision of a safe environment for whistleblowing in the Garda Síochána, Lewis was contracted by the Irish Policing Authority to review their policy and procedures for the making of protected disclosures. The review’s recommendations identified changes to ensure compliance with the 2014 Protected Disclosures Act regarding who could make a protected disclosure, how to make a protected disclosure, the role of the protected disclosures manager, and employee safeguards. Following consultation on the review, in November 2016 the Irish Policy Authority published a Report of the policing authority on the Garda Síochána protected disclosures policy. This set out 17 recommendations and led to the Garda’s introduction of an amended policy to cover its 15,000 workforce in 2017 [5.7].

As part of work to embed an overall shift of employment culture internationally, since 2015, Lewis has served as a member of the British Standards Institute working party preparing an international standard on whistleblowing. This ISO standard will be the international benchmark for all whistleblowing policies and is expected to be agreed in 2021.

Reshaping legislation internationally to protect whistleblowers

The whistleblowing model Lewis first proposed in 1995 in relation to the UK of protecting whistleblowers via employment protection rights, has since informed the conceptualisation and drafting of legislation and policy internationally, particularly as countries have recognised the value of whistleblowing legislation in fighting corruption. In 2016 a three-day UNODC anti-corruption mission to Liberia aimed at training judges and senior civil servants across 12 West African countries, engaged Lewis as a whistleblowing expert. The resulting Monrovia Statement on Whistle-blower and Witness Protection in West Africa [5.8], jointly drafted by Lewis, was adopted by all participants to facilitate the establishment of effective whistleblower and witness protection systems within these 12 nation states. In Japan, Lewis provided evidence based on his empirical research and expertise on international best practice to a national committee in 2019, as part of an impact review of their 2005 Whistleblower Protection Act. In Australia, Lewis was adviser on the Griffith University’s Whistle while you work project, funded by the Australian Research Council Linkage scheme, as well as recent legislation providing whistleblowing rights under existing workplace arrangements.

In Europe Lewis has worked with particular European states to develop frameworks for whistleblower protection, particularly with a view to tackling corruption. Following Lewis’ address to a major OECD anti-corruption workshop in Athens in 2017, he was commissioned by the Council of Europe as part of the Project against Economic Crime in Kosovo (PECK) to contribute to drafting a whistleblowing statute, subsequently enacted in Kosovo in 2018 [5.9]. The Council of Europe’s “highly positive experience” of engaging Lewis [5.10] led them to further commission Lewis in 2020 to produce two technical reports in support of action against economic crime in North Macedonia. These reports informed major revisions of existing legislation to enhance the protections provided to whistleblowers in Northern Macedonia. A resulting draft law is currently undergoing Parliamentary review with expected adoption in early 2021 [5.10].

The impact of Lewis’ expertise and advocacy is most notable through his contribution in pushing the EU to adopt a whistleblower protection Directive, overcoming opposition from those who argued there was no legal basis or political will for such a measure. Previously in 2011, in oral and written evidence to the Budgetary Control Committee of the European Parliament, Lewis had urged the introduction of EU-wide whistleblowing measures. In 2017, he was called on as one of two academic experts to advise during the consultation process, including participation in the DG Justice workshop in Brussels shaping the Directive [5.11]. In 2019, Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law, was adopted. Prior to this Directive, there was no EU measure devoted solely to whistleblowing. The Directive draws directly on Lewis’ body of research, which demonstrates the need to set detailed standards for handling concerns, offer wide access to whistleblowing procedures, ensure confidentiality, provide effective deterrents to retaliation, and access to justice. The Directive provides minimum standards for all member states and requires member states to put in place relevant legislation. The Directive was transposed in December 2021, with member states now consulting and drafting national legislation on their whistleblowing practices and procedures. Beyond direct impact on the 446 million population of the 27 EU member states, the Directive will have a further effect on countries wishing to join or trade with the EU. The 47 Council of Europe countries have been formally urged to comply with this Directive, and several have taken steps to do so, including North Macedonia and Kosovo, as advised by Lewis.

5. Sources to corroborate the impact

[5.1] Brown, A.J., Lewis, D., Moberly, R, Vandekerckhove, W. (eds) (2014) International Handbook on Whistleblowing Research. Edward Elgar; Cheltenham. ISBN: 978 1 78100 678 8 : 648 pp.

https://www.e-elgar.com/shop/gbp/international-handbook-on-whistleblowing-research-9781781006788.html ; a comprehensive overview for policy makers and practitioners.

[5.2] https://www.mdx.ac.uk/about-us/what-we-do/faculty-of-professional-and-social-sciences/school-of-law/law-and-politics/uk-whistleblowing-award Whistleblower of the Year Award, awarded in 2014 to a whistleblower from HMRC.

[5.3] Factual statement from former Chair of the Industrial Law Society, corroborating the role of Lewis’ research in shaping corporate codes of practice, contributing to a changed whistleblowing culture in the NHS through the Francis Review, and in preparing the EU whistleblowing Directive.

[5.4] Xpert HR Good Practice Manual on whistleblowing authored by Lewis

https://www.xperthr.co.uk/good-practice-manual/whistleblowing/114370/ and factual statement from Managing Editor of Xpert HR corroborating the commissioning of the good practice whistleblowing manual and its customer base.

