Demande directe (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

The Committee takes note of the information contained in the Government’s report, and the enactment of the Employment Relations Act 2004.

1. Definition of trade dispute (section 244 of the Trade Union and Labour Relations Act of 1992 (TULRA)). The Committee had requested the Government to keep it informed of measures taken or intended to remedy the situation whereby due to the restrictive definition of trade disputes, workers in practice lose the common law protection against breach of employment contract and, therefore, are prevented from using an essential means of defending their interests. The Committee notes the Government’s indication that there were no developments to report in this area and that it had studied the comments of unions on this matter as part of the review of the Employment Relations Act 1999, which concluded that the law is working adequately. The Committee recalls once again that the right to strike is an essential means by which trade unions may defend their interests, and requests the Government to keep it informed in its future reports of any developments in this regard.

2. Review of the 1999 Employment Relations Act. The Committee had requested the Government to keep it informed of the progress and results of the review of the Employment Relations Act 1992, including on issues that were raised in its previous comments on the basis of observations made by workers’ organizations such as UNISON in respect of pre-ballot and pre-strike notices, and in particular the interpretation of the amendments brought to section 226A(2)(c) of the TULRA, and on issues raised in its previous observations. The Committee observes that the review in question resulted in the Employment Relations Act 2004, and notes with interest the following developments:

(a)  Protected period for employees taking lawful industrial action. By virtue of sections 26-28 of the Employment Relations Act 2004, this period is extended by ensuring that the equivalent number of days during which employees are locked out by the employer are added to the basic 12-week period of protection, and defining more clearly procedural requirements on the employer.

(b)  Inducements to become or not to become trade union members. Section 29 of the Employment Relations Act 2004 introduces a new section 145A into the TULRA giving workers the right not to have an offer made where its sole purpose is to induce the worker not to be, or seek to become, a member of a union, not to take part in union activities, or not to use union services.

(c)  Means of voting in balloting and elections. Sections 52-54 of the Employment Relations Act 2004 increase the methods by which unions may conduct ballots and elections.

3. Section 59 of the Merchant Shipping Act 1995. The Committee notes the clarifications provided in the Government’s report.