Fairness at Work: A Critical Analysis of the Employment Relations Act 1999 and Its Treatment of Collective Rights

Abstract

Introduction: the case for the pressures on New Labour - no going back, a flexible and efficient labour market, appeasing the employer and trade union lobby the solution presented by - its dimensions - who are the partners?, the centrality of individual choice, the voluntary aspect of partnership, partnership as a non-confliction relations, rights and responsibilities the application of these principles in the Employment Relations Act 1999. Individual rights to freedom of association: introduction the right to be accompanied in disciplinary and grievance hearings - the content of the right, support for trade unions?, improving workplace relations? protection from blacklisting - weaknesses of the blacklisting provisions, strengthening freedom of association? protection for trade union members against discrimination - the Wilson/Palmer litigation, acts versus omissions, incentives to contract out of collective bargaining protection for workers in the recognition process rights of striking employees to protection from unfair dismissal - participation in industrial action after the Tory years, circumscribed New Labour protection, implications for partnership conclusion. Trade union autonomy: introduction independence of trade unions under international and domestic law democratic procedures within trade unions - historical background, international labour standards, the refusal to return to self-regulation scrutiny of trade union governance - CRTUM, CPAUIA and the Certification Officer, the rationale for reform conclusion. Trade union recognition and derecognition: introduction historical and political context - mistakes of the past - the historical legacy, the joint statement of the TUC and CBI - the political trade-off the content of Schedule A1 - procedures for achieving trade union recognition and derecognition, the consequences for collective bargaining, enforcement of the collective agreement relating to terms and conditions of employment, the institutional actors in the statutory recognition procedure conclusion - the implications of Schedule A1. Industrial action: introduction the failure to introduce a positive right to strike trade union responsibility for protection from dismissal the scope of statutory immunity for trade unions - the lawful aims of industrial action, changes to balloting and notification requirements conclusion. A revised role for trade unions - information, consultation, representation and partnership: introduction information and consultation of recognised trade unions - training, transfers of undertakings and collective redundancies, European Works Councils trade unions to accompany individuals the partnership fund conclusion. Conclusion: new labour's - the role envisaged for trade unions. (Part Contents).