[5.5] ‘Freedom to Speak Up’ independent review of whistleblowing in the NHS chaired by Sir Robert Francis QC. http://freedomtospeakup.org.uk/the-report/ Commissioned research directly informing the key principles used to develop a more open and honest report culture in the NHS.

[5.6] Report by Lewis and Boylin (2018) Results of a FTSE top 100 website survey on whistleblowing arrangements. Middlesex University. https://eprints.mdx.ac.uk/31723/

[5.7] Irish Policy Authority Report of the policing authority on the Garda Síochána protected disclosures policy (2016), which resulted in amended Policy/procedures document for the making of protected disclosures (2017)

[5.8] Monrovia Statement on Whistle-blower and Witness Protection in West Africa

Drafted by Lewis and adopted by 12 West African countries in 2016 to facilitate a more effective whistleblower protection programme as outcome of UN mission

[5.9] New Law on the Protection of Whistleblowers in Kosovo (2018) part drafted by Lewis

[5.10] Factual statement from Head of Division at the Council of Europe, demonstrating how Lewis’s two technical papers produced for the Council of Europe North Macedonian whistleblowing legislation project have led an amended draft law including enhance protections for whistleblowers.

[5.11] Directive (EU) 2019/1937 of the European Parliament and of the Council 23 October 2019 on the protection of persons who report breaches of Union law.

Submitting institution
Middlesex University
Unit of assessment
17 - Business and Management Studies
Summary impact type
Societal
Is this case study continued from a case study submitted in 2014?
No

1. Summary of the impact

Outputs from our research proposed replacing existing voluntary approaches to race discrimination in the NHS with a strategy of data-driven accountability and regulatory scrutiny. The resulting large-scale changes throughout England’s largest employer have had impacts on policy and individual staff:

Impact on NHS Policy through:

  • Kline’s highly-influential 2014 report The Snowy White Peaks of the NHS, showing under-representation of Black and Minority Ethnic (BME) NHS staff at senior levels

  • Introduction in 2015 of NHS Workforce Race Equality Standard (WRES) drove sustained, large-scale NHS action on race discrimination – Kline designed the WRES and oversaw its implementation

  • integration of the WRES into Care Quality Commission inspections

Impact, following implementation of the WRES, on BME staff in the NHS through:

  • improved likelihood of being appointed from shortlisting

  • greater number appointed at senior/Board level

  • reduction in the likelihood of disciplinary action

  • adoption of an equality standard by all NHS professional regulators e.g. Nursing and Midwifery Council; General Medical Council

  • action on bullying

2. Underpinning research

From 2005 onwards, a group of staff at Middlesex University Business School developed a programme of research focused upon developing and safeguarding worker rights. Research by James, Croucher and Lewis D, variously into health and safety, the enforcement of the national minimum wage and whistleblowing, demonstrated the shortcomings in voluntary approaches to changing workplace behaviours. It showed instead the need for legislative enforcement in changing workplace behaviours and a role for mandatory requirements to ensure the maintenance of worker rights [3.1]. Related work led by Roper and Lewis S, analysed how voluntary national-level diversity initiatives had been overturned as a result of localised performance management initiatives and financial imperatives, to negatively impact upon NHS diversity management [3.2].

In consideration of alternatives to ineffective voluntary interventions in changing workplace behaviours, one particular approach identified through this body of research was the potential of making greater use of data-driven accountability linked to contractual compulsion and regulatory scrutiny, Kline developed this approach in relation to his analysis of the failure of trade unions and HR services to address challenges facing staff operating in the public sector, specifically within the culture of the NHS (subsequently published as Carter and Kline, 2017) [3.3]. Kline applied the findings of this research to understanding and addressing race discrimination in the NHS, by means of an analysis of discriminatory aspects of NHS recruitment processes. Initially published in an article entitled Discrimination by Appointment in Public World (2013), this research was subsequently developed in greater detail in the highly influential report The Snowy White Peaks of the NHS (Kline 2014) [3.4].

The Snowy White Peaks of the NHS (SWPNHS) examined NHS Trust data on the ethnicity of senior post holders and Board membership in relation to the impact of the previous voluntary Ministerial Race Equality Action Plan (2004), and found little improvement on previous under-representation of ethnic minorities in senior positions. It demonstrated that the proportion of London NHS Trust Board members from a BME background had fallen from 9.6% in 2006 to 8% in 2014, whilst 40% of London’s NHS Trust Boards had no BME members. The proportion of chief executives and chairs from a BME background had also decreased from 5.3% in 2006 to just 2.5% in 2014, and the proportion of senior and very senior BME managers had not increased since 2008. Overall, the likelihood of white staff in London being senior or very senior managers was three times higher than for black and minority ethnic staff. The report’s findings, subsequently expanded via a critical review of international practice, starkly showed the ineffectiveness of the existing voluntary approach to staff development which constituted NHS strategy at this time [3.5]. Instead, a different strategy of data-driven accountability linked to contractual compulsion and regulatory scrutiny for healthcare providers was advanced as a more effective means of challenging longstanding institutional blockages.

