New U.K. union law

Press, 26 September 1988, Page 20

New U.K. union law

THE main provisions of Britain’s Employment Act 1988 came into force on July 26, giving workers and trade union members even more individual rights. The new act, passed in May but not fully effective until now, means that trade unions can no longer force workers into membership through closed-shop agreements. Nor can they call for strike action without a secret ballot without risking legal action from their own members, independent postal ballots are also now required for al! elections of • principal trade union officers. Unions can no longer take disciplinary action against member who refuse to take part in industrial action. Members gain the right to inspect their union’s accounting records and it became unlawful for union property to be used to indemnify individuals for penalties imposed by a court. The act also contains provisions for a commissioner or “ombudsman” to assist union members in enforcing their statutory rights. The Department of Employment has just issued a comprehensive guide to the provisions of the act.

Commenting on publication of the guide, the Employment Secretary, Mr Norman Fowler, claimed that the provisions “sub-

stantially improve the rights of trade union members.” He elaborated on this in a speech to the Industrial Society, where he said: “I think no-one now questions the impact of the Government’s trade union legislation. “We have seen fundamental changes over the last ten years. The clearest indication of this is the record on strikes. In the 1970 s we lost an average of 13 million working days a year through strikes. The figure for the 12 months up to March this year was 2.5 million.” He also emphasised the new climate for employers, who are now free to decide for themselves whether or not to recognise trade unions. He said: “They can in general negotiate pay rates free from external interference. They are free to take legal action against unaccaptable forms of industrial action and against strikes which do not have majority support in a secret ballot." And he claimed that the courts had shown these were “not just paper rights” but were effective in practice. The Employment Secretary said that unions in future would have to attract and keep members only by convincing them that they could serve their real interests, and they would have to convince employers that they

were worth recognising and negotiating with. “In many cases,” he said, “that will mean a single union and no strike agreements.”

There have been significant changes in the trade union movement since 1979. In particular, membership has fallen from a peak of 13.2 million to 10.6 million in 1987. But many unions have tried to adapt to workers’ new aspirations. Several now offer private health insurance, and one of the largest offers its own credit card scheme and cheaper mortgages. Others provide family holidays. Several unions are also looking to the future by advising members about training. One has opened its own training centre, with an eye on the mid-1990s when Britain is expected to suffer some skills shortages because of changing demographic trends. The general improvement in industrial relations in Britain, which the new Employment Act seems likely to enhance, is also seen as a major factor in Britain’s ability to capture the lion’s share of foreign investment in Europe. In all 303 foreignowned companies invested in Britain last year, the third successive year the total of new investments has exceeded 300. London Press Service