The IER compiled a chronology of employment and trade union legislation introduced between 1979 and 2000 with the aim of exposing the impact of Tory-inspired legislation for trade unionists.

That chronology has since been updated by Jonathan Jeffries and now extends to 2008

1980 Employment Act (Jim Prior)

• Definition of lawful picketing restricted to own place of work

• 80% ballot needed to legalise a closed shop

• Funds offered for union ballots

• Restricted right to take secondary action

• Code of practice (six pickets)

• Repeal of statutory recognition procedure

• Restricts unfair dismissal and maternity rights

• Unfair dismissal rights from 1 year to 6 months in companies under 20

1982 Employment Act (Norman Tebbitt)

• Further restrictions on industrial action – eg. definition of trade dispute

• Further restricted action to ‘own’ employer

• Employers could obtain injunctions against unions and sue unions for damages

• 80% rule extended to ALL closed shops every 5 years

• Compensation for dismissal because of closed shop

• Removed union only labour clauses in commercial contracts

1984 Trade Union Act

• EC elections every 5 years by secret ballot

• Political fund ballots every 10 years

• Secret ballots before industrial action

1986 Public Order Act

• Introduced new criminal offences in relation to picketing

1988 Employment Act (Norman Fowler)

• Unions to compensate members disciplined for non-compliance with majority decisions

• Members can seek injunction if no pre-strike ballot

• Union finances to be open to inspection

• Unions prevented from paying members’ or officials’ fines

• Action to preserve post entry closed shop made unlawful

• New restrictions on industrial action and election ballots

• Ballots for separate workplaces

• Ballots for non-voting EC members

• Election addresses controlled

• Independent scrutiny

• Establishment of CROTUM

1989 Employment Act

• Tribunal pre-hearing review and proposed deposit of £150

• Removal of restrictions on the work of women and young workers

• Exemption of small employer from providing details of disciplinary procedures

• Restricts time off with pay for union duties

• Written reasons for dismissal now require 2 years’ service

• Redundancy rebates abolished

• Abolition of training commission

1990 Employment Act

• Attack on pre-entry closed shop – unlawful to refuse to employ non-union member

• All secondary action now unlawful

• Unions liable for action induced by ANY official unless written repudiation using statutory form of words sent to all members

• Selective dismissal of strikers taking unofficial action

• Extended power of CROTUM

1992 Trade Union & Labour Relations (Consolidation) Act

• Brings together all collective employment rights including trade union finances and elections; union members’ rights including dismissal, time off; redundancy consultation; ACAS, CAC and CROTUM; industrial action legislation

• Does not cover individual rights like unfair dismissal, redundancy pay, maternity etc (these are covered by 1978 EPCA)

1993 Trade Union Reform and Employment Rights Act

• Individuals can seek injunction against unlawful action

Trade Unions:

• Creation of Commissioner for Protection Against Unlawful Industrial Action

• 7 days notice of ballots and of industrial action

• Members to be involved in ballot to be identified

• Attack on Bridlington procedures

• Written consent for check-off every three years

• Financial records, including salaries, to be available

• Checks on election ballots

• Independent scrutiny of strike ballots

• All industrial action ballots to be postal

• Postal ballots on union mergers

• New powers for Certification Officer to check union finances

• Higher penalties against unions failing to keep proper accounts

• ‘Wilson/Palmer’ Amendment (sweeteners to those moving to individual contracts)

Individuals (EC inspired):

• Maternity leave increased to 14 weeks with no length of service requirement

• Right to written statement within 8 weeks for those working over 8 hours a week

• Unlawful to dismiss H&S rep in course of duties AND those walking off unsafe site

• Right of individual to challenge collective agreement in contravention of equal treatment terms

• Changes to Transfer of Undertakings Regulations

• Changes to redundancy terms (consultation)

Miscellaneous

• Abolition of Wages Councils

• Changes to Tribunals and EAT procedures

• Career services out of Local Authority control

1996 Employment Rights Act

Employment Particulars

• Written statement of employment particulars required setting out terms and conditions of employment

• May include references to applicable collective agreements

• Must specify disciplinary rules and grievance procedures

• Protection of Wages and Guarantee Payments

• Unauthorised deductions not permitted subject to exceptions, including participation in industrial action, overpayment, cash shortages or stock deficiencies

• Pay for workless day guaranteed to maximum per day

• Sunday Working: Shop and betting workers may refuse Sunday work if employed prior to Sunday legislation commencement date, those employed after may opt out with three months notice

• Protected Disclosures: Amendments from Public Interest Disclosure Act 1998 provide protection for disclosure of specified matters including worker health and safety and damage to environment

• Detriment in Employment: Protection from employer retaliation including health and safety activities, refusal to carry out unsafe work, refusal to work Sundays if protected worker, refusal to work contrary to Working Time Regulations 1998, carrying out representative duties, taking family or domestic leave

Family, Domestic, Maternity, Parental and Other Leave

• Entitlement to time off for to make domestic arrangements or look for work if declared redundant

