[IER] Employment Bill: Support Amendments

[Carolyn Jones]

A think tank for the labour movement

  
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The Employment <http://services.parliament.uk/bills/2007-08/employment.html>
Bill is due to be considered in the House of Commons on 4th November. This
provides an important opportunity to strengthen trade union and workers'
rights. Three amendments relating to the Trade Union Rights and Freedoms
Bill have been tabled for consideration together with one amendment relating
to the ASLEF v UK case. Below is information and links on both. We hope you
will show your support by contacting your MP.

Trade Union Rights and Freedoms

As it stands, the Employment Bill does not incorporate the principles
contained in the TUC supported Trade Union Rights and Freedoms Bill - a Bill
which the Institute's Chair, John Hendy QC, helped to draft.  However,
amendments
<http://www.publications.parliament.uk/pa/cm200708/cmbills/117/amend/pbc1171
016a.3179-3183.html>  have now been tabled by Labour MPs John McDonnell,
Andrew Dismore, Kelvin Hopkins, Dennis Skinner, Michael Connarty, Ian
Stewart and Jon Cruddas.  If supported these amendments would strengthen
trade union rights. 

The amendments provide for:

1.	Better protection against dismissal or victimisation of workers
taking part in lawful industrial action. 
2.	Filling loopholes in the law to prevent the use of agency workers
replacing striking workers. 
3.	Fairer balloting procedures which would cut the 'red tape' facing
unions when balloting members for industrial action by placing a duty on
employers to supply information need by unions to comply with notice and
balloting requirements. 

The United Campaign <http://www.unitedcampaign.org.uk/>  is now encouraging
supporters to lobby their MPs in support of amendments to the Bill. The
campaign suggests: 

*                 Writing to MPs using a model
<http://www.unitedcampaign.org.uk/files/model_letter-EBAMF.pdf>  letter 

*                 Using the model letter to write to your MP via the website
<http://www.writetothem.com/>  

ASLEF v UK

In its current form, the Employment Bill also fails to adequately reflect
the decision of the European Court of Human Rights in its judgment on ASLEF
v UK. In that decision, it was agreed that UK laws prohibiting unions from
expelling members of the BNP, were in breach of Article 11 of the European
Convention on Human Rights. The government used the Employment Bill to amend
the law (adopting a minimalist approach unfortunately) but the Bill was then
amended in the House of Lords, introducing new burdens on unions. In an
effort to improve the situation, an amendment
<http://www.publications.parliament.uk/pa/cm200708/cmbills/151/amend/pbc1512
310a.3309-3310.html>  has now been tabled by Tony Lloyd, Frank Doran, Jon
Cruddas, Bill Olner and Judy Mallaber. In a Briefing
<http://www.ier.org.uk/system/files/ASLEF+v+UK+final+for+website+corr+by+jh1
.pdf>  on the ASLEF case, IER proposed much wider repeal of the current laws
in an effort to protect and promote the internationally recognised
principles on trade union autonomy.  However, having failed to persuade the
government to adopt a more fundamental approach to repeal of the law, we
believe the proposed amendment is an improvement to the Bill as it stands

Time is short. The Bill will be discussed next week. Write to your MP
letting them know that you support the amendments relating to the Trade
Union Rights and Freedoms Bill and the amendment relating to the right to
exclude members from a union. 

Carolyn Jones 

Director

 


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