A Brief history of the Anti-Union Laws since 1980

This briefing itemises anti-trade-union legislation since 1980. It then looks further back into history, and examines some of the key issues in Britain’s anti-union laws.

1980 Employment Act

· Definition of lawful picketing restricted to own place of work

· 80% ballot needed to legalise a closed shop

· Funds offered for union ballots

· Restricted right to take secondary action

· Code of practice (six pickets)

· Repeal of statutory recognition procedure

· Restricts unfair dismissal and maternity rights

· Unfair dismissal rights from 1 year to 6 months in companies under 20

1982 Employment Act

· Further restrictions on industrial action – eg. definition of trade dispute

· Further restricted action to ‘own’ employer

· Employers could obtain injunctions against unions and sue unions for damages

· 80% rule extended to ALL closed shops every 5 years

· Compensation for dismissal because of closed shop

· Removed union only labour clauses in commercial contracts

1984 Trade Union Act

· EC elections every 5 years by secret ballot

· Political fund ballots every 10 years

· Secret ballots before industrial action

1986 Public Order Act

· Introduced new criminal offences in relation to picketing

1988 Employment Act

· Unions to compensate members disciplined for non-compliance with majority decisions

· Members can seek injunction if no pre-strike ballot

· Union finances to be open to inspection#

· Unions prevented from paying members’ or officials’ fines

· Action to preserve post entry closed shop made unlawful

· New restrictions on industrial action and election ballots

· Ballots for separate workplaces

· Ballots for non-voting EC members

· Election addresses controlled

· Independent scrutiny

· Establishment of CROTUM (Commissioner for the Rights Of Trade Union Members)

1989 Employment Act

· Tribunal pre-hearing review and proposed deposit of £150

· Exemption of small employer from providing details of disciplinary procedures

· Restricts time off with pay for union duties

· Written reasons for dismissal now require 2 years’ service

· Redundancy rebates abolished

· Abolition of training commission

1990 Employment Act

· Attack on pre-entry closed shop – unlawful to refuse to employ non-union member

· All secondary action now unlawful

· Unions liable for action induced by ANY official unless written repudiation using statutory form of words sent to all members

· Selective dismissal of strikers taking unofficial action

· Extended power of CROTUM

1992 Trade Union & Labour Relations (Consolidation) Act

· Brings together all collective employment rights including trade union finances and elections; union members’ rights including dismissal, time off; redundancy consultation; ACAS, CAC and CROTUM; industrial action legislation

· Does not cover individual rights like unfair dismissal, redundancy pay, maternity etc (these are covered by 1978 EPCA)

1993 Trade Union Reform and Employment Rights Act

· Individuals can seek injunction against unlawful action#

· Creation of Commissioner for Protection Against Unlawful Industrial Action

· 7 days notice of ballots and of industrial action

· Members to be involved in ballot to be identified

· Attack on Bridlington procedures

· Written consent for check-off every three years

· Financial records, including salaries, to be available

· Checks on election ballots

· Independent scrutiny of strike ballots

· All industrial action ballots to be postal

· Postal ballots on union mergers

· New powers for Certification Officer to check union finances

· Higher penalties against unions failing to keep proper accounts

· ‘Wilson/Palmer’ Amendment (sweeteners to those moving to individual contracts)

· Unlawful to dismiss heath & safety rep in course of duties and those walking off unsafe site

· Right of individual to challenge collective agreement in contravention of equal treatment terms

· Changes to Transfer of Undertakings Regulations

· Changes to redundancy terms (consultation)

· Abolition of Wages Councils

· Changes to Tribunals and EAT procedures

1999 Employment Relations Act

· Amendments to Trade Union Labour Relations (Consolidation) Act 1992

· Recognition and negotiation procedures for employers with at least 21 workers, establishment of bargaining unit

· Derecognition from loss of trade union independence or majority support of bargaining unit

· Complaint process for use of political funds and breach of union disciplinary, electoral or other internal rules

· Dismissal for participation in official industrial action deemed unfair

· Ballot and notice provisions for strike or industrial action

· Abolishes offices of Commissioner for Rights of Trade Union Members and Commissioner for Protection Against Unlawful Industrial Action

· Funds to be provided to assist in developing employment partnerships

· Amends Employment Rights Act and TULRA to prevent complaint over unfair dismissal if action for purposes of national security

Information from the Institute of Employment Rights

History

· Anti-union laws go back to the time of the Pyramids: 5,000 years ago

· 1306: Royal Proclamation Against Congregations and Chapter

· 1799-1800: Anti-combination laws

· 1859: Tolpuddle Martyrs transported to Australia for swearing illegal oaths ie. organising a union

· 1906: Taff Vale Railway Company vs Amalgamated Society of Railway Servants (ASRS, forerunner of RMT) judgment: unions liable for loss of employers’ profits caused by strikes; overturned by Trades Disputes Act 1906

· 1909: Osborne judgment: trade unions could no longer use their funds for political purposes; overturned by Trade Union Act 1913, which allowed unions to have political funds that members can opt out of

Since 1979

· Tories introduced anti-union legislation salami-style, because the unions were strong enough to defeat a full-scale legal assault.

· There was a progressive weakening of trade unions, via legislation and their own ineffectiveness.

· Legislation in response to major strikes eg. Grunwick, miners

· Lack of democracy in unions (eg. Leaders elected for life) opened the door for the Tories’ anti-union laws

Issues and arguments

· While governments claim that union legislation gives ‘fairness’, there are no ‘mirror-image’ laws for employers eg. no requirement to elect the Managing Director every five years, or to hold a ballot before imposing changes to terms and conditions!

· Legal requirement for industrial action authorised by postal ballots rather than workplace meetings:

o workers vote at home, where they are under different pressures

o the time taken to hold the ballot delays the action

o the ballot does not include discussion on details of what action is taken, whereas a workplace meeting can

· Despite anti-union laws, workers do still have the right to strike, and the union needs to remind and reassure them of this

Key Messages

· All improvements to our rights have been won by struggle.

· These laws do not exist to make industrial relations fair, but to stop workers fighting back.

· The timeline shows progressive attacks by government on union rights and effectiveness.

YET THEY ARE STILL SCARED OF THE TRADE UNIONS & ARE BRINGING IN THE TRADE UNION BILL TO ATTEMPT TO END WORKERS RIGHTS AT WORK.