• Time off for medical appointments for pregnant employee, maternity leave no less than 18 weeks and parental leave up to 13 weeks, employment protection and right of return

Termination and Unfair Dismissal

• One month minimum notice period for termination or resignation, may agree to pay in lieu, employee entitled to written statement of reasons for dismissal

• Must be employed one year for unfair dismissal complaint, subject to exceptions such as for taking protected industrial action, exercising health and safety rights, acting as employee representative

• Complaint to be within three months of dismissal

• Compensatory award cap

Redundancy Payments

• Eligibility two years continuous service, normal retiring age excepted, claim must be made within six months, weekly cap

• Entitlement where employer ceasing to carrying on business for which employee employed or lay off/short time for four consecutive weeks, six in thirteen weeks

1996 Employment Tribunals Act

• Employment [then “industrial”] tribunals to cover all matters arising out of employment contracts along with specified duties set out in various Acts

• Tribunal to consist of a chair and representative of employee and employer interests, subject to agreement otherwise

• Person may appear in person or with representative

• Tribunal panel may conduct own review of decision in limited circumstances

• Employment Appeal Tribunal to hear appeals from tribunal decisions on questions of law only under Employment Rights Act 1996, also appeals under various other Acts

• Cases heard by judge and members appointed equally from employee and employer interests

1998 Employment Rights (Dispute Resolution) Act

• Renames industrial tribunals as employment tribunals

• Amends Trade Union Labour Relations (Consolidation) Act 1992 to provide for complaints to employment tribunal over employer deductions for political fund where objections or exception, also to provide for non-mandatory arbitration process for unfair dismissal complaints under TULRA through Advisory, Conciliation and Arbitration Service (ACAS)

1998 Public Interest Disclosure Act

• Protects persons making disclosures in public interest through amendments to Employment Rights Act 1998 and Trade Union Labour Relations (Consolidation) Act 1992

1998 National Minimum Wage Act

• National minimum wage for those over 18, subject to exceptions for training, volunteer work, residents in charities and religious communities

• Low Pay Commission to recommend minimum rate changes and coverage

1998 Working Time Regulations

• Implements EC Directive with respect to maximum working hours (subject to individual agreement); rest breaks, annual leave

*Does not apply to specified sectors, including air, rail, road and sea, armed forces and police

• Subject to modification under collective agreements

1998 Human Rights Act

• Give effect to European Convention on Human Rights with respect to specified provisions

*Protection from discrimination by public authority, including those whose functions are of a public nature

• UK legislation (primary and subordinate) to be read consistent with Act

• Provisions to fast-track changes to legislation found incompatible

• Court remedy declaration and compensatory; Parliament to make any legislative changes

• Minister must make statement of compatibility with Act on introducing new legislation

1999 Employment Relations Act

• Amendments to Trade Union Labour Relations (Consolidation) Act 1992

• Recognition and negotiation procedures for employers with at least 21 workers, establishment of bargaining unit

• Derecognition from loss of trade union independence or majority support of bargaining unit

• Complaint process for use of political funds and breach of union disciplinary, electoral or other internal rules

• Dismissal for participation in official industrial action deemed unfair

• Ballot and notice provisions for strike or industrial action

Disciplinary and Grievance Hearing

• Employee permitted to bring companion, who may be trade union official or representative to any hearing

• Employer not required to have process, Code in regulations provides guidelines

• Disciplinary hearing and grievance hearing defined

Other Provisions

• Part-time workers to be treated no less favourably; non-enforceable Code to eliminate discrimination

• Abolishes offices of Commissioner for Rights of Trade Union Members and Commissioner for Protection Against Unlawful Industrial Action

• Funds to be provided to assist in developing employment partnerships

• Regulation of employment agencies

• Regulation with respect to treatment of employees in transfer of undertakings (EC)

• Amends Employment Rights Act and TULRA to prevent complaint over unfair dismissal if action for purposes of national security

1999 Disability Rights Commission Act

• Establishes Commission to work towards elimination of discrimination against disabled persons and conduct ongoing review of Disability Discrimination Act 1995

• Action plan may be established to remedy discrimination;

• Commission may apply for injunction where discrimination persistent

2000 Regulatory Investigatory Powers Act

• Consolidates investigatory powers including surveillance and interception of communications (public and private)

• Designed to ensure compliance with human rights requirements

2002 Employment Relations Act (EA)

• an increase in the period of maternity leave to six months’ paid maternity leave followed by up to six months’ unpaid leave.

• the introduction of a new right to two weeks’ paternity leave paid at the same standard rate as SMP. This is in addition to the existing right to 13 weeks’ parental leave.

• similar entitlements for adoptive parents (who have no right to paid leave at present).

• award costs against a party’s representative for conducting the proceedings unreasonably (though ministers have made it clear that this will not apply in the case of representatives of ‘not-for-profit’ organisations, eg trade union officers); and

• order one party to make payments to the other in respect of the time spent in preparing for a case.

• amended rules governing employers’ handling of parental leave and pay issues.

