Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information supplied by the Government in its report.

1. Article 1 of the Convention. The Committee had previously noted that section 3 of the Employment Relations Act, 1999, enabled the Secretary of State to make regulations prohibiting blacklisting on the basis of union membership or activities and had expressed the hope that such regulations would be adopted rapidly. The Committee notes with interest the Government’s statement that it intends to consult on draft regulations stressing that workers should enjoy real and effective protection against dismissal in 2001. The Committee requests the Government to keep it informed of progress made in adopting these draft regulations.

2. Article 4. In its previous comments, the Committee had noted with interest that the Employment Relations Act contained provisions for trade union recognition for the purposes of collective bargaining. The Committee had also requested the Government to specify how voluntary collective bargaining was promoted where (i) there were less than 21 employees; or (ii) a majority of the workers were not members of a particular union and the union did not secure 40 per cent of the workers in the bargaining unit. Finally, as recognition rights appeared to be granted for a period of three years, the Committee had requested the Government to provide information concerning the applicability of a collective agreement that did not expire at the same period as the period of recognition. The Government indicates that in smaller firms, union membership and recognition are usually low. However, the Advisory, Conciliation and Arbitration Service (ACAS) stands ready to assist organizations of all sizes to improve their industrial relations and can help parties resolve differences about union recognition where they arise. This assistance can be given to small companies and larger organizations where a recognition application under the statutory procedure has been unsuccessful. With regard to the 40 per cent statutory threshold in recognition ballots, the Government states that it will review this level, as well as the small firms’ exemption from the statutory recognition procedure, after the statutory procedure has fully bedded down. No date for the review of these thresholds has yet been set. Finally, the Government provides clarification to the effect that the recognition awarded under the statutory procedure lasts in perpetuity, unless the parties agree otherwise or the employer succeeds in using the parallel statutory procedure to derecognize the union. However, an employer cannot use the derecognition procedure until three years have elapsed since the recognition award was made. At the time of derecognition, where a collective agreement covers substantive terms and conditions of employment, these will normally be incorporated into the contracts of employment of the individual workers comprising the bargaining unit. The Government points out that the contracts of employment will continue in existence after derecognition and can only be amended with the consent of the workers concerned. The Committee takes due note of this information.

3. With respect to the Schoolteachers’ Review Body (STRB), the Government indicates that under the School Teachers’ Pay and Conditions Act, 1991, issues relating to pay, working time and professional duties are considered by the independent STRB. The latter’s recommendations are contained in its report to the Secretary of State for Education and skills each year. The Government’s normal practice is to implement STRB recommendations. The various trade unions representing teachers, as well as employer interests (and the Department for Education and Skills) submit their recommendations to the STRB and the Secretary of State consults the trade unions and employer interests on those recommendations before they are put into legislation. According to the Government, consultation frequently results in detailed adjustments to guarantee fairness in the operation of changes to teachers’ pay and conditions. For example, when performance threshold assessment was introduced with effect from September 2000, the Government worked closely with the unions to build in procedures for teachers who felt they had been wrongly assessed and for teachers in unusual settings. Another example was the introduction in April 2001 of a discretion for schools to pay recruitment and retention allowances in the form of a lump sum at the end of a period of unbroken service of up to three years. Consultation with the employers and unions enabled the Government to work out the necessary details including pension implications and compassionate circumstances in which a lump sum could be paid despite a break in service. Finally, the Government indicates that it does not place financial limits on the STRB but gives details of the local government funding settlement and says that the Secretary of State wants pay settlements that are affordable. The last pay round’s recommendation for a general increase of 3.7 per cent was implemented in full. Finally, the Government points out that total spending for schools in England will increase by £1.9 billion in 2001-02. The Committee notes this information and trusts that the review machinery will continue to function in practice in a manner that will not hamper the freedom of  collective bargaining.