Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Isle of Man

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Article 4 of the Convention. Promotion of collective bargaining. The Committee notes that the Government indicates that: (i) at the request of the Trades Union Council, the Isle of Man Government’s Department for Enterprise is currently in the process of updating the Code of Practice on trade union recognition, published in 2001, that sets out the processes to follow if a trade union wishes to be recognised by an employer for collective bargaining purposes; and (ii) the updated Code of practice will be issued to employers’ and workers’ representatives for consultation before it is approved by the Isle of Man’s Parliament. The Committee requests the Government to provide information on the updated Code of Practice on Trade Union Recognition.

Collective bargaining in practice. The Committee requests the Government to provide information on the number of collective agreements concluded and in force, the sectors concerned and the number of workers covered by these agreements.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the Government’s report.

The Committee notes that the Employment Bill 2005 has passed through the legislative branches.

Article 1 of the Convention. The Committee’s previous comments concerned the need to provide adequate protection against anti-union discrimination in the course of employment. The Committee notes with satisfaction that the new legislation provides adequate protection against anti-union discrimination in the course of employment, including dismissal and other prejudicial acts, and provides sufficiently effective and dissuasive sanctions for such discrimination, including compensation and reinstatement. The Committee notes in particular that in its report, the Government insists on: (1) the enhanced protection against discrimination on trade union grounds at recruitment, during employment and at termination of employment; (2) the enhanced powers of the Employment Tribunal, including new power to order re-employment of employees whom it finds to have been unfairly dismissed; and (3) the enhanced protection for employees who take industrial action including: extending the existing right of employees who have been selectively dismissed to claim unfair dismissal to cover employees with less than one year’s service, and giving employees a new right to complain to the Employment Tribunal if they are subjected to dismissal or detriment for taking lawfully organized, official industrial action lasting up to four weeks.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the Government’s report.

Article 1 of the Convention. The Committee’s previous comments concerned the need to provide adequate protection against anti-union discrimination in the course of employment. The Committee had noted that, pursuant to the Employment Act, 1991, a remedy was afforded only for anti-union dismissals and was limited to financial compensation awarded by the Employment Tribunal. The Committee had also noted that the Employment (Amendment) Bill would include provisions extending the current protection to further acts of anti-union discrimination including through reinstatement.

The Committee notes from the Government’s latest report that the bill is presently at drafting stage, pursuant to consultations with interested parties and agreement by the Department of Labour and the Council of Ministers as to its content.

The Committee takes note with interest of this information. The Committee requests the Government to keep it informed of progress made in adopting the draft Employment (Amendment) Bill and to transmit a copy of the legislation as soon as it has been adopted.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 1 of the Convention. Pursuant to the recommendations of the Committee on Freedom of Association in respect of Case No. 1912, the Committee had, in its previous request, asked the Government to ensure that in reviewing legislation it would take into consideration the need to provide adequate protection against anti-union discrimination in the course of employment, including dismissal and other prejudicial acts, and, in particular, the need to provide sufficiently effective and dissuasive sanctions for such discrimination. The Committee had also noted that at present, pursuant to the Employment Act, 1991, a remedy is available only where anti-union discrimination results in dismissal and the remedy is limited to financial compensation awarded by the Employment Tribunal. The Committee notes with interest that the Government indicates in its report that the following measures will be included in the Employment (Amendment) Bill in the Government’s 2001/2002 Legislative Programme:

-  allowing the Employment Tribunal to reinstate workers that have been dismissed on grounds of their membership in a trade union or participation in its activities;

-  allowing the Employment Tribunal to reinstate workers that have been dismissed in the first four weeks of a lawfully organized, official "protected industrial action" in which they participated; or at the end of that four-week period where the employee has ceased to take part in the action or where the employer has not taken procedural steps as would have been reasonable to resolve the dispute;

-  allowing workers to complain to the Employment Tribunal if they are subject to discriminatory treatment short of dismissal in the first four weeks of a lawfully organized, official "protected industrial action" in which they participated; or at the end of that four-week period where the employee has ceased to take part in the action or where the employer has not taken procedural steps as would have been reasonable to resolve the dispute.

