[IER] URGENT: AMENDMENTS IN SUPPORT OF TRADE UNION RIGHTS AND FREEDOMS

[Carolyn Jones]

A think tank for the labour movement

  
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Employment Bill:  A November 2008 Update


The Employment Bill will enter its Report Stage and Third and final Reading
in the House of Commons on 4th November 2008. In an effort to strengthen the
Bill and extend employment rights and trade union freedoms, a number of
positive amendments have been tabled for discussion, which the TUC and many
MPs are supporting. 

The Institute and the United Campaign have prepared a final Briefing
<file:///C:\CadOffice_WS\Consultation%20Documents\Employment%20Bill%202008\A
mendments%20re%20tufb\Briefing%202%20-%20Employment%20Bill%20amendments%20an
d%20examples.pdf>  for MPs and others on why the amendments should be
supported. Three amendments
<http://www.publications.parliament.uk/pa/cm200708/cmbills/117/amend/pbc1171
016a.3179-3183.html>  tabled by John McDonnell, Andrew Dismore, Kelvin
Hopkins, Dennis Skinner, Michael Connarty, Ian Stewart and Jon Cruddas, aim
to remove legislative burdens on unions (New Clauses 1,2 & 3). A fourth
amendment
<http://www.publications.parliament.uk/pa/cm200708/cmbills/151/amend/pbc1512
310a.3309-3310.html>  (New Clause 6) would bring UK laws more in line with
the decision of the European Court of Human Rights relating to trade union
membership (ASLEF v UK). 

The IER/United Campaign Briefing updates the October Briefing and focuses on
those amendments aimed at reducing burdens on unions. Reducing burdens would
allow unions to carry out their fundamental purpose, defined by statute as
"the regulation of relations between workers and employers". That role is
vital if we are to fight poverty and reduce inequality, particularly now as
workers face job cuts, price rises and economic hardship due to the failures
of freemarket capitalism. We would urge you and your organisation to
circulate the Briefing and to encourage people to send an email to their MP
in support of the amendments. 

The amendments would provide for:

1.	New Clause 1: Better protection against dismissal or victimisation
of workers taking part in lawful industrial action. 
2.	New Clause 2: Fairer balloting procedures which would place a duty
on employers to supply information needed by unions to comply with notice
and balloting requirements. 
3.	New Clause 3: Filling loopholes in the law to prevent the use of
agency workers replacing striking workers. 

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 yet more new burdens on unions. In an effort to
improve the situation, an amendment has 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.
Searchlight and the Hope <http://www.hopenothate.org.uk/>  not Hate Campaign
have drafted a model letter to MPs in support of the amendment. 

Carolyn Jones, Director

 

 

 


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