Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

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

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The Committee notes the observations made by the Trades Union Congress (TUC), received on 8 September and 20 October 2023, which principally address the issues raised in its Observation. The Committee notes however that neither the TUC nor the Government address specifically the matters raised in its previous direct request. Given that the issues raised in its Observation would likely have a further impact on the matters set out below, the Committee recalls its previous comment and requests the Government to reply in full in its next report.

Article 3. Return of workers to their posts following lawful industrial action. In its previous comment, the Committee had requested the Government to review the Trade Union Act, 2016, in full consultation with the social partners, to strengthen the protection available to workers undertaking official and lawful industrial action. The Committee notes the TUC’s indication that it was not consulted on the issue despite being the most representative organization. The TUC reiterates its concern that the protection for trade union members who take lawful industrial action only extends to 12 weeks, with no guarantee of reinstatement and no prohibition on hiring replacements. The TUC adds that in July 2022, the Government ended a ban on the supply of workers by employment agencies as temporary or permanent replacements for striking workers, a change which was opposed by the social partners. The Committee notes with regret that the Government reiterates its previous position that the existing measures in place to protect striking workers are sufficient. The Government explains that a balanced legal system cannot ensure that striking workers are not dismissed under any circumstances for taking industrial action, considering that protracted industrial action threatens the existence of businesses and the livelihood of non-striking employees. The Committee once again recalls that making the return-to-work conditional on time limits and on the employer’s consent constitute obstacles to the effective exercise of the right to strike, essential for workers to promote and defend the interests of their members. The Committee therefore urges the Government to review the legislation in question, in full consultation with workers’ and employers’ organizations, with a view to strengthening the protection available to workers who stage official and lawfully organized industrial action and to provide information on steps taken in this regard.

Procedural requirements for industrial action. The Committee had previously requested the Government to review, in consultation with the social partners, sections 8 and 9 of the Trade Union Act on timing and duration of industrial action. The Committee notes that according to the TUC, no consultation has taken place in this respect. The TUC reiterates that the law hinders the unions’ ability to take effective industrial action, since unions are required to give seven days’ notice in addition to the notice period before conducting a postal ballot, despite the mandate for industrial action expiring within six months regardless of the outcome of the action. The Committee notes the TUC’s indications regarding the following additional procedural requirements proposed by the minister: that ballot papers specify both the reason for the industrial action and the form of action to be taken; that employers be given the right to respond to the issues cited on the ballot paper before announcing the strike dates; that separate ballots be set up for each single, continuous bout of strike action; that a cooling off period be established after each strike, for up to 60 days; and that the minimum notice period for industrial action be increased from two weeks to four. While noting the Government’s indication that the review will be carried out at some point in the future, in consultation with the social partners, the Committee observes with regret that the Government does not provide any specific timeline for the review. Recalling that workers and their organizations should be able to call a strike for an indefinite period if they so wish, the Committee urges the Government to carry out the review of sections 8 and 9 of the Trade Union Act without further delay in full consultation with the social partners, and to provide information on developments in this regard.