Following the widespread attention that the SWPNHS report attracted, Kline was commissioned in 2014 to design a NHS Workforce Race Equality Standard (WRES) as a means to develop such an approach to race equality within the NHS. Building on findings of his report, and in collaboration with colleagues from the Universities of Manchester (Esmail) and Harvard (Priest), a methodology to underpin design of the WRES was developed. From this, Kline and Esmail designed the specific nine metrics to be incorporated into the WRES, launched in 2015, that NHS providers were required to collect, analyse, and enhance, bringing together essential features of the relative treatment of White and BME NHS staff related to their career opportunities and treatment [see 5.2].

Subsequent research by Kline and others has focused upon understanding, evaluating and disseminating interventions on specific aspects of the WRES (Section 4 below). Kline (with Lewis, Duncan) [3.6] published a first ever analysis of the substantial financial cost of bullying and harassment to the NHS in England (which disproportionately impacts BME staff), estimated at £2.3 billion per annum. Kline and Atewologun (2019) were commissioned by the General Medical Council (GMC) to examine the disproportionate referrals of some groups of doctors, notably BME doctors, to the GMC. Results showed the treatment of overseas doctors as “outsiders”. This finding was reflected in flawed induction and integration of such doctors, a pattern of employment of large numbers of such doctors (as specialist and associate doctors, agency staff, and GPs) in challenging environments with little support. and their operation in work environments involving blame rather than learning as the key driver [3.7].

3. References to the research

3.1 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, 36(1): 111-130. http://www.law.illinois.edu/publications/cllpj/arc...

3.2 Roper, I. Etherington, D. and Lewis, S. (2017)," Hollowing out national agreements in the NHS? The case of “Improving Working Lives” under a “Turnaround” plan ", Employee Relations, 39(2):145-159. http://dx.doi.org/10.1108/ER-05-2015-0092.

3.3 Carter, R. and Kline, R. (2017) The crisis of public sector trade unionism: Evidence from the Mid Staffordshire hospital crisis. Capital & Class 41(2): 217-337. doi: 10.1177/0309816816678572.

3.4 Kline, R. (2014) The Snowy White Peaks of the NHS: a survey of discrimination in governance and leadership and the potential impact on patient care in London and England. London: Middlesex University http://eprints.mdx.ac.uk/13201/. doi: 10.22023/mdx.12640421.v1

(Fully refereed research report, reviewed by an advisory committee led by Prof Esmail (Manchester), Prof Carter (Leicester) and Ruth Passman (NHS England National Head of Equality). The report was published via Middlesex University to ensure independence and academic rigour whilst maximising speed of publication).

3.5 Priest, N.,  Esmail, A.,  Kline, R., Rao, M., Coghill Y. and  Williams, D.R. (2015) Promoting equality for ethnic minority NHS staff--what works? British Medical Journal. 2015; 351: h3297. Published 2015 Jul 8. doi:10.1136/bmj.h3297 https://www.ncbi.nlm.nih.gov/pubmed/26157106.

3.6 Kline R and Lewis D. (2018) The price of fear: estimating the financial cost of bullying and harassment to the NHS in England. Public Money and Management 39(3):166-174. DOI: 10.1080/09540962.2018.1535044

3.7 Kline, R and Atewologun D. (2019) Fair to Refer. Reducing disproportionality in fitness to practise concerns reported to the GMC. GMC (2019) https://www.gmc-uk.org/-/media/documents/fair-to-refer-report_pdf-79011677.pdf

4. Details of the impact

The impacts evident from this body of work are of two main kinds: benefits as a result of the enhancement of NHS policy and contracts; and benefits to individual NHS employees brought about by implementation of the Workforce Race Equality Standard (WRES).

(1) Benefits as a result of enhancement of NHS policy and contracts

Prior to 2013, tackling race discrimination in the recruitment, development and treatment of the NHS, workforce of 1.2 million was overwhelmingly devolved to NHS Trusts and other local NHS bodies. Publication of The Snowy White Peaks of the NHS [3.4] had a pivotal impact on debate, through identifying the scale of race discrimination within the NHS and suggesting ways of addressing this issue. The report was sent to every NHS Trust by NHS England as recommended reading and then became required reading on all NHS Leadership Academy courses. Commenting on the report’s influence, the

former Chair of NHS Providers stated: “I have seen many reports like this over the years and none have had the traction achieved by this report. It has been the trigger for tackling unfairness robustly. I still hear people referring to the report specifically which is remarkable after nearly 5 years and with the sheer volume of NHS policy during that period.” [5.1]

Influence of the report was extended when Kline was commissioned to design a Workforce Race Equality Standard (WRES) that imposed a contractual requirement for NHS service providers to collect, analyse and publish WRES data alongside an Action Plan, setting out how they would reduce identified patterns of race discrimination [5.2]. On this phase of the work, the former Chief Executive Officer of NHS England stated: “The Snowy White Peaks of the NHS (2014) and the resulting development of the Workforce Race Equality Standard (in which Roger [Kline] was centrally involved) from 2015 onwards, played a crucial role in focussing NHS organisations on the importance of tackling race equality in NHS organisations. It triggered numerous positive initiatives in NHS trusts and other NHS organisations across the NHS which started to help to reduce some of the discrimination.” [5.3]

The combination of data analysis and Action Plan became an essential component of the quality regulator’s (Care Quality Commission - CQC) public assessment of the quality of Trusts’ leadership. In 2017, the CQC set out how WRES would be integrated into hospital inspections. The former CEO of the CQC stated that: “ development of the Workforce Race Equality Standard from 2015 onwards played a crucial role in prompting the Care Quality Commission… to include inspecting against the implementation of the WRES as an element in determining whether an NHS provider was “well-led” or not. Roger Kline’s work enabled us to take this decision” [5.4]. The Clinical Commissioning Groups (CCG) Improvement and Assessment Framework made it a requirement for CCGs to give assurance to NHS England that their providers were implementing the WRES, and that WRES results and action plans must be part of contract monitoring and negotiation between CCGs and their respective providers [5.5].

