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News > 'It's time to respect the democratic ballot' - John Hendy QC, on why we should support the Lawful Industrial Action (Minor Errors) Bill

 

'It's time to respect the democratic ballot'
- John Hendy QC, on why we should support the Lawful Industrial Action (Minor Errors) Bill


30 September 2010

Several years ago the United Campaign was instrumental in drafting and campaigning for the Trade Union Rights and Freedoms Bill. This year we have a real chance to correct one aspect of the law that has been increasingly exploited by employers seeking to undermine the democratic voice of workers.

John McDonnell's Lawful Industrial Action (Minor Errors) Bill is due to have its Second Reading in the House of Commons on the 22nd October, we must all ensure we give our full support to this important piece of legislation. Please attend the United Campaign's national demonstration at Parliament in support of the Bill on the 13th October 2010.

The Bill has been introduced in response to the recent raft of court cases which have sought to challenge the legality of the trade union ballot. In each and every case the ballots were overwhelmingly in favour of strike action and the technicalities seized upon in the courts would have had absolutely no impact upon the results of the ballot.

The recent succession of court cases aimed at preventing legitimate strike action highlight the extent to which British law imposes fetters on unions - laws which are unprecedented in Europe. These laws are inconsistent with the European Convention on Human Rights, the European Social Charter and International Labour Organisation Conventions.

It is pathetic that after 13 years of a Labour government we are still saddled by restrictions on our fundamental human rights. It cannot be doubted that the legal restraints placed on trade unions have been the prime cause of the collapse of collective bargaining from 82% of workers covered when Margaret Thatcher took power in 1979 to 32% today. Nor that those restraints have prevented unions from resisting the widening gulf of inequality under both Conservative and Labour rule since 1979.

The absence of the right to strike in UK law was rammed home in 2009 by the Court of Appeal in Unite v Metrobus which swiftly opened the door for the series of cases which followed. Virtually no union has escaped unscathed from this new assault on fundamental rights.

The Con-Dem Government has only just begun to unleash its plans for the devastation of the public sector. With unprecedented attacks on jobs and conditions now on the horizon, the fight back must begin in earnest.

The Lawful Industrial Action Bill is focused and fair. It will mean that ordinary working people, who may be struggling to protect their pay and conditions and who have voted overwhelmingly in favour of industrial action, will not have their democratic will overruled on technical legal grounds.

It is vital that all workers get behind this essential piece of legislation by lobbying their MPs in support of the Bill today.

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