Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

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

The Committee notes the observations of the Trade Union Congress (TUC), transmitted by the Government, which refer to the issues examined by the Committee below.

Results of the 2015 Undercover Policing Inquiry. Recalling the allegations relating to police surveillance of trade unions and trade unionists submitted by the TUC and the establishment of the Undercover Policing Inquiry (UCPI), the Committee expected the Government to ensure the conclusion of the UCPI’s final report with recommendations on this issue. It also noted that the final report was expected to be published by the end of 2026. The Committee notes the Government’s indication that the Home Office continues to engage with the UCPI in the Home Office’s capacity as a sponsor department, and that the UCPI will be responsible for publishing its reports, plans and its approach which may be found in its website. The Committee expects the Government to take all necessary measures to ensure that the UCPI concludes its report within the planned time frame. It requests the Government to transmit a copy of the report and all relevant information on the UPCI findings, recommendations and actions taken thereon.

Article 3 of the Convention. Right of workers’ organizations to organize their activities and formulate their programmes. Electronic balloting. In its previous comments, the Committee requested the Government to take measures and provide information on the facilitation of electronic balloting for industrial action ballots. The Committee notes that the Government reiterates its commitment to modernize domestic legislation that governs trade union statutory ballots in order to deliver modern, secure, electronic, workplace ballots. The Committee notes the Government’s indication that policy work has commenced to inform the drafting of the legislation that will enable the addition of new ballot methods to the Trade Union and Labour Relations (Consolidation) Act, 1992. It notes the Government’s stated commitment to engage with trade unions and business in this regard shortly through establishing working groups. In this regard, the Committee notes the TUC indication that while the Government previously said it would launch working groups, it now proposes to publicly consult on a code of practice on e-balloting. The Committee further notes the TUC’s view that e-balloting must be implemented in a manner that gives unions and scrutineers control over what means of balloting are to be used such that they meet the requirements of their members and statutory obligations. Observing with regret the absence of progress on this matter,the Committee expects the Government to engage with the social partners without further delay with a view to facilitating electronic balloting. It requests the Government to provide information on the progress made in this regard.

Minimum services legislation. In its previous comments, the Committee took note of the observations of the TUC concerning the Strikes (Minimum Service Levels) Act, 2023 (the Strikes Act) alleging unacceptable minimum service levels in addition to anti-strike laws, granting wide power to the Secretary of State to determine the scope of these services without guidance from Parliament, and the extensive list of sectors in which minimum service can be mandated which includes education services and transport services. Noting with regret the lack of information from the Government on the intended timeline to repeal the Strikes Act and related regulations, the Committee requested the Government to provide information on the steps taken and results achieved in this regard. The Committee welcomes the Government’s indication that the Strikes Act will be repealed upon Royal Assent of the Employment Rights Bill which is currently in Parliament and is expected to receive Royal Assent in 2025. The Committee expects the Employment Rights Act to address the matters previously raised by the Committee.

Blacklisting. The Committee previously requested the Government to provide information on steps taken to outlaw the use of predictive technologies for blacklisting and to prevent workers from being mistreated or fired without evidence of human interaction, and to close the loophole allowing employers to bypass laws through third party contractors. The Committee also requested the Government to provide information on any complaints regarding the handling of information received by the police on the identity of activists. The Committee takes note of the Government’s indication that blacklisting is unacceptable and has no place in modern employment relations and that the new Employment Rights Bill modernizes blacklisting legislation by amending the Employment Relations Act, 1999, so that further protections can be delivered by secondary legislation and guidance, in particular, by: (i) regulations to be made that extend prohibitions to lists that are not initially prepared for the purpose of discrimination, but are subsequently used for that; (ii) allowing for secondary legislation to clarify that blacklisting prohibitions extend to lists made by predictive technology; (iii) extending the scope of powers to close the loophole mentioned hereinabove by extending blacklisting prohibitions to those beyond employers and employment agencies; and (iv) empowering the Secretary of State to make regulations in relation to third party use of blacklists. The Committee welcomes this information and expectsthe Employment Rights Act to be in full conformity with the Convention. Regretting, however, that no information on complaints regarding the handling of information received by the police on the identity of activists has been provided by the Government, the Committee reiterates its request.