(2) Benefits following from implementation of the Workforce Race Equality Standard (WRES)

Following the 2015 launch of the WRES, Kline was seconded on a part-time basis as joint director of the WRES (2015-2017) to oversee its implementation. In this way his research directly informed the analysis and drafting of the first two annual reports on progress in implementing the WRES (2016, 2017), which enabled NHS organisations to understand their own metrics and to benchmark them against neighbouring or similar employers in order to drive progress. In 2018, NHS England chose to invest £1 million a year to extend the WRES programme to 2025. A dedicated WRES team of 7 staff currently manage this application of Kline’s research insights and findings. An independent report evaluated implementation for the first two years (2015-2017), confirming early progress on metrics and the impact on improving diversity on NHS boards (Dawson et al. 2019) [5.6].

Implementation of WRES has produced a number of significant outcomes:

(1) Impact on diversity in the NHS

Over the first four years (April 2015 – April 2019), four of the nine indicators showed statistically significant improvement, notwithstanding that embedding these changes will inevitably take longer. The number of BME nurses and midwives in more senior grades (Bands 6-9) increased in the first 4 years (2015-2019) by at least 4,000 more than predicted by annual trends prior to 2015, and the numbers promoted in each year more than doubled. There was also a reduction, during the same period, in the relative likelihood of White staff (compared to BME staff) being recruited from shortlisting from 1.57 to 1.45. The total number of BME staff at very senior manager (VSM) pay band increased to 143 in 2019, up by 30% from 2016 and BME members of NHS Trust Boards rose from 7.0% to 8.4% in 2017-2019 (earlier Board figures are not directly comparable) [5.7]. Kline has sustained this progress through influencing practice via high profile and widely read blogs for the British Medical Journal [5.8] and ongoing work with the NHS as a part-time joint inclusion adviser to the NHS national talent management programme, In 2020 he was appointed a member of the Expert Group advising on the production of an ethical framework for COVID-19 testing for NHS workers, commissioned by the Department of Health and Social Care, and invited to become a member of the NHS BAME Clinical Advisory by the NHS Chief People Officer.

(2) Disciplinary action

The highlighting through WRES data of the disproportionate disciplining of BME staff led to a new approach to concerns about capability and conduct by inserting an additional layer of accountability prior to any form of investigation. This was intended to reduce both the overall level of disciplinary action and the relative likelihood of BME staff being disciplined. Impact of this measure was reflected in subsequent improved WRES data reporting on WRES Indicator 3. Early implementation at England’s Barts Health NHS Trust of a new protocol in response to this measure led to a substantial reduction in disciplinary cases and a reduced relative likelihood of, BME staff (compared to White staff) being disciplined; an initiative that was recommended for wider application by NHS Resolution in 2019, as part of promoting innovative interventions. Nationally, the relative likelihood of BME staff entering the formal disciplinary process compared to white staff has reduced year-on-year, from 1.56 in 2016 to 1.22 in 2019 [5.7].

(3) Professional regulators and race equality

NHS professional regulators have focused more on equality as a result of embedding the WRES metrics. The Nursing and Midwifery Council changed its Fitness to Practice strategy to stress explicitly the importance of race equality. The former Director of Fitness to Practise, Nursing and Midwifery Council said of this development: “The [Middlesex] work … has significantly influenced the determination of the Nursing and Midwifery Council to address this issue and shaped some of the elements of our recent (2018) Fitness to Practice strategy which explicitly acknowledges the importance of the issue of discrimination in patterns of referrals” [5.9]. He goes on to say: “ I don’t think it’s an exaggeration to say that you’ve [Kline] helped ‘move the dial’ on equality for the whole health & care sector. In response to Kline and Atewologun’s 2019 review for the General Medical Council (GMC) [3.7], which identified the reasons why some doctors - notably BME doctors - were disproportionately referred within their own Fitness to Practice process, all of the report’s recommendations were accepted by the GMC and a comprehensive implementation programme is currently underway. Evidence provided by Kline in a commissioned study for the Professional Standards Authority (2018) also significantly influenced their adoption of a new standard on diversity, which has led all NHS professional regulators to a fresh review of their approach to race equality [5.10].

(4) Action on bullying

Kline's 2013 report, Bullying: the silent epidemic in the NHS, and the subsequent Snowy White Peaks of the NHS report, identified that NHS bullying particularly impacts on BME staff. This directly influenced the inclusion of a substantial section on the disproportionately poor treatment of BME whistleblowers in the Government-commissioned Freedom to Speak Up Review (Francis 2015). Subsequently, NHS Improvement has drawn on this and Kline and Lewis’ analysis of the financial cost of bullying to the NHS and its £2.3 billion cost per annum], in the production of a new toolkit to promote cultures of civility and respect in the NHS [5.11]. This includes a ‘bullying cost calculator’ based upon Kline and Lewis [3.6] (2018), and forms part of a major anti-bullying policy initiative. Kline was also invited to join the NHS Health and Wellbeing Expert Advisory Board in 2020, to advise on bullying, whistleblowing and race discrimination and the NHS Improvement Culture Transformation Advisory Group.

