By Mick Carty
National Policy Officer – RMT
Here is a summary of trade union rights related conclusions from the European Committee of Social Rights report on the UK in 2014. Full document available here:Â
Article 5 – Right to organise
Conclusion: The Committee concludes that the situation in the United Kingdom is not in conformity with Article 5 of the 1961 Charter, on the ground that legislation which makes it unlawful for a trade union to indemnify an individual union member for a penalty imposed for an offence or contempt of court, and which severely restricts the grounds on which a trade union may lawfully discipline members, represent unjustified incursions into the autonomy of trade unions.
Article 6 – Right to bargain collectively
Paragraph 1 – Joint consultation
Conclusion: The Committee concludes that the situation in the United Kingdom is in conformity with Article
6§1 of the 1961 Charter.
Article 6 – Right to bargain collectively
Paragraph 2 – Negotiation procedures
Conclusion: The Committee concludes that the situation in the United Kingdom is not in conformity with Article 6§2 of the 1961 Charter on the ground that workers and trade unions do not have the right to bring legal proceedings in the event that employers offer financial incentives to induce workers to exclude themselves from collective bargaining.
Article 6 – Right to bargain collectively
Paragraph 3 – Conciliation and arbitration
Conclusion: The Committee concludes that the situation in the United Kingdom is in conformity with Article 6§3 of the 1961 Charter.
Article 6 – Right to bargain collectively
Paragraph 4 – Collective action
Conclusion 24: The Committee concludes that the situation in the United Kingdom is not in conformity with Article 6§4 of the 1961 Charter on the grounds that:
- the possibilities for workers to defend their interests through lawful collective action are excessively limited;
- the requirement to give notice to an employer of a ballot on industrial action is excessive;
- the protection of workers against dismissal when taking industrial action is insufficient.
Article 2 – Right to just conditions of work
Paragraph 2 – Public holidays with pay
Conclusion: The Committee concludes that the situation in the United Kingdom is not in conformity with Article 2§2 of the 1961 Charter on the ground that the right of all workers to public holidays with pay is not guaranteed.
Article 2 – Right to just conditions of work
Paragraph 3 – Annual holiday with pay
Conclusion: The Committee concludes that the situation in the United Kingdom is in conformity with Article 2§3 of the 1961 Charter.
Article 2 – Right to just conditions of work
Paragraph 4 – Elimination of risks in dangerous or unhealthy occupations
Conclusion: The Committee concludes that the situation in the United Kingdom is not in conformity with Article 2§4 of the 1961 Charter on the ground that it has not been established that workers exposed to occupational health risks, despite the existing risk elimination policy, are entitled to appropriate compensation measures.
Article 2 – Right to just conditions of work
Paragraph 5 – Weekly rest period
Conclusion: The Committee concludes that the situation in the United Kingdom is not in conformity with Article 2§5 of the 1961 Charter, on the ground that there are inadequate safeguards to prevent that workers may work for more than twelve consecutive days without a rest period.
Article 4 – Right to a fair remuneration
Paragraph 1 – Decent remuneration
Conclusion: The Committee concludes that the situation in the United Kingdom is not in conformity with Article 4§1 of the 1961 Charter on the ground that the minimum wage applicable to workers in the private sector does not secure a decent standard of living.
Article 4 – Right to a fair remuneration
Paragraph 2 – Increased remuneration for overtime work
Conclusion: The Committee concludes that the situation in the United Kingdom is not in conformity with Article 4§2 of the Charter on the ground that workers do have no adequate legal guarantees to ensure them increased remuneration for overtime.
Article 4 – Right to a fair remuneration
Paragraph 4 – Reasonable notice of termination of employment
Conclusion: The Committee concludes that the situation in the United Kingdom is not in conformity with Article 4§4 of the 1961 Charter on the ground that notice periods are inadequate below three years of service.
Article 4 – Right to a fair remuneration
Paragraph 5 – Limits to wage deductions
Conclusion: The Committee concludes that the situation in the United Kingdom is not in conformity with Article 4§5 of the 1961 Charter, on the grounds that:
- it has not been established that the limits on deductions from wages equivalent to the National Minimum Wage are reasonable;
