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21
November 2007
Criticised as far too
onerous to comply with fundamental rights by international
bodies, the burdens on trade unions in relation to industrial
action, most recently saw the CWU falling foul of the law.
The particular law relates
to the content of a notice that the union has to give to the
employer before holding a ballot for action (under s226A of
the Trade Union and Labour Relations Consolidation Act 1992).
The union not only has to give a notice, but a notice in a
particular way that provides very particular information.
This includes - at least - information in the union’s
possession as to the number, category or work-place of the
employees concerned.
The CWU notice included:
the number of members
in each category in each workplace;
gave the total in all categories in each workplace; and
the total in all categories in all workplaces;
However they did not add them up across all the workplaces.
This last figure - that
could have made no conceivable difference to the employer
in responding to the ballot about to take place – was
one that the Royal Mail could easily tot up from the rest
of the information supplied. In fact a child in primary school
could have done it…
Nevertheless, the court
decided that s226A strictly required the notice to contain
the total number in all categories and in all work places.
Assuming that the Judge
was right, not only is such a strict requirement only of use
to the employer as a trip wire to prevent legitimate action,
and in breach of international law, but the case shows once
again that the ease in obtaining injunctions is a serious
problem.
The issues relating to
the notice and the injunction are both in the Trade Union
Freedom Bill. We would also expect the Government to deal
with this during the passage of the Employment Simplification
Bill…
Here’s a link to
the “Commons Leader” about the Employment Simplification
Bill.
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