"Having the right to strike doesn't mean you have to exercise it. The point is to have the right in order that workers ultimately have leverage in negotiations."
- Lord John Hendy KC
Without improved support for workers’ right to strike, will Labour’s new Employment Rights Bill leave British workers over-exposed and under-protected?
In conversation with Institute of Employment Rights Director, James Harrison, leading labour law experts Lord John Hendy KC and Prof. Keith Ewing address the failure of the Bill to meet the UK's obligations under international employment law.
They question if the new bodies created under the Bill have the teeth to fill the void left by a properly resourced Ministry of Labour - Britain is one of only a handful of developed nations that do not have a Labour Minister running their own department.
" Businesses, employers will be laughing at unions all the way through the process, because they know that at the end of the day, they can keep the union out."
- Professor Keith Ewing
Pointing to the shortcomings in the Bill regarding the right to strike, union access to workplaces and adequate enforcement agencies, these two industrial law heavyweights raise the prospect that - even under the new legislation - there could be a repeat of the P&O case, where almost 800 sailors were summarily dismissed.
Topics & Questions:
The Right To Strike: Is the UK violating international law by restricting workers' right to strike?
Still No Ministry Of Labour: Will the new Fair Work Agency be strong enough to truly protect workers?
Workplace Access: Can unions overcome the obstacles in Labour's new bill to effectively advocate for workers?
Chapters:
00:00 Welcome
01:26 The Right To Strike: A Fundamental Human Right
02:51 Britain's International Obligations On The Right To Strike
05:15 Electronic Ballots For Strike Action
08:03 Labour Party Commitments Dropped
15:28 Workplace Access Rights For Trade Unions
19:51 Remedies For Unions Vs Employers: A Legal Mis-Match
21:21 Union Access: How It Works Outside The UK
23:21 New Agencies, Limited Powers, No Labour Ministry
28:08 Inadequate Enforcement On Behalf Of Workers
32:28 Thank You For Joining Us
Takeaways:
Workers’ Rights:
The UK's restrictive strike laws, particularly compared to international standards, undermine workers' bargaining power.
This imbalance makes it harder for unions to negotiate fair wages, secure better working conditions.
It also makes it harder to protect against unfair dismissal, ultimately leaving workers vulnerable to exploitation.
Inadequate Enforcement:
Despite the promise of a new Fair Work Agency, its limited powers and narrow focus raise serious doubts about its ability to protect workers.
Without the ability to prosecute employers or address a wider range of labor violations, the agency may struggle to prevent future mass dismissals and other abuses.
This situation will leave workers reliant on lengthy and costly legal battles to defend their rights - without much confidence of adequate compensation should they win.
Unions Blocked:
Although Labour's bill offers some positive changes, like simplifying ballot procedures, it falls short of addressing key obstacles to union organising and strike action.
Unions will still need to navigate complex legal hurdles and employer resistance to gain workplace access and effectively exercise their right to strike.
This highlights the need for strategic planning and continued advocacy for stronger worker protections.
Credits:
The IER podcast is sponsored by Thompsons Solicitors.
For Thompsons resources and advice on Trade Union law visit thompsonstradeunion.law
This podcast is produced for IER by Creative Kin.
To find out more, visit creativekin.co.uk/ier
Recorded at Creative Kin's London studios.
Studio Producer and Editor: Jason Caffrey
Theme Music: Daniel Jorgensen
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