Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

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

Other comments on C098

Observation

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Article 1 of the Convention. Protection against anti-union discrimination. In its previous comments, noting the Government’s indication that it had become aware of blacklisting within the construction sector, the Committee had requested the Government to inform it of the development of regulations in relation to blacklisting of individuals on the basis of their trade union membership or activities. The Committee notes with satisfaction the coming into force of the Employment Relations Act 1999 (Blacklists) Regulations 2010 that prohibit the compilation, use, sale or supply of blacklists containing details of trade union members or persons taking part in trade union activities, the purpose of which is to discriminate against workers on grounds of trade union membership and activities. The Government further indicates in its report that regulations to prohibit blacklisting of trade unionists in Northern Ireland were approved by the Northern Ireland Assembly on 10 June 2014; and that it has referred allegations of continued blacklisting made by the Scottish Affairs Committee in July 2013 and April 2014 to the Information Commissioner’s Office.

The Committee notes that the Trades Union Congress has raised a number of points in relation to the effectiveness of the regulations in a communication annexed to the Government’s report and invites the Government to respond to these concerns and to provide information on any complaint filed and ensuing decisions taken by the public authorities. The Committee welcomes the steps taken by the Government to refer the allegations of continued blacklisting in Scotland to the Information Commissioner’s Office. The Committee requests the Government to provide information on developments in this regard and to submit elements relating to the effectiveness of the blacklisting prevention mechanism in the entire territory.