The Committee requests the Government to provide a copy of the legislation once it has been adopted.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee takes note of the information provided by the Government in its report.

Article 1 of the Convention. Pursuant to the recommendations of the Committee on Freedom of Association in respect of Case No. 1912, the Committee had, in its previous request, asked the Government to ensure that in reviewing legislation it would take into consideration the need to provide adequate protection against anti-union discrimination in the course of employment, including dismissal and other prejudicial acts, and, in particular, the need to provide sufficiently effective and dissuasive sanctions for such discrimination. The Committee had also noted that at present, pursuant to the Employment Act, 1991, a remedy is available only where anti-union discrimination results in dismissal and the remedy is limited to financial compensation awarded by the Employment Tribunal. The Committee notes with interest that the Government indicates in its report that the following measures will be included in the Employment (Amendment) Bill in the Government’s 2001/2002 Legislative Programme:

-      allowing the Employment Tribunal to reinstate workers that have been dismissed on grounds of their membership in a trade union or participation in its activities;

-      allowing the Employment Tribunal to reinstate workers that have been dismissed in the first four weeks of a lawfully organized, official "protected industrial action" in which they participated; or at the end of that four-week period where the employee has ceased to take part in the action or where the employer has not taken procedural steps as would have been reasonable to resolve the dispute;

-      allowing workers to complain to the Employment Tribunal if they are subject to discriminatory treatment short of dismissal in the first four weeks of a lawfully organized, official "protected industrial action" in which they participated; or at the end of that four-week period where the employee has ceased to take part in the action or where the employer has not taken procedural steps as would have been reasonable to resolve the dispute.

The Committee requests the Government to provide a copy of the legislation once it has been adopted.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee takes note of the information contained in the Government's report.

Article 1 of the Convention. The Committee had noted that the recent amendments to the Employment Act did not address the concerns previously raised by the Committee regarding the need to provide adequate protection against anti-union discrimination, including dismissal and other prejudicial acts, in the course of employment and, in particular, the need to provide sufficiently effective and dissuasive sanctions for such discrimination. At present, pursuant to the Employment Act, 1991, a remedy is available only where anti-union discrimination results in dismissal and the remedy is limited to financial compensation awarded by the Employment Tribunal.

The Committee notes the Government's statement that pursuant to the recommendations of the Committee on Freedom of Association in respect of Case No. 1912, the Department of Trade and Industry has agreed to review the legislation which protects persons from taking industrial action. The Committee hopes that this review will take into consideration the matters raised by the Committee in the paragraph above in order to extend the legal protection presently afforded through the provision of dissuasive sanctions. The Committee requests the Government to keep it informed in this regard.

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

The Committee notes the Government's report, including the Employment (Amendment) Act, 1996, attached thereto.

The Committee notes that the recent amendments to the Employment Act have not addressed the previous concerns raised by the Committee regarding the need to provide adequate protection against anti-union discrimination in the course of employment, including dismissal and other prejudicial acts, in particular the need to provide sufficiently effective and dissuasive sanctions for such discrimination. At present, pursuant to the Employment Act, 1991, a remedy is available only where anti-union discrimination results in dismissal and the remedy is limited to financial compensation awarded by the Employment Tribunal. The Committee, therefore, requests the Government to consider the extension of the legal protection presently afforded through the provision of dissuasive sanctions.

The Committee requests the Government to keep it informed of any progress regarding the issues raised above.

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

The Committee notes the Government's report, including the Employment (Amendment) Act, 1996 attached thereto.

1. With reference to its previous comments, the Committee notes with satisfaction the entry into force of the Employment (Amendment) Act on 1 January 1997, the provisions of which deem it unlawful to refuse to employ a person or refuse services of an employment agency on the grounds of trade union membership.

2. The Committee is adddressing a direct request to the Government concerning another point.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

1. The Committee notes the Government's report as well as the contents of the Trade Unions (Amendment) Bill 1994 which has now become law.

2. The Committee notes with interest that clause 4 provides that a cancellation of registration of a trade union or employers' association is stayed pending an appeal and that clause 5 amends the categories of essential services in the Trade Unions Act 1991 so as to cover services whose disruption will cause danger to the life, health or personal safety of the whole or any part of the community instead of economic damage.