• award costs against a party’s representative for conducting the proceedings unreasonably (though ministers have made it clear that this will not apply in the case of representatives of ‘not-for-profit’ organisations, eg trade union officers); and

• order one party to make payments to the other in respect of the time spent in preparing for a case.

• The Act also provides the basis for amending employment tribunal rules to introduce a fixed period for conciliation by the Advisory, Conciliation and Arbitration Service (ACAS), and a tougher approach to so called “ weak” cases.

• The Act introduces a new statutory right to paid time off work for trade union ‘learning representatives’,

2004 Employment Relations Act

• measures to tackle the intimidation of workers during recognition and derecognition ballots by introducing rules which define improper campaigning activity by employers and unions.

• measures to improve the operation of the statutory recognition procedure. For example, the appropriate bargaining unit; clarifies the “topics” for collective bargaining; allows unions to communicate with workers at an earlier stage in the process, and clarifies and builds upon the current legislation relating to the supply of information to the Central Arbitration Committee and the Advisory Conciliation and Arbitration Service (Acas);

• provisions to increase the protections against the dismissal of employees taking official, lawfully-organised industrial action by extending the “protected period” from 8 to 12 weeks; exempting “lock out” days from the 12 week protected period;

• procedural steps to resolve industrial disputes and measures to simplify the law on industrial action ballots and ballot notices;

• measures to widen the ability of unions to expel or exclude racist activists and others whose political behaviour is incompatible with trade union membership.

• a power for the Secretary of State to make funds available to independent trade unions and federations of trade unions to modernise their operations (see Written Statement of 10 February 2004);

• measures to implement the European Court of Human Rights judgment in the case of Wilson & Palmer, which ensure that union members have clear rights to use their union’s services, and cannot be induced by employers to relinquish essential union rights or dissuaded from seeking union recognition;

• measures to improve the operation of some individual employment rights such as a clarification of the role of the companion in grievance and disciplinary hearings; and technical changes to flexible working legislation concerning protections from unfair dismissal;

• new protections for employees who are dismissed or who suffer other detriment because they are summoned or have been away from work on jury service;

• a power to make regulations to introduce information and consultation in the workplace (in Great Britain and Northern Ireland), by implementing the EC Directive on Information and Consultation (Council Directive 2002/14/EC) The Government consultation on the draft regulations closed on 7 November 2003. The Government’s response sets out the findings of the consultation;

• measures to improve the enforcement regime of the national minimum wage.

• measures to give the Certification Officer greater powers to strike out weak or vexatious claims;

• measures to improve trade union regulation, and a power to allow the Secretary of State to include non-postal methods of balloting in statutory union elections and ballots;

2004 Information and Consultation Regulations

• The Regulations do not impose a set method for employers to inform and consult their employees nor does it give a right for recognised trade unions to be consulted automatically under this legislation.

• The requirements to inform and consult employees are triggered either by a formal, written request for an information and consultation agreement from at least 10% of employees, with a minimum 15 and a maximum of 2,500, or where an employer chooses to start negotiations.

• In either case the employer will need to make arrangements to allow the employees to elect representatives to negotiate the agreement.

• The regulations impose £5,000 fine on employers who refuse to consult or inform under this legislation.

2004 Warwick Agreement (trade unions and labour)

Following discussions between unions and labour ministers, the “Warwick Agreement” set out agreed policy proposals including:

• An end to the two-tier workforce across the entire public sector
• 8 public holidays plus four weeks annual leave – but he will keep the opt-out
• Family Friendly policies- improved time off to attend to a sick relative
• Flexible working for workers caring for a disabled family member
• Gangmaster regulation and an end to exploitation of migrant workers
• Will support an EU Directive on Agency Workers next electoral term
• Will introduce legislation this term on Corporate manslaughter
• Steps to close the equality gap
• The introduction of sectoral bargaining in trial sectors

This fell short of trade union demands for repeal of anti-trade union (Tory) laws.

2008 Employment Act (EA)

• repeal the existing statutory dispute resolution procedures and related provisions about procedural unfairness in dismissal cases

• confer discretionary powers on employment tribunals to adjust awards by up to 25 per cent if parties have failed unreasonably to comply with a relevant Code of Practice

• make changes to the law relating to conciliation by Acas

• amend tribunals’ powers by which they may reach a determination without a hearing

• allow tribunals to award compensation for financial loss in certain types of monetary claim

• introduce a new method of calculating arrears

• replace enforcement and penalty notices with a single notice of underpayment which will include a civil penalty against employers who have not complied with NMW requirements

• increase the civil enforcement powers available to officers enforcing the NMW

• make offences under NMW Act 1998 triable in the Crown court or the Magistrates’ court

• increase the criminal investigative powers available to officers enforcing the NMW

• provides that, where an offence has been committed by partnerships in Scotland, any individual partners who are culpable may be prosecuted as well as the partnership itself

• Section 18 allows officers enforcing the NMW and officers enforcing employment agency standards to share information for the purpose of their respective enforcement functions.

• Section 19 amends trade union membership law in line with the ruling of the European Court of Human Rights on Aslef v UK.