The Committee recalls that for a number of years it has been commenting on the following matters regarding the Trade Union Act, 2016: requirement for strike ballots, the role of the Certification Officer, procedural requirements for industrial actions, and protection available to workers undertaking a lawful strike. The Committee notes the Government’s indication that the Employment Rights Bill, once adopted, will address these matters as follows:

• Strike ballots: the Bill repeals section 3 of the Trade Union Act so that trade unions will not have to meet the 40 per cent threshold support for an industrial action ballot to be successful in the following six important public services: health, fire services, education under 17, transport, decommissioning of nuclear installations, management of radioactive waste and spent fuel, and border security.
• Certification officer: the Bill reduces the powers of the Certification Officer to ensure that there is no interference with the rights of workers’ and employers’ organizations. Specifically, the Bill removes: (i) additional reporting requirements set out in the Trade Union Act in sections 7 and 12; (ii) the requirement for unions to include details on political expenditure and industrial action data in their annual returns; (iii) enhanced investigatory powers of the Officer under section 17 and Schedule 2 of the Trade Union Act; and (iv) the power of the Officer to impose financial penalties and a levy on trade unions (sections 19 and 20 of the Trade Union Act), with the repeal of section 21 of the Trade Union Act returning the right to appeal against decisions of the Certification Officer to being only on questions of law.
• Procedural requirements for industrial action: the mandate period for industrial action will be extended from 6 to 12 months following a successful ballot and the notice period for industrial action will be reduced from 14 to 10 days.
• Protection available to workers: Trade Union and Labour Relations (Consolidation) Act, 1992 will be amended to ensure that a worker will not be subject to any acts or failures to act by the employer with the purpose of preventing or deterring the worker from partaking in industrial action. Protection against unfair dismissal will be extended to apply beyond the original 12-week period to the entire duration of the strike action.

The Committee notes the Government’s indication that in addition to the above, the Bill simplifies employment status to account for the full range of modern employment relationships. Consideration will be given to whether there can be a secondary legislation to revoke increases in tort damages claimed from trade unions organizing unlawful industrial action. Also, in Northern Ireland, measures are taken through the “Good Jobs” Employment Rights Bill to improve trade unions’ access to workplaces, lowering the threshold to form a trade union from 21 members to 10, and by removing any time limits on protections available to employees taking part in industrial action.

The Committee welcomes the information provided by the Government. The Committee expresses its hope that the Employment Rights Bill will enter into force after receiving Royal Assent in the near future and requests the Government to provide a copy thereof.

Sympathy strikes. In its previous report, the Committee recalled the request of the Committee on Freedom of Association (CFA) for the Government to engage with the social partners to overcome challenges regarding the legislative prohibition of sympathy strikes as it considered that a general prohibition of sympathy strikes could lead to abuse, particularly in the context of globalization characterized by increasing interdependence and the internationalization of production (Case No. 3432, 404th Report, October–November 2023, paras 610–651). The Committee also recalled that, although the European Court of Human Rights (ECtHR) upheld the United Kingdom’s prohibition of secondary action in the Rail Maritime and Transport Union (RMT) v. UK case, the mandate of the ILO supervisory mechanism and that of the ECtHR are different – focusing on the application of ILO Conventions in national law and practice, and the European Convention on Human Rights respectively – therefore requiring the national laws of a Member State of the ILO to be in conformity with the international standards set by the ILO, specifically on freedom of association. The Committee notes with regret that the Government maintains its view that industrial action should be pertinent to those directly involved, to protect the rights and freedoms of others and to protect the public interest. The Government reiterates its position that the prohibition of secondary action under UK law is necessary to protect businesses and workers not directly involved in a dispute from unwarranted disruption and to ensure that disputes are addressed in a focused and proportionate manner. The Committee takes note of the TUC observation that “trade dispute” under UK law is too limited, failing to allow workers in the same labour supply chain to take industrial action in support of their colleagues, as seen in the case of maritime and dockworkers who were unable to proceed with a sympathy strike to support during the illegal dismissals of 800 workers by P&O Ferries in 2022, which also prompted the CFA to highlight the implications of such a legislation on trade union freedoms. Reiterating that in the context of globalization and interdependence and internationalization of production, workers should be allowed to take action under sympathy strikes, as long as the initial strike they are supporting is itself lawful, the Committee urges the Government to take measures, in consultation with the social partners, to overcome the challenges regarding the legislative prohibition of sympathy strikes in order to be in conformity with freedom of association.