Labour Relations (Public Service) Convention, 1978 (No. 151) - United Kingdom of Great Britain and Northern Ireland (Ratification: 1980)

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

With reference to its observation under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Committee notes the observations of the Trades Union Congress (TUC) received on 1 September and 25 November 2015 in relation to legislative proposals presented by the Government to Parliament on 15 July 2015 and requests the Government to provide its comments thereon.

Articles 6 and 7 of the Convention. Facilities enabling recognized representatives of public employees’ organizations to carry out their functions promptly and efficiently and the encouragement of machinery for negotiation of terms and conditions of employment or other methods of participation for public employees’ representatives. The Committee notes that the TUC raises concerns in relation to modifications to the provision of facility time and check-off facilities for the public service in sections 12 and 14 of the Trade Union Bill. The TUC further states that check-off arrangements are to be found in collective agreements and therefore the Government is proposing to invalidate existing collective agreements and to prevent future negotiation by providing clearly in section 14 for the prohibition of the deduction of union subscriptions.

In this regard, the Committee recalls that, in its 2013 General Survey, Collective Bargaining in the Public Service: A way forward, paragraphs 145 and 146, the Committee underlined in its chapter on trade union rights and facilities in the public administration the importance of providing appropriate means for the collection of trade union dues and time off without loss of wages. The Committee recalled that the bigger the undertaking or public institution, the greater the need to ensure that appropriate facilities are afforded. Moreover, the Committee considered that the granting of facilities such as paid time off to representatives of public employees’ organizations can contribute to compliance with the regulations applicable to public institutions and to dialogue with the employer, and thus to the creation of an appropriate environment and the proper functioning of the administration or department concerned.

As regards the withdrawal of such facilities, in its 2013 General Survey, paragraphs 155 and 156, the Committee has indicated the following: in general, the Committee encourages the use of methods of application of Convention No. 151 that are based on tripartism, social dialogue and full and frank consultations between the social partners. This is particularly important with regard to legislation on industrial relations, including provisions concerning facilities to be afforded to workers’ representatives, in order to ensure that the parties subscribe to the underlying principles and, thus, that the measures adopted are sustainable and are not contingent, in the civil service, on successive changes of government or administration. The unilateral withdrawal of facilities from public employees’ organizations can seriously impair the normal functioning of such organizations. The larger the organization, in terms of the number of workers it represents and their sectoral and geographical coverage, the more the withdrawal of facilities can have harmful consequences. In this respect, the Committee on Freedom of Association has considered that the withdrawal of the check-off facility, which could lead to financial difficulties for trade union organizations, is not conducive to the development of harmonious industrial relations and should thus be avoided.

In light of the above, the Committee requests the Government to ensure that the public authorities concerned and the public employees’ organizations are given the opportunity to jointly review sections 12 and 14 of the Trade Union Bill with a view to ensuring that the facilities granted to public employees’ organizations are fully in line with Article 6 of the Convention and that already concluded collective agreements are not violated.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes the information contained in the Government’s report and the observations of the Trades Union Congress appended to that report concerning blacklisting of union leaders and members. In this regard, the Committee refers to its comments under the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Noting that the Government indicates that it had become aware that blacklisting was taking place within the construction sector, the Committee requests the Government to inform it of the development of regulations pursuant to the Employment Relations Act, 1999, in relation to blacklisting of individuals on the basis of their trade union membership or activities.

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

The Committee notes the information provided in the Government's report.

The Committee notes that the Government refers in its report to a revised Civil Service Management Code issued on 1 April 1996 concerning the determination of terms and conditions of employment of civil servants. The Committee requests the Government to forward a copy of this Code and any amendments thereto with its next report.

The Committee also notes with interest that the Civil Service Arbitration Agreement between the Council of Civil Service Unions and the Cabinet Office which provides for the voluntary arbitration of disputes in the civil service has been reinstated.

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

The Committee notes the information supplied by the Government in its report.

In its previous observation, the Committee had stated that, according to the Trades Union Congress (TUC), the independent and impartial machinery which had existed since 1925 for the settlement of disputes in the civil service would soon be abolished, since the Government had announced its unilateral decision to terminate the Civil Service Arbitration Agreement as of 31 March 1992, after which there would be no form of arbitration available for some 530,000 non-industrial civil servants.

The Committee notes that in reply to the TUC's comments, the Government refers the Committee to the observations it made to the Committee on Freedom of Association in respect of Case No. 1619 284th Report of the Committee, approved by the Governing Body at its 254th Session (November 1992)].

In these circumstances, the Committee - like the Committee on Freedom of Association - regrets that the Government decided unilaterally to put an end to the Civil Service Arbitration Agreement. It notes however from the information supplied to the Committee on Freedom of Association that the parties agreed on new procedures. The Committee trusts that these new arrangements will provide a suitable framework for the resolution of disputes.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee takes note of the Government's report and of the Trades Union Congress (TUC) communication of January 1992.

1. The Committee observes that, according to the TUC, the independent and impartial machinery which has existed since 1925 for the settlement of disputes in the civil service will soon be abolished, since the Government has announced its unilateral decision to terminate the Civil Service Arbitration Agreement as of 31 March 1992, after which there will be no form of arbitration available for some 530,000 non-industrial civil servants.

Since the Government has not had time to reply to these comments, the Committee will take account of the issues raised by the TUC, in the light of the Government's observations, at its next examination of the Convention.

2. Referring to its previous observation concerning the working conditions of primary and secondary school teachers, the Committee notes from the Government's report that the School Teachers' Pay Review Body, established under the School Teachers' Pay and Conditions Act, 1991, will make recommendations on the statutory pay and conditions of school teachers for the financial year 1992-93. The Government adds it will provide a full report on the provisions of this Act in its next report on Convention No. 98.

The Committee will examine this matter, taking into consideration the observations received from the trade unions concerned, when it examines the application of Convention No. 98 at its next session.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

1. The Committee notes the Government's report. In particular it notes that the change in position relating to the application to House of Lords staff of the Trade Union and Labour Relations Act 1974 was the result of legal advice, and not of the High Court decision referred to in the Committee's 1988 observation.

2. At its last session the Committee examined, under Convention No. 98, certain matters relating to collective bargaining in the teaching sector in England and Wales. The Committee notes that in January 1990 the Trades Union Congress addressed certain comments to it in relation to this matter. These comments have been transmitted to the Government for its observations. The Committee will take account of the issues raised by the TUC, in the light of the Government's observations, when it examines the application of Convention No. 98 at its next session.