protecting worker solidarity action: a critique of international labour law

Protecting worker solidarity action: a critique of international labour law by Paul Germonetta

This paper considers ILO standards on international worker solidarity action. The central argument of the book is that in a globally-integrated capitalist economy, workers need strict legal protection if the right to take international solidarity action is to become a reality. The author discusses the most commonly used restrictions placed on such action before concluding that none are of sufficient importance to warrant the curtailment of this basic right.
According to the author, worker solidarity action is an essential tool for advancing the social, political, organisational and ideological objectives of the labour movement in the global economy. However, for this tool to be effective, legal restrictions need to be removed and unions need to develop their capacity to engage in solidarity action. The author then goes on to offer suggestions and policy proposals to achieve both these objectives.
A5; 68pp; ISBN 1 873271 95 6; Price for trade unions and subscribers £6.50; others £20; June 2002

Labour Law Review 2002

labour law review 2002 by Jennifer Eady and Rebecca Tuck

The extended length of this year’s Labour Law Review reflects the increasing significance of the law at work. New statutory developments and continuing judicial interpretations may offer new opportunities but they also add to the complexity facing trade unionists at work. The aim of this Review is to clarify these developments and highlight the main implications of the leading cases.
The Review looks for the first time at CAC cases involving the statutory recognition procedure; it looks at important decisions relating to industrial action – including new judicial restrictions surrounding the conduct of ballots; on health and safety the Review covers stress at work and looks at the implications of the Fairchild case on asbestos. The Review considers the operation of the Working Time Regulations, the Human Rights Act, developments around TUPE and looks at the extended European obligations in relation to discrimination.
This year’s Review is dedicated to Dave Wilson in celebration of his victory at the European Court of Human Rights where it was agreed that the restrictive nature of current UK laws violates the rights of workers to join trade unions for the protection of their interests.
A5; 44pp; ISBN 1 873271 96 4; September 2002; Price for trade unions and subscribers £3; others £10; September 2002

A Charter of Workers' Rights

a charter of workers' rights edited by Professor Keith Ewing and John Hendy QC

The Charter of Workers' Rights was launched at a fringe meeting at TUC Congress on Monday 9th September 2002.
In 2001 the TUC Congress called for the development of a Workers' Charter. Since then, the Institute has been working with unions, academics and lawyers to develop ideas for such a Charter.
The end result is an impressive report outlining the economic, social and international reasons why a Charter is required. The report has been sponsored by unions large and small with 28 logos included on the cover. It also includes a Foreword from John Monks, General Secretary of the TUC.
The Charter itself has been produced in two forms:
* a 176 page book (edited by Professor Keith Ewing and John Hendy QC) which sets out detailed ideas on how to improve individual and collective rights at work. These ideas are presented alongside ideas for an alternative economic framework - a framework that promotes economic efficiency and social justice. It also provides a detailed chapter on why such a Charter is required with specific emphasis on the extent to which the UK fails to meet international standards and obligations. Finally, the book outlines the fundamental values upon which the Charter should be based which include social inclusion, equality, dignity and respect, freedom and solidarity and fairness and security.
* a summary version which focuses on a 10 point Charter and outlines point by point those international instruments which the UK has ratified but fails to honour.
The Charter book: 210×135mm; 176pp; ISBN 1 873271 97 2; Price for trade unions and subscribers £12; others £30; September 2002
The Charter summary: 210×99mm; 20pp; ISBN 1 873271 98 0; Price for trade unions and subscribers £5; others £10; September 2002

Federation News: International Trade Union Rights

Protecting and Promoting International labour standards. Edited by John Hendy and Carolyn Jones

There could surely not be a more appropriate time to consider how best to promote, protect and extend international law than now amidst the anguish of war. This edition of Federation News focuses specifically on standards relating to the rights of trade unions and their members.

John Hendy, QC begins by highlighting the UK’s shameful defiance of international standards. He argues that such behaviour should not simply be seen as an item for discussion at trade union education courses. Rather recognising and upholding international standards should form the central argument for repealing and replacing the worst aspects of UK laws. He puts forward a number of strategies for improving the situation, both at national and international level and urges trade unions to pursue them all.

Who is the Employer?

who is the employer? by Fang Lee Cooke, Jill Earnshaw and Jill Rubery

This new report looks at the growing complexity of the employment relationship, the shift towards individual statutory employment protection and the need for trade unions to organise and bargain beyond the enterprise level if terms and conidtions of employment are to be defended and extended. Based on original research, the authors outline the nature of the new forms of employment including agency workers, self-employed, outsourced work, PPP and PFI arrangements and use a call centre as a case study to highlight the multi-agency nature of the modern employment relationship. The paper concludes by suggesting six areas of policy and employment law changes aimed at identifying where the real power lies in the employment relationship, thereby providing better protection for those working in multi-employer situations.
A5; 64pp; ISBN 1 873271 99 9; Price for trade unions and subscribers £6.50; others £20; October 2002

Implementing the Information and Consultation Regulations

Implementing the Information and Consultation Directive in the UK: lessons from Germany by Glynis M Truter

In 1997 British workers were promised fairness at work and a new approach to labour relations based on social partnership – a vision welcomed by the TUC. The most commonly discussed model of social partnership was that operating in Germany, with particular reference to German-style ‘consultation’ rights. Also welcomed was the EC Information and Consultation Directive – due to be implemented by March 2005.
As the Government now consults about how best to transpose the Directive into UK law, this paper examines the German model of collective bargaining and worker participation and asks to what extent UK workers can expect the Directive to deliver anything approaching the German model?
According to the author, the Directive is deficient in a number of respects, not least because of the British government’s campaign to dilute its contents. It is argued that the current framework of UK employment law will prevent the Directive being introduced into the UK in a way that will realise the TUC’s vision of partnership in the workplace. The author identifies two main stumbling blocks: first, the lack of collective bargaining at sectoral level. Second, the lack of coherent participation rights at enterprise level.
The conclusion of the author is that the minimalist approach adopted by the government suggests that the promise of fairness and partnership at work has been abandoned. However, she goes on to suggest a number of positive measures for trade unions to consider which, if implemented, could improve the likely impact of the Directive.

A5; 52pp; ISBN 0 9543781 0 5; Price for trade unions and subscribers £6.50; others £20; May 2003

Federation News: Trade Unions and Society

Federation News: Trade Unions and Society: delivering fairness, social justice, peace and equality. Edited by Andrew Harvey and Carolyn Jones

This edition of Federation News focuses on the added benefits unions bring to the workplace, to the community, to the economy and to society at large. The breadth of issue covered in this edition, reflects the variety of ways in which unions can and do work with their members to offer a better vision of society.