Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 3 of the Convention. The Committee’s previous direct request concerned comments made by the Trades Union Congress (TUC) to the effect that union representatives do not enjoy a general right of access to workplaces and, in particular, that a trade union has no right of access to speak to a worker it may be accompanying in a disciplinary or grievance hearing, and indeed the employer can deny the union the right of access to the workplace even in these circumstances.

In its previous comments, the Committee noted the information provided by the Government that: work was under way on revising the code of practice on time off for trade union duties and activities issued by the Advisory, Conciliation and Arbitration Service (Acas); and it was true that full-time trade union officials enjoyed few legal rights to enter the premises of employers, such matters usually being determined by agreement between an employer and a trade union. The Committee takes due note of the indication in the Government’s latest report that the Acas Code of Practice on Time Off for Trade Union Activities and Duties provides practical guidance on these rights and a revised version of the Code came into effect on 1 January 2010. In addition, prior access is encouraged by Acas-issued guidance on disciplinary measures and grievances at work. The Committee requests the Government to continue providing information in relation to workplace access in its future reports.

In its previous comments, the Committee noted the TUC’s indication that, under section 223 of the Trade Union and Labour Relations Act (TULRA), disputes designed to secure the reinstatement of workers who have been dismissed for taking part in an unofficial strike are unprotected, and that this lack of protection applies regardless of the cause of the unofficial action. The Committee notes the Government’s indication in its latest report that it considers it important to ensure that unofficial industrial action does not cause widespread economic disruption and therefore there are no plans to amend this section. The Committee reiterates that lawfully organized industrial action in support of workers dismissed for undertaking unofficial strike action should be considered as legitimate action for which the maintenance of the employment relationship is protected. The Committee therefore requests the Government to provide information on any measures taken or contemplated to amend section 223 of the TULRA with a view to ensuring the protection of official industrial action organized in conformity with the law, even if it is aimed at securing the reinstatement of workers dismissed for taking part in an unprotected strike.