In which I ruminate and gloominate on the scale of the problems facing small business as they try to hire people these days, and identify a brilliantly simple way to allow all of us to choose the degree of legal risk (and legal security) we want to have.

Thereby transforming society for the better:

The answer? Simple.

Treat people as grown-ups. Stop using the law to define attitudes and relationships, and let us, the people, do it for ourselves instead.

Bring in a new law allowing employers to set two pay-rates for any given position:

  • A higher rate for any employee who waives the right to sue for discrimination or anything else, but who instead agrees that his/her performance alone will determine whether he/she remains employed by that business
  • A notably lower rate for any employee who wants to keep open the option of suing the employer at some point should things go wrong.

Under this scheme the employee is rewarded for accepting a higher risk of being the victim of discrimination or bullying but having no legal redress.

The employer is freed from all that anxiety and legal liability risk – but pays for the privilege and has to invest more in such employees accordingly via higher pay-rates.

The message to employer and employee alike: You want more legal options? Fine, but it will cost you.

That arrangement would be profoundly fair – and democratic. It would allow employers and employees alike to negotiate over time just how much they want the Big State to micro-manage their relationships.

We would be identifying with unerring precision the overall cost of Fairness and Discrimination legislation – allowing employers and employees alike to decide on a day-to-day level how much we all want it, and how much we want to pay for it.

An all-round victory for a redefined modern adulthood and responsibility.

What could we call this new radical initiative?

Hmmm … got it! How about the Big Society?

Over at Business and Politics.