5. Sources to corroborate the impact

5.1. Factual statement from Chair of NHS Providers (2014-19) which sets out key role played by the development of the Workforce Race Equality Standard in focussing NHS organisations to tackle race equality. NHS Providers are the main NHS employers’ representative body.

5.2. Technical Guidance for the NHS Workforce Race Equality Standard (WRES) 2015-2016 written by Kline and Passman (2017) which informs Service Condition 13.6 of the NHS Standard Contract and requires providers to implement the WRES and submit an annual report to the Co-ordinating Commissioner on its progress in implementing that standard.

5.3. Factual statement from Chief Executive (2014-19), NHS England, setting out the key role of WRES in focussing NHS organisations on the importance of tackling race equality. NHS England is the national commissioning body for the NHS in England

5.4 Factual statement from Chief Executive (2014-19), Care Quality Commission (CQC), demonstrating how inspecting against the implementation of the WRES was adopted by the NHS quality regulator, the CQC, and set out in their ‘Equality and the Well-led provider: New Equality Objectives 2017-19)

5.5 CCG improvement and assessment framework 2017/18. This framework requires Clinical Commissioning Groups (CCG) to give assurance to NHS England that their providers are implementing the WRES, and that WRES results and action plans are part of contract monitoring and negotiation between CCGs and their respective providers.

5.6 Dawson et al. (2019) Evaluation of the NHS Workforce Race Equality Standard. An external evaluation of WRES for first two years (2016 & 2017) demonstrating its initial positive impacts.

5.7 NHS Workforce Race Equality Standard 2019. Data Analysis Report for NHS Trusts (2020) NHS England (Equality and Diversity Council). The most recent national report showing progress of WRES

5.8 Promotion of actions to tackle NHS workforce race discrimination via 11 blogs by Kline for the British Medical Journal Leader site in 2020, including the most visited blog on this site (June 13, 2020) After the speeches: what now for NHS staff race discrimination.

5.9 Factual statement from Director of Fitness to Practise, Nursing and Midwifery Council 2017-2019, which sets out how this work influenced the revised approach to Fitness to Practice of the Nursing and Midwifery Council (NMC) with specific reference to race discrimination, as detailed in their 2018 report ‘ Ensuring public safety, enabling professionalism’

5.10 Professional Standards Authority Standards of Good Regulation (revised) 2019 These standards include for the first time an equality standard (at Para 2.74 and in the Annex) drawing upon Kline’s commissioned report and apply to all NHS professional regulators.

5.11 Freedom to Speak Up Review (2015) (Francis Review). Definitive Government commissioned report on whistleblowing in the NHS, with section and appendix on treatment of BME whistleblowers referencing Kline (2014) multiple times. Supporting our staff: a toolkit to promote cultures of civility and respect; NHS toolkit published by Social Partnership Forum with introduction by Kline (pp.5-6) and draws upon Kline and Lewis’s work on the cost of bullying. COVID delayed publication of this toolkit by NHSEI will take place in spring 2021.

Submitting institution
Middlesex University
Unit of assessment
17 - Business and Management Studies
Summary impact type
Economic
Is this case study continued from a case study submitted in 2014?
No

1. Summary of the impact

The challenge of improving small and medium-sized enterprises’ (SMEs) access to finance for innovation has become central to UK economic policy. Research led by Owen has demonstrated the significant role that public co-finance venture capital can play in meeting early-stage funding gaps for potential high growth and innovative SMEs. Evidence from this research has impacted the economy and innovation in two areas.

  • Expansion in scale and scope of public co-finance venture capital (VC) provision - including the establishment of the Greater London Authority’s £85m London Co-investment Fund (LCIF) to assist early-stage business innovation and the £1bn uplift of the British Business Bank’s (BBB) Enterprise Capital Fund (ECF).

  • Creation and development of more effective innovative SME finance schemes - including Oxford Innovation’s revised programme of business finance support for over 550 innovative enterprises, Innovate UK’s establishment of the £75m Investment Accelerator Programme and £50m Innovation Loan Pilot, and the £40m BEIS Clean Growth Fund.

2. Underpinning research

Analysis of the growth needs of SMEs, particularly in relation to access to finance, has been central to the work of the Centre for Enterprise and Economic Development Research (CEEDR) at Middlesex University over 25 years. A CEEDR evaluation of the Department of Trade and Industry’s High Growth Start-Up Programme in 2002, led to a landmark identification of the policy issues arising from targeted support for high growth start-ups [3.1]. After the Global Financial Crisis in 2007, a shortfall in early-stage SME innovation funding exacerbated the problems of innovative, growth-oriented SMEs accessing finance. The negative consequences of this for UK economic growth prospects led to a policy focus upon the role of government venture capital (GVC) investment programmes designed to plug investment gaps, drive business innovation and catalyse private investment.

