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27
April 2010
...because restrictions on freedom limit the ability of
unions to effectively fight against poverty and rising inequality.
Trade unions have been
at the forefront of the fight against inequality and poverty
since they developed over a hundred years ago. In every declaration
of human rights and freedoms and every constitution since
World War II, the right to form and join a trade union has
been a feature.
Yet it is a shameful fact
that in the UK trade unions had more freedom to protect their
members over a hundred years ago than they do today. It is
no surprise that inequality has grown steadily the more trade
union freedom has been restricted.
The
Right to Strike
In the UK workers have
no legal right to strike. Any strike action constitutes a
breach of contract, entitling the employer to dismiss, discipline
or sue the worker and leaves the union liable. True, the Labour
Government introduced an 8 week period of protection against
unfair dismissal for strikers - increased to 12 weeks under
the Warwick agreement. But what if a strike lasts longer than
12 weeks? And even if you win a claim for unfair dismissal,
employers often ignore court orders to reinstate sacked workers.
Despite the UK ratifying
international treaties guaranteeing the right to strike, the
supervisory bodies of those treaties have held that UK law
is incompatible with international law. The legal right to
strike in the UK is plainly too restricted and is a blot on
Britain's statute book.
Balloting
Rules
Current balloting rules
are so complex that they are almost impossible to follow and
all too often end in unions being brought before the courts
on minor technical challenges as we have seen in numerous
cases over the past year.
According to the ILO,
the very complexity of UK balloting laws is inconsistent with
the right to strike guaranteed in ILO Convention 87. As with
balloting rules, the notice requirements unions have to provide
to employers are far too restrictive and open to legal challenges.
Interim injunctions to
stop industrial action are granted all too easily and the
decision is weighted against the union as all employers have
to do is show there is a serious issue to be tried rather
than proving they have a winnable case.
Solidarity
Action
The Conservatives restricted
the definition of lawful industrial action and removed all
rights of workers to take solidarity action in support of
others. The blanket ban on solidarity action has been repeatedly
condemned by the ILO as a breach of Convention 87 as it is
an essential element of freedom of association.
The ILO have held that
sympathetic strikes should be lawful. The contracting out
of services and the diversification of employers caused by
privatisation are modern-day factors which require a modernisation
of UK law.
The
Effect
The relentless introduction
of the anti-union laws was intended to prevent workers fighting
back when business was engaged in a race to the bottom over
pay, pensions and conditions. The progressive weakening of
union rights has not been mirrored by controls on the rights
of employers instead their rights have been extended. Changes
in working practices - privatisation, the break up of large
corporations, along with the greater use of 'atypical workers',
like agency workers - have made things even more problematic
for unions in defending their members.
Workers should have the
right to take industrial action to protect their occupational,
social or economic interests, without the threat of dismissal
or discrimination or their union's funds being decimated.
Securing fairness at work demands freedom for trade unions.
At a time of recession
and cuts, effective trade unions are needed more than ever.
We have a duty to ourselves, our fellow workers, our children
and to pensioners to act now to achieve our fundamental freedom
and collective human rights.
TRADE
UNION FREEDOM MATTERS TO US ALL
The United Campaign are holding a number of joint fringe
events with the Institute
of Employment Rights at union conferences this year focusing
on the future of trade union rights after the election. Visit
our events page to see what's on near you.
Download
this article and a copy of the 'anti-union laws attack your
rights' poster here!
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