Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - United Kingdom of Great Britain and Northern Ireland (Ratification: 1949)

1. The Committee's previous comments concerned section 174 of the Trade Union and Labour Relations Act of 1992 (TULRA), as amended by the Trade Union Reform and Employment Rights Act of 1993, which severely restricts the situations in which trade unions may exclude or expel individuals from membership. The Committee notes that the Government maintains the position stated in previous reports and adds that there is no evidence that these provisions significantly impede unions in carrying out their functions or have led to any rise in disputes between unions.

The Committee must once again recall that, while section 174 of the TULRA, as amended, was, according to the Government, intended to provide individuals greater freedom to join trade unions of their own choosing, it may indeed have a serious impact on the right of union members to determine the make-up of their organization in accordance with its objectives. In its 1996 comments on these measures, the TUC indicated that these restrictions have been adopted in order to undermine its Bridlington Principles which had been democratically adopted by Congress to promote orderly relations between affiliates and the development of constructive collective bargaining arrangements. According to the TUC, these principles facilitated orderly transfers of membership between unions and provided a straightforward way of resolving inter-union disputes. The Committee would request the Government to respond to these comments and to reconsider narrowing the scope of this section to permit for greater freedom for workers' organizations to establish their rules concerning membership in accordance with their objective of furthering and defending workers' interests.

2. The Committee would recall that its previous comments concerned the third-party right to request injunctive relief against unlawful strike action under section 235A of the 1992 TULRA. The Committee notes from the Government's report that, while it has no plans to repeal this section, it has proposed the abolition of the Commissioner for Protection Against Unlawful Industrial Action (CPAUIA) so that public funding will no longer be available for anyone seeking an injunction to stop industrial action which deprives, or threatens to deprive, that person of goods or services. It further notes the Government's statement that no one has applied to the courts for such injunction since the relevant provision was introduced in 1993 and there is, therefore, no evidence that the existence of this right in any way frustrates unions in carrying out their lawful activities.

The Committee requests the Government to keep it informed of the progress made in this regard.