Baldock/Owen and North developed a prominent programme of research into GVC programme design, delivery and impact nationally and internationally, leading research and collaborations with other prominent academics in the field, including Professor Mason (Glasgow), Professor Deakins (Lancaster), and Dr Mac An Bhaird (Dublin), and specialist consultancies and practitioners (SQW, BMG, Oxford Innovation, Sanders Thomas). Between 2010-2020 research advanced through a series of 14 projects worth over £600k, commissioned variously by the Department of Business Energy and Industrial Strategy (BEIS/previously BIS), British Business Bank (BBB), Innovate UK (IUK) and the Enterprise Research Centre (ERC), including an influential CEEDR led study on Journeys to Finance for Innovative Businesses (2015) for BEIS (see 5.7). Collectively, this research stream has demonstrated how targeted, intensive, specialist support and finance for innovative and potential high growth (PHG) SMEs, correlated with improved SME growth [3.2]. Research involved mixed methods, including secondary data review, CATI telephone surveys, in-depth business and key informant interviews and case studies of business beneficiaries and international case studies of government equity schemes.

Findings from these multiple studies into early-stage SME innovation investment and its economic impact revealed the role that public co-finance venture capital can play in meeting early-stage funding gaps and identified the key issues that the development of innovative SME finance schemes needed to address. These results related principally to the UK, although CEEDR also undertook research into the development of venture capital funds and policies internationally (Nigeria, Finland, New Zealand, Estonia, Republic of Ireland). Key findings comprised:

(i) Role of public co-finance venture capital
  • Imbalance between supply and demand across stages of SME development:* SME finance demand outstripped supply, particularly in the development ‘Series A’ funding round phase after firms had received initial seed grant and equity finance. In this pre- to early commercialisation stage an acute gap was evident in provision of required funding above angel syndicate range (£500k) and below private VC consideration (£2m+) [3.2, 3.3, 3.4, 3.5].

  • Additionality and positive impacts of public co-finance in 80% of young innovative SMEs that received support through the Enterprise Capital Fund (ECF) and Angel Co-Fund GVC co-finance programmes. The ECF demonstrated positive additionality in 89% of 75 surviving assisted companies. Economic impacts included increased turnover (£57m aggregate rise), direct new jobs (758 jobs) and via subcontracting (200+ jobs), innovation (95% progressed innovations) and workforce upskilling. [3.3, 3.4, 3.5].

  • Need to raise the EU state aid cap:* The CEEDR-led Early Assessment of the UK Innovation Investment Fund commissioned by BIS (2012), identified the need to raise the EU state aid cap in order to address the EU’s widening patient capital finance gap at above £2m [3.3, 3.4].

  • Importance of developing greater regional finance access across the UK from the British Business Bank and angel networks, in order to tackle UK regional venture capital funding disparities, particularly for later Series A pre-commercialisation finance [3.2, 3.4, 3.5].

  • *Effectiveness of the pari passu public investment model alongside business angel syndicates to enable expanded early-stage co-financing with angel syndicates [3.4, 3.5].

(ii) Issues to inform the development of innovative SME finance schemes
  • Supply of finance:* Companies routinely faced difficulties in obtaining private match funding for grants and follow-on funding, and reaching sufficient scale and/or closeness to commercialisation to attract private investments [3.2, 3.3, 3.4].

  • Finance demand and SME investment readiness:* Demand was strongly influenced by SME’s management resource base and networking [3.2]. Analysis of the UK Longitudinal Small Business Survey [3.6] (further developed in 2019 ERC Research Paper 79) on SME access to finance and its relationship to growth and productivity, demonstrated younger and smaller SMEs were significantly more likely to be discouraged or rejected borrowers, and where financed, lacked management capabilities to exploit this to improve productivity. Firms with higher levels of business investment readiness and capability for finance management showed greater impact upon firm performance from finance schemes.

  • Policy disconnect between funding streams limiting their impact: CEEDR’s BEIS (2015) Journeys to Finance for Innovative Businesses revealed the lack of integration between innovation grants, matching funds, and follow-on scale-up funding provided under different policies. The disconnect between IUK grants and private investment indicated a widening UK patient capital gap and need to encourage early-stage venture seed to Series A private VC investment [3.2].

  • Need to improve targeting of SMEs for green finance support: Research into low carbon innovation finance showed the importance of environmental metrics and the need to collect new forms of evidence for selecting and evaluating early-stage Cleantech SMEs [5.11].

3. References to the research

[3.1] Smallbone D, Baldock R and Burgess S (2002) Targeted support for high growth start-ups: some policy issues. Environment and Planning C 20(2):195-209 https://doi.org/10.1068/c0049.

[3.2] Owen R, Deakins D and Savic M (2019) Finance pathways for young Innovative SMEs. Strategic Change: Briefings in Entrepreneurial Finance 28(1) https://doi.org/10.1002/jsc.2243.

[3.3] Baldock R (2016) An assessment of the business impact of the UK Enterprise Capital Funds. Environment and Planning C 34(8):1556-1581 https://doi.org/10.1177%2F0263774X15625995.

[3.4] Baldock R and Mason C (2015) Establishing a new UK finance escalator for innovative SMEs: the roles of the Enterprise Capital Funds and Angel Co-Investment Fund, Venture Capital: An International Journal of Entrepreneurial Finance 17(1-2): 59-86 https://doi.org/10.1080/13691066.2015.1021025

[3.5] Owen (Baldock) R and Mason C (2016) The role of government co-investment funds in the supply of entrepreneurial finance: an assessment of the early operation of the UK Angel Co-investment Fund. Environment and Planning C 35(3): 434-456 https://doi.org/10.1177%2F0263774X16667072.

