The Future of Employment Law: Which way for the Next Manifesto?

By Carolyn Jones, (overview). Institute of Employment Rights

Will a re-elected Labour Government listen to
calls from trade unions and their members for further changes in employment and trade
union rights or is the government firm in its belief that a final settlement has been
reached?
To discuss these issues, the Institute of Employment Rights organised a one-day
conference, sponsored by Thompsons Solicitors. An excellent platform of trade union speakers first presented practical examples to highlight the strengths and weaknesses of current legislation. Then the Institute's own legal and academic experts considered what further action is required to bring UK law in line with international standards.

A highlight was the presentation of Professor Keith Ewing as he addressed the legal problems facing unions in relation to the existing recognition procedures. He identified three main problems. First, the space in the procedures allowed for bogus unions such as NISA (News International Staff Association). He outline how News International had exploited a weakness in the law and used an in-house "union" to prevent recognition of bona-fide independent unions.

This problem was compounded he claimed by the complex derecognition procedure and the fact that such a procedure had to be triggered by an individual rather than a union - a difficult task in an anti-union atmosphere. Problems with access to the workplace and the workforce made it near impossible for a union to break through. Again Keith noted how the law was in breach of ILO Convention 98 and specifically forbidden in other countries - including the USA.