Trade Union Rights and Freedoms Bill: An Update

Following its second readng in the House of Lords, the Employment Bill came back before the Commons when Parliament resumed on 6 October 2008. By 16th October the Bill had completed its Committee Stage. It is expected to reach Report Stage at the beginning of November.

As it stands, the Employment Bill does not incorporate the principles contained in the TUC supported Trade Union Rights and Freedoms Bill - a Bill which the Institute’s Chair, John Hendy QC, helped to draft.

However, there are three areas of the Employment Bill which can be amended to strengthen trade union rights. As no suitable amendments were raised at Committee Stage by members of the Employment Bill Committee, John McDonnell has tabled amendments for consideration and hopefully discussion by MPs at Report Stage. The amendments would provide for:

1. Better protection against dismissal or victimisation of workers taking part in lawful industrial action.

1. Filling loopholes in the law to prevent the use of agency workers replacing striking workers.

1. Fairer balloting procedures which would cut the 'red tape' facing unions when balloting members for industrial action by placing a duty on employers to supply information need by unions to comply with notice and balloting requirements.

The United Campaign is now encouraging supporters to lobby their MPs in support of amendments to the Bill. The campaign suggests:

• sending postcards to MPs
• writing to MP’s via the website
• Writing to MPs using a model letter

If you want to assist in the distribution of the postcards, contact info@unitedcampaign.org.uk with the number of cards you require. Alternatively a model letter can be found on their website at www.unitedcampaign.org.uk.

Previous developments

Following the Trade Union Rights and Freedom Bill failing to be allotted time for discussion at its first reading on 2nd March (see Hansard), John McDonnell MP tabled the Bill for a second reading on 19th October 2007.

To support the 2nd reading, the United Campaign organised a demonstration and rally for 18th October at Westminster and asked supporters to join the postcard campaign asking MPs to remain in the House of Commons on 19th October to show their support for the Bill.

The Rally attracted an excellent platform of speakers including:

• John Hendy QC - IER Chairman
• John McDonnell MP
• Phil McGarry - STUC President
• Bob Crow - RMT General Secretary
• Tony Woodley - Unite T&G General Secretary
• Paul Kenny - GMB General Secretary
• Keith Ewing - IER President
• Mark Serwotka - PCS General Secretary
• Brain Caton - POA General Secretary
• Katy Clark MP
• Jeremy Dear - NUJ General Secretary
• Jon Cruddas MP
• Gail Cartmail - UNITE AMICUS Assisitant General Secretary
• Matt Wrack - FBU General Secretary
• Patrick Roach - NASUWT Assistant General Secretary
• Christine Blower - NUT Deputy General Secretary
• Manuel Cortes - TSSA Deputy General Secretary

According to the police, 1,000 people tried to access the Rally. In the end the Rally spread across two meeting rooms with speakers addressing both platforms to ensure all those who attended could participate. No doubt three rooms could have been filled. However, due to security restrictions and the long wait many left before gaining access to parliament. Both the Morning Star and the Guardian carried an article by John Hendy QC and Professor Keith Ewing on why the Bill should be supported.

Despite a number of MPs remaining in the House of Commons on 19th October, the Bill was once again denied parliamentary time. See Hansard

In the Queen's speech announced on 6th November, the legislative programme for the forthcoming parliamentary session was reconfirmed. The Institute will be paying particular attention to the details and progress of the Employment Bill, the main legislative proposal covering employment rights and trade union freedoms. Unfortunately, in its original form, the Bill includes none of the proposals contained in the Trade Union Rights and Freedoms Bill.

However, as many speakers at the event made clear, calls for a Trade Union Freedom Bill will remain on the trade union agenda.