 Trade Union Rights are fundamental human rights - ASLEF v UK
On 16 May the DTI put out a consultation paper (for responses by 8 August) where they say they will not appeal the decision of the European Court of Human Rights on 27th February 2007 where 8 judges found unanimously in favour of ASLEF in a case that should have profound positive implications for trade unions.
The consultation paper proposes one of two options. Both would allow trade unions the right to expel members whose political membership or activities are contrary to the unions’ principles. The United Campaign says that does not go far enough even to comply with the judgment. View the consultation paper.
In the last United Campaign newsletter we said “If this Government does not repeal these laws, we believe the next one might well have to…” And the DTI say they will change the law. But they say the case is limited to its facts and there only needs to be change to deal with a union’s right, in accordance with its rules, to expel those in a political party whose beliefs are opposed to those of the union. In this we say the DTI is wrong.
In ASLEF v UK, the European Court of Human Rights accepted the position that Article 11 of the European Convention on Human Rights - the right of freedom of association and to form trade unions - means that the right of ASLEF to choose its members outweighed the BNP member's right to freedom of expression (para. 50).
But it goes further to say that "under Article 11 unions must remain free to decide, in accordance with union rules, questions concerning admission to and expulsion from the union" (para. 39). We say that Thatcher's law that outlawed unions from "unjustifiably" disciplining, or expelling strike breakers must go as it is in breach of Article 11. This is another argument that we have been putting over the years.
The Institute of Employment Rights has produced a Briefing Paper on the ASLEF case. The Paper was written by the barristers from Old Square Chambers involved in the case - John Hendy, QC and Michael Ford.
Further information:
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United Campaign
