Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the information contained in the Government’s report, including the recent enactment of the Employment Relations Act, 2004, which was the result of the review of the Employment Relations Act, 1999.

1. Unjustified discipline (sections 64-67 of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRA)). In its previous comments, the Committee had requested the Government to keep it informed of developments in respect of sections 64-67 of the TULRA, which prevent trade unions from disciplining members who refuse to participate in lawful strikes and other industrial action or who seek to persuade members to refuse to participate in such action. The Committee notes the information provided by the Government that the review of the Employment Relations Act, 1999 resulted in the Employment Relations Act, 2004, that amends section 67 by transferring responsibility from the Employment Appeal Tribunal to an employment tribunal for making certain compensatory awards and that in the current reporting period 17 tribunal complaints have been brought under section 66.

The Committee further recalls that it had requested the Government to keep it informed of any developments in respect of section 174 of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRA), which severely restricted the situations in which trade unions may exclude or expel individuals from membership. The Committee notes with interest that, by virtue of section 33 of the Employment Relations Act, 2004, section 174 of the TULRA has been amended to allow unions lawfully to exclude and expel individuals wholly or partly on the basis of conduct which consists of activities undertaken by an individual as a member of a political party.

Recalling once again that unions should have the right to draw up their rules without interference from public authorities and should be able to determine whether or not it should be possible to discipline members who refuse to comply with democratic decisions to take industrial action, the Committee requests the Government to continue to keep it informed in its future reports of any further developments concerning sections 64-67 of the TULRA so as to more fully ensure the rights of unions to draw up their rules and formulate their programmes without government interference.

2. Immunities in respect of civil liability for strikes and other industrial action (sections 223 and 224 of the TULRA). In its previous comments, the Committee had requested the Government to keep it informed in its future reports of developments in respect of the right of workers to take industrial action in relation to matters which affect them even though, in certain cases, the direct employer may not be party to the dispute, and to participate in sympathy strikes provided the initial strike they are supporting is itself lawful. The Committee notes that the Government reports that there are no developments in respect of the treatment of sympathy strikes under United Kingdom law and that principles of fairness and partnership at work have resulted in more harmonious relationships and the avoidance of conflict. The Committee further notes the Government’s indication that it believes that the restrictions on secondary and solidarity strikes reflect the United Kingdom’s experiences and needs and that its strike law gives sufficient scope for unions to protect the interests of their members. The Committee once again recalls that workers should be able to participate in sympathy strikes, provided the initial strike they are supporting is lawful, and to take industrial action in relation to matters which affect them even though the direct employer may not be a party to the dispute, and requests the Government to continue to keep it informed in its future reports of developments in this respect.

The Committee is raising a number of points in a request addressed directly to the Government.