3. The Committee also notes the Government's statement that having recently amended the 1991 Trade Unions Act, it is now in the process of examining the operation of its 1991 Employment Act. The Committee trusts that this examination will lead the Government to take steps to ensure that there is adequate legislative protection against anti-union discrimination at the time of recruitment, as well as against dismissal on grounds of trade union membership or activities, in conformity with Article 1 of the Convention. It accordingly requests the Government to keep it informed of any progress made in the adoption of such legislative measures so as to bring its legislation into full conformity with the requirements of the Convention.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

1. The Committee notes the Government's report as well as the summary observations of the Isle of Man Trades Council.

2. In its previous direct request, the Committee had asked the Government to amend the Employment Bill so that it provided for adequate protection against anti-union discrimination at the time of recruitment in conformity with Article 1 of the Convention. Similarly, the Committee had asked that this Employment Bill be reinforced by the adoption of sufficiently effective and dissuasive sanctions since the only remedy available under this Bill to an employee who had been dismissed on grounds of trade union membership or activities was an order of compensation.

3. The Committee notes with regret from the Government's reply that the final form of the Employment Act which was introduced in 1991 has not been modified and that there are no immediate plans by the Government to introduce measures in specific regard to the matters referred to in the Committee's previous direct request. These matters are nevertheless the subject of ongoing consideration according to the Government. The Committee once again requests the Government to take steps to ensure that there is adequate legislative protection against anti-union discrimination at the time of recruitment as well as against dismissal on grounds of trade union membership or activities in conformity with Article 1; it accordingly asks the Government to take action to amend the Employment Act 1991 so as to bring, at an early date, its legislation into full conformity with the requirements of the Convention and to supply in its next report information on any progress made in this regard.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

1. The Committee notes the Government's report, and the draft legislation attached thereto.

2. In its previous direct request the Committee had asked the Government to indicate whether it had any plans to implement the recommendation contained in a recent Consultants' Report to the effect that employees should have the right not to be subjected to discriminatory action short of dismissal on grounds of trade union membership or activities.

The Committee notes with interest that clauses 21 to 25 of the Employment Bill 1990 propose to give effect to this recommendation. It also notes, however, that the Bill does not appear to provide any protection against denial of access to employment on grounds of trade union membership or activity. As it pointed out in its 1989 direct request, the Committee considers that full conformity with Article 1 requires that there be adequate legislative protection against anti-union discrimination at the time of recruitment as well as in the course of the employment relationship. Accordingly, it asks the Government to amend the Employment Bill so as to give effect to this principle.

3. The Committee notes that clause 45 of the Employment Bill provides a measure of protection against dismissal on grounds of trade union membership or activities. However, clause 58 of the Bill seems to have the effect that the only remedy available to an employee who has been dismissed on such grounds would be an order of compensation. The Committee would ask, therefore, that the proposed legislation be reinforced by the adoption of sufficiently effective and dissuasive sanctions.

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

1. The Committee notes the information contained in the Government's report, and in the attachment thereto.

2. The Committee notes that section 1 of the Employment Act, 1986 provides a measure of protection against dismissal on grounds of membership or non-membership of a trade union, and of taking part in the activities of a trade union. Within its own terms, this provision appears to be consistent with the requirements of Article 1 of the Convention. However, the Committee has always taken the view that Article 1 requires that workers must be adequately protected against anti-union discrimination at the time of taking up employment and in the course of their employment relationship as well as at the point of termination (see General Survey on Freedom of Association and Collective Bargaining, 1983, paragraphs 256 and 259). Section 1 of the 1986 Act does not appear to be adequate for these purposes.

The Committee notes with interest that a recent Consultants' Report on the Law Relating to Employment recommended that employees should have a statutory right not to be subjected to discriminatory action short of dismissal on grounds of union membership or activities. The Government is asked to indicate whether it has any plans to implement this recommendation. It is also asked to indicate whether it has any plans to introduce legislativeprotection in relation to anti-union discrimination at the time of recruitment.