In a crucial decision, the ILO Governing Body has voted in favour of seeking a resolution from the International Court of Justice (ICJ) over a long-standing dispute between workers’ and employers’ representatives related to the right to strike.

ILO jurisprudence effectively means that the right to strike derives under international law from ILO Conventions 87 (Freedom of Association) and 98 (Right to Organise and Collective Bargaining).

For nearly 10 years, there has been an impasse on the issue at the ILO between the worker representatives, who support the ILO jurisprudence, and the representatives of employers. Under the ILO Constitution, questions such as this can be sent to the ICJ.

In the vote held on 10 November, 19 government representatives on the Governing Body voted with the 14 worker delegates to send the issue to the ICJ. Just seven voted with the employer group, which also has 14 members, while two governments abstained.

Professor Keith Ewing, President of The Campaign For Trade Union Freedom said: “Although this is a move not without risk, it is essential nevertheless that the existence and scope of the right to strike are settled once and for all, and that national governments take steps fully to implement their international obligations.”

“The P&O affair reminds us why the right to strike in the widest terms is necessary if employer abuse is to be contained. The British government has been condemned again by the ILO Freedom of Association Committee for the pitiful state of British labour law, revealing the challenge for the ICJ if the gap between international law and national practice is to be closed”.

ITUC General Secretary Luc Triangle said: “The right to strike is fundamental for workers to get a fair deal and, as history shows, for democracy. We welcome this decision and look forward to putting our case to the ICJ. We are confident that this process will validate the decades of ILO jurisprudence on the right to strike in international law.”

TUC, Nautilus, RMT, ITF and ITUC have issued joint statement about the prospect of another P&O Ferries scandal without stronger labour laws

The UN workers’ rights watchdog, the ILO, has rebuked the UK government over failures following the P&O Ferries scandal, in which 800 seafarers were sacked illegally – and demanded that the UK beef up worker protections.

The ILO has called on the UK to increase sanctions on companies that ignore the law and ensure that workers can get their jobs back.

This ruling from the ILO’s committee on freedom of association follows a complaint by the TUC, Nautilus, RMT – and international union bodies the ETF and ITF, and ITUC.

This is the second time in months that the ILO has reprimanded the UK government.
In the summer, the UN workers’ rights watchdog slammed the UK’s anti-union drive and called on ministers to bring UK union laws into line with international law.

The TUC has also recently reported the Conservative government to the ILO’s committee of experts over the imposition of the draconian Strikes Act.

Joint union statement
The TUC, Nautilus and RMT have issued a scathing joint statement in the wake of the ruling, warning about the prospect of another P&O Ferries scandal if ministers fail to beef up protections.

Warning about another P&O Ferries scandal, the unions say:
“Today’s ruling by the UN workers’ rights watchdog – the ILO – highlights the government’s failure to impose proper sanctions on P&O Ferries and DP World.
“There is nothing to stop another P&O Ferries scandal from happening again under current UK law.
“Having feigned outrage at P&O Ferries’ actions, ministers have rowed back on their promise to clamp down on bad bosses and introduce a much-needed employment bill.
Criticising the failure of government to act in the wake of the scandal, the unions say:
“P&O Ferries’ brutal sacking of 800 dedicated seafarers in March 2022 was one of the most shocking episodes in modern industrial relations.
“Despite admitting acting illegally, P&O Ferries have faced no sanctions and have been let off the hook for their appalling treatment of staff.
“Conservative ministers haven’t lifted a finger. They should have come down like a tonne of bricks on P&O Ferries and their parent company, DP World.
“Instead they have they have spent at least £600,000 on P&O Ferries’ services, offered lucrative freeport contracts to DP World, and turned a blind eye to P&O Ferries’ disgraceful behaviour.
On the ruling, the unions say: “As the ILO makes clear, this can’t go on. Without a proper sanctions regime, rogue employers like P&O Ferries will continue to get away with treating staff like disposable labour.
“We need to drag our outdated employment laws into the 21st century.
“This is why we need a new deal for working people – like Labour is proposing – to ensure that everybody is treated with dignity and respect at work.
“For too long parts of our labour market have been like the wild west – with some seafarers particularly exposed to hyper-exploitation and a lack of enforceable rights.
“Secure and fair work is vital for a healthy, and prosperous workforce and for a thriving economy.”

Full joint union statement:
P&O Ferries’ brutal sacking of 800 dedicated seafarers in March 2022 was one of the most shocking episodes in modern industrial relations.
Despite admitting acting illegally, P&O Ferries have faced no sanctions and have been let off the hook for their appalling treatment of staff.
Conservative ministers haven’t lifted a finger. They should have come down like a tonne of bricks on P&O Ferries and their parent company, DP World.
Instead they have they have spent at least £600,000 on P&O Ferries’ services, offered lucrative freeport contracts to DP World, and turned a blind eye to P&O Ferries’ disgraceful behaviour.
There is nothing to stop another P&O Ferries scandal from happening again under current UK law.
Having feigned outrage at P&O Ferries’ actions, ministers have rowed back on their promise to clamp down on bad bosses and introduce a much-needed employment bill.
As the ILO makes clear, this can’t go on. Without a proper sanctions regime, rogue employers like P&O Ferries will continue to get away with treating staff like disposable labour.
We need to drag our outdated employment laws into the 21st century.
This is why we need a new deal for working people – like Labour is proposing – to ensure that everybody is treated with dignity and respect at work.
For too long parts of our labour market have been like the wild west – with some seafarers particularly exposed to hyper-exploitation and a lack of enforceable rights.
Secure and fair work is vital for a healthy, and prosperous workforce and for a thriving economy.

TUC, ITF, ITUC, Nautilus, RMT