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Domestic Policy Proposals in the UK

Domestic Policy Proposals in the UK. Sarah Veale, Head, Equality and Employment Rights Department, TUC. Outline. Issues raised by the Viking, Laval and Ruffert judgements Current trade union law – as it stands now and if things change at the election

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Domestic Policy Proposals in the UK

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  1. Domestic Policy Proposals in the UK Sarah Veale, Head, Equality and Employment Rights Department, TUC

  2. Outline • Issues raised by the Viking,Laval and Ruffert judgements • Current trade union law – as it stands now and if things change at the election • TUC Proposals for legislative change in the UK

  3. Issues Raised by the judgements in the ECJ • Comparatively limited impact for UK trade unions • Restricted ability for unions to strike • Collective bargaining coverage • Procurement • Types of action affected • Relocations • Takeovers

  4. Issues Raised by the judgements in the UK • Posting of Workers Directive • Employers’ actions to date • The Lindsey dispute

  5. Trade Union Law in the UK • Currently – no right to strike – immunities • Restrictions on the immunities – notices, ballots, trade dispute, secondary action • Weak statutory recognition scheme • No institutional promotion of collective bargaining, eg, no duty on ACAS

  6. Trade union law in the UK The Opposition – “emerging thoughts” Strike bans in essential services

  7. Trade Union law in the UK 40 per cent “yes” vote in industrial action ballots Restrictions on ability to aggregate ballot results

  8. Trade union law in the UK Amend definition of a trade dispute Facility time in public sector, check off, political fund ballots

  9. TUC proposals • If Labour is re- elected – • Support for reform of the Posting of Workers Directive to give all collective agreements a higher legal standing • And/or legislation in the UK to make agreements generally applicable

  10. TUC Proposals Not the same as legally enforceable collective agreements whereby one party can take action against the other to enforce an agreement Extend terms and conditions negotiated in sectoral level agreements to all in that sector

  11. TUC Proposals • Would have to be “generally applicable” under PWD – apply in practice to majority in that sector • Need a system under which collective agreements could be registered, eg, under the CAC

  12. TUC Proposals • Statutory criteria – scope, representativeness, trigger • Implied terms • Business case - promoting fair competition

  13. TUC Proposals • Under a Conservative Government – • Could do all of the above on posted workers • But very unlikely to want to change the Directive

  14. TUC Proposals • May encourage employers to exploit Viking line of cases – but would they want to? • Changes to domestic legislation less risky for employers

  15. TUC Proposals • Political offensive • Litigation strategy? • Article 4 of ILO Convention 98 requires UK to take steps to promote collective bargaining

  16. TUC Proposals • Recent ECHR case – Demir and Bakir – where ILO standards relied on • Human Rights Act and the Tories – will they/won’t they • Unofficial industrial action – how will unions and the TUC handle it?

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