[3.6] Owen R, Botelho, T and Osman A (2016) Exploring the success and barriers to SME access to finance and its potential role in achieving growth. Research Paper 53, ERC

Selected funded projects: (2010-20 total of 14 projects worth £600k):

Baldock ( CEEDR-led) and Sanders Thomas, Early Assessment of the UK Innovation Investment Fund (UKIIF) (2012), BEIS: £25k.

Baldock (CEEDR) and SQW’s joint Scoping study of SME finance in London (2013) GLA; £25k.

Baldock ( CEEDR-led), Sanders Thomas and BMG, Interim Evaluations of Enterprise Capital Funds and Capital for Enterprise Fund (2013-14) BEIS/BBB; £75k.

Baldock ( CEEDR-led), assisted by Mason (Glasgow University) Early Assessment of the Angel Co-Fund (2014) BEIS/BBB: £10K.

Baldock (CEEDR), SQW, Mason (Glasgow) Research into the Future of VC and Private Equity Finance in Northern Ireland (2014-15) Northern Ireland Government, £80k.

Baldock ( CEEDR-led), Savi c, Deakins, with BMG Journeys to Finance for Innovative Businesses (2015) BEIS; £60k.

Owen ( CEEDR-led), Botelho and SQW Analysis of SME access to finance from UK Longitudinal Small Business Survey (2017) Enterprise Research Centre (ERC), £7.5k; follow up longitudinal study by Owen, Harrer, Lodh, Botelho and SQW (2019) ERC; £5k)

Owen (CEEDR) and SQW Investment Accelerator Pilot evaluation (2018-2021; UKRI £55k.

Owen (CEEDR), SQW, Belmana and Beauhurst Evaluation of the Regional Investment Funds (2018-2022); British Business Bank: £190k.

Owen ( CEEDR-led), SQW and Mair (Surrey University) Redefining SME Productivity Measurement and Assessment for a Low Carbon Economy (2020) ESRC Productivity Insights Network; £46k.

4. Details of the impact

A number of significant investment policy and programme impacts resulted from CEEDR’s research findings. These impacts have been principally in the UK but also extended to the EU, through the European Angels Fund, and Owen’s current advisory role on the design of South Africa’s new Sovereign Innovation Co-Fund. Impacts of this evidence base are apparent through the: (i) expansion in scale and scope of public co-finance venture capital to meet SME early-stage funding gaps; (ii) creation and development of innovative SME finance schemes to ensure maximum positive impact.

(1) Expansion in the scale and scope of public co-finance venture capital

In 2013, CEEDR, working in collaboration with SQW, were commissioned by the GLA to research the provision of finance to SMEs in London. The resulting report, SME Finance in London, identified a Series A finance gap for potential high growth (PHG) SMEs and recommended the creation of a co-investment fund and the targeting of digital technology companies [5.1], with the results presented to London’s Deputy Mayor. The London Co-Investment Fund (LCIF), subsequently established in 2014, drew directly upon the findings of this research. A GLA official stated that this research discovered: “ a significant gap [in finance] and identified areas for potential public intervention and highlighted some potential areas of focus. This evidence was crucial in making the case for a publicly-backed finance initiative for SMEs which was subsequently developed and agreed by the LEP and the Mayor” [5.2]. The LCIF has since fully invested its £85m fund (£25m public funding), targeted at early-stage science and technology businesses, providing funding to 129 innovative PHG digital/technology SMEs by 2019.

CEEDR’s reputation for research into SME finance led BEIS/BBB to commission CEEDR in 2014 to lead evaluations (in conjunction with BMG, Lewis and Mason), of the UK’s flagship early-stage SME PHG innovation co-finance programmes: the £450m Enterprise Capital Funds (ECFs) and the £100m Angel Co-Fund (ACF) [5.3]. The evaluation of the ECF’s £450m public-private co-financing demonstrated positive additionality and demand for larger-scale follow-on funding, especially above £2m. These evaluations recommended boosting ECF follow-on investment capacity to optimise benefits and led directly to additional programme funding. The process of ministerial review between BEIS and the Treasury in 2014 was strongly influenced by these findings. A BBB official stated: “ The evaluation has directly supported additional programme funding.  At Budget 2017, the Government committed to maintaining the ECF programme with up to £1bn of commitments over the next 10 years.  Key data used from the reports include information on finance additionality, company size and growth potential, as well as the role of the funds in addressing market gap” [5.4]. In total, the UK Treasury used this data to obtain an additional £1.4bn public funding commitment over 10 years; a near quadrupling of the first 8 years of ECF funding. To date, this has led to the creation of 31 funds, including 16 new VCs to the UK market, and £1.36bn investment in over 550 SMEs.

Findings from CEEDR’s Early Assessment of the UK Innovation Investment Fund identified the UK’s widening innovation patient capital gap. Alongside findings from the ECF evaluation, BEIS used this as key evidence in favour of raising the EU state aid cap from £2m to £5m per company per annum; a change agreed in 2014 [5.4]. Within the CEEDR-led evaluations of the Enterprise Capital Funds and Angel Co-Investment Fund, major regional disparities in VC funding across the UK were identified. This prompted the BBB and angel networks to seek to develop a greater regional presence, leading to the BBB subsidiary British Business Investments establishing the Regional Angels Programme in 2018 [5.4; 5.5].

