Lord John Hendy KC on why workers need a right to strike

Lord John Hendy KC:

“Having the right to strike doesn’t mean you have to exercise it. The point is to have the right in order that workers ultimately have leverage in negotiations.”

This is a clip from Episode 5 of the IER’s Podcast ‘Strike Rights: Are UK Workers Getting a Raw Deal.’

Unlike other countries, the UK does not have a constitutional or legal right to strike. Instead, we have a limited right to not be dismissed for taking part in industrial action. Labour’s Green Paper on Employment Rights included a clear commitment to bringing the UK’s industrial action laws in line with international standards, —a commitment notably absent from the Employment Rights Bill. In this clip, Lord John Hendy explains how overly restrictive strike laws ultimately undermine workers’ bargaining power, and this imbalance makes it harder for unions to negotiate fair wages and secure better working conditions.

In the episode, Lord John Hendy KC (IER Chairperson), Professor Keith Ewing (IER President) and Mr James Harrison (IER Director) explore whether the ERB leaves British workers over-exposed and under-protected. They also question whether the new bodies created under the Bill have the teeth to fill the void left by a properly resourced Ministry of Labour – Britain is one of only a handful of developed nations that do not have a Labour Minister running their own department.

Throughout the episode, Ewing and Hendy consider the Bill’s provisions for electronic balloting, as well as workplace access rights for Trade Unions, and whether they will deliver in tackling the key obstacles to union organising and strike action. In their view, something the Bill doesn’t do is accommodate the criticisms that have been levied against the UK’s legislation on trade unions by International bodies – importantly, the ban on solidarity actions.

Professor Keith Ewing:

“There is a compelling rule of law obligation on the Government of this country to address the question of sympathy action as soon as possible. The fact that they claim they’ve dealt with the P&O problem in the ERB, is no answer to that obligation, not least because it’s a continuing obligation to change the Law, but also because the Bill does not adequately deal with P&O.”

The episode concludes with a discussion on enforcement, that despite the promise of a new Fair Work Agency, its limited powers and narrow focus raise serious doubts about its ability to protect workers.

Listen to the full episode here: https://podcasts.apple.com/gb/podcast/strike-rights-are-uk-workers-getting-a-raw-deal/id1775682835?i=1000684840726

Find all episodes from the IER’s Podcast series here: https://www.ier.org.uk/the-ier-podcast/