Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - United Kingdom of Great Britain and Northern Ireland (Ratification: 1950)

The Committee notes the Government's report, as well as the communications from the Career Teachers' Organization (NASWUT) (November 1996), and from the Trades Union Congress (TUC) (November 1996 and 1997). It has also noted the conclusions of the Committee on Freedom of Association in Case No. 1852 (304th Report of the Committee, approved by the Governing Body at its 266th Session, June 1996). Finally, it notes the discussion at the Conference Committee in June 1996.

The Committee recalls that it had asked the Government to review and amend its legislation, particularly sections 13 and 146(1)(a) of the Trade Union Reform and Employment Rights Act (1993), so as to bring it in line with the principles of the Convention, especially with Articles 1 and 4 of the Convention.

It also had commented on the Schoolteachers' Pay Review Body, hoping that its functioning would not hamper free collective bargaining.

It had finally commented on some aspects concerning denial of employment on grounds of trade union membership or activity and dismissals in connection with industrial action, in relation with purported blacklistings and other situations as well, following observations by the TUC.

The Committee notes the Government's statement that it is in the process of examining the issues raised very carefully and that it intends to consult workers' and employers' organizations on employment law issues and on the issues raised in the Committee's observation and that following this review, it will provide a full and detailed response on all the issues in its next report.

The Committee hopes that the intended consultations will be held in the near future and that they will allow for a comprehensive review of the situation and asks the Government to give full details in its next report on the various matters raised in its comments as well as in the TUC's and NASWUT's observations, in the conclusions of the Committee on Freedom of Association and in the discussions at the Conference Committee.