(ii) Creation and development of more effective innovative SME finance schemes

The identification of the importance of business investment readiness in how effectively SMEs made use of finance led to Owen and SQW working in active collaboration with Oxford Innovation’s (OI) business finance advisors from 2016, to improve their understanding of the market segmentation of SME finance and growth within their support programmes. This work directly informed the design of OI’s ERDF funded Access to Finance (A2F) programme for Cornwall, established in 2017, which had assisted 877 SMEs by 2018. The CEO of Oxford Innovation stated: “This has been a very helpful collaboration and the resultant [ERC] report [2016] has been used to inform the design of the new Financial Readiness Project that is being funded by DCLG to provide services to 550 businesses to enable them to identify and secure appropriate finance to grow their business” [5.6].

Ongoing government concern over how access to finance for innovative PHG SMEs might be constraining their growth, led BEIS to commission CEEDR to produce a report entitled the Innovative Firm’s Journey to Finance [5.7]. This identified the disconnect between UK grants and private investment and the widening UK patient capital gap report and recommended tackling this through encouraging seed to Series A private VC investment. Following submission to the Treasury Patient Capital Review (2017), its findings were subsequently used by UKRI (Innovate UK) to inform the establishment of the £50m Investment Accelerator Pilot (IAP) in 2017. The IAP sought to overcome the disconnect identified in the CEEDR report through matching seed VC to IUK grants. UKRI testimony [5.8] stated the Report was: *“...key in providing some of the evidence to support the initial pilot. The Report outlined a number of structural issues with patient capital... The critical importance of grant funds for early stage was acknowledged, as well as the problems of achieving sufficient… matching funding… this suggested a need for improved grants and matching funding.” * UKRI subsequently commissioned CEEDR/SQW, to evaluate the IAP. Findings from this ongoing evaluation were used to justify the further expansion of this programme (to £75m), notably through co-financing with regional angel investor networks, as for example in South West England.

Research led by Owen with CEEDR colleagues, played a leading role in setting the policy agenda on low carbon innovation finance for SMEs [5.9]. Results of the Innovative Firm’s Journey to Finance report, together with earlier findings from evaluations of the Enterprise Capital Funds and Angel Co-Investment Fund, were influential in helping Clean Growth Investment Management (CGIM) establish the BEIS Clean Growth Fund in 2020. A managing partner of CGIM stated the key role of these publications “... in making the case for addressing the cleantech innovation patient capital gap at Series A stage in the UK. They also provided guidance for best practice operation and scale for public-private co-financing VC funds” [5.10] . This new £40m fund has the potential to grow to over £100m when private funding is further raised. CGIM will draw upon research led by Owen on the role of environmental metrics [5.9] in their selection of the best business cases presented by early stage Cleantech SMEs seeking access to the BEIS Clean Growth Fund.

5. Sources to corroborate the impact

[5.1] SME Finance in London report (2013) Report used by London’s Mayor, GLA and LEP as the basis for establishing the London Co-Investment Fund (LCIF) in 2014.

[5.2] Factual statement from Principal Policy Officer at GLA. Sets out use of the joint SQW/CEEDR report in the creation of the LCIF £85m co-investment fund creation.

[5.3] Early Assessment of the Angel Co-Fund (2014) CEEDR/BMG ( BBB confidential report), and evaluation of the £450m public-private co-financing Enterprise Capital Fund in Evaluation of BIS Equity Schemes (2014) CEEDR/BMG ( BBB confidential report).

[5.4] Factual statement from BBB official, providing details of Ministerial and Treasury Review leading to £1bn funding for ECFs and the role that the two CEEDR ECF and ACF reports played in developing BBB equity programmes and the Regional Angels Programme.

[5.5] British Business Investments (2018) Regional Angels Programme £100m Regional Angels Programme established in response to evidence that regional imbalances in access to early stage equity finance for smaller businesses across the UK needed to be addressed.

[5.6] Factual statement from Oxford Innovation demonstrating how CEEDR-led work with SQW influenced the development of business investment readiness support provided by OI, and referring to Owen et al’s 2016 ERC research paper 53 (see 3.6).

[5.7] The Innovative Firm’s Journey to Finance (BEIS Research Paper No.23, 2017) including recommendations adopted in the development of Innovate UK’s Loan Pilots and Investment Accelerator Pilot schemes in relation to finance gaps (for pre commercial Series A and early stage patient capital investments) and disconnects between grant funding and matching funding.

[5.8] Factual statement from Innovate UK’s Investor Partnerships Team setting out how findings from the BEIS Innovative Firm’s Journey to Finance report were used in the establishment of the £50m IUK Investment Accelerator Pilot (IAP).

[5.9] Owen, R., Brennan, G., Lyon, F. and Harrer, T. (2020) Financing Cleantech SME innovation: setting an agenda. IEEE Transactions on Engineering Management 10.1109/TEM.2020.3005702. Paper setting out the importance of environmental metrics and need to collect new forms of evidence for selecting and evaluating early stage Cleantech SMEs.

[5.10] Factual statement from Managing Partner of Clean Growth Investment Management (CGIM) setting out how CEEDR research contributed to the establishment of the £40m BEIS Clean Growth Fund Series A cleantech innovation finance.

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