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Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - United Kingdom of Great Britain and Northern Ireland (Ratification: 1950)

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The Committee notes that sections 23 and 58 (as amended) of the Employment Protection (Consolidation) Act, 1978 provide a measure of protection against discriminatory treatment on grounds of union membership or activity. The Committee also notes that section 24 of the Act provides for the payment of compensation to workers who have been subjected to discriminatory action short of dismissal - such compensation being calculated in accordance with section 26. Sections 67-79, meanwhile, deal with compensation or reinstatement for workers who have been dismissed in contravention of section 58.

These provisions clearly have an important bearing on the effect which is given to Article 1 of the Convention. Accordingly, the Committee asks the Government to provide detailed information as to the numbers and outcomes of cases under sections 23 and 58 in recent years. Where appropriate, the Government is asked to provide copies of relevant tribunal decisions.

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