Y a-t-il un droit à la représentation syndicale en Grande-Bretagne ?

Abstract

The aim of this paper is to show that the European Court of Human Rights (ECrHR) decisions may exercise a particular influence on the promotion of Human Rights of workers within the British legal order. In that perspective, I will first study the Wilson and Palmer cases in their British context so as to grasp their resulting from a hostile environment towards trade unionism and collective bargaining. The ECrHR decision which came about on 2nd July 2002, corroborates the State’s obligation to guarantee trade union representation rights and, to prohibit discriminatory action on this ground. I will then see how this decision, so much awaited by trade union circles, served as a starting point for the setting up of a parliament bill which is intended to ensure conformity of British law to the ECrHR decision. This bill was submitted to the House of Commons on 2ndDecember 2003 and proposes, on the one hand, the introduction of trade union representation rights on an individual basis and, on the other, a ban on incentives to quit union representation. Finally, though I recognise the value of this first step I propose to conclude this article on some critical appraisal of the proposed bill with regard to the spirit of the ECrHR decision.