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Equalities watchdog publishes scathing new report on
the anti-strike laws
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TUC calls for ministers drop the “nasty bill” and
protect the right to strike
The Equality and Human Rights Commission (EHRC) has today (Thursday) published a
scathing report on the Strikes (Minimum Service Levels)
Bill, which warns that the legislation could see all striking
workers in affected sectors losing their unfair dismissal
protection.
The Strikes Bill is making its way through the House of Lords,
and is currently at Committee stage.
In the report, the EHRC says that they “are concerned that an
employee would lose automatic unfair dismissal protection not
only if they fail to comply with a work notice, but also if their
trade union has failed to take reasonable steps to ensure
compliance: an employee will not know before participating in a
strike whether that is the case or not.”
The organisation contrasts laws in Italy where “legislation
provides that an individual cannot be dismissed for failing to
comply with a MSL agreement.”
The equalities watchdog also slams the government for failing to
publish any analysis “of the proportionality of provisions
in the Bill that could remove legal protections for trade unions
and employees participating in industrial action.”
Unlawful bill
The EHRC says the government could be in breach the law and
“advise careful consideration [of these issues] to mitigate
against disproportionate or unjustified interference with Article
4, 11 and 14 ECHR rights.”
The equalities watchdog also heavily criticises ministers’
failure to properly consult on the legislation:
“We note that the Bill allows the Government discretion to
consult ‘such persons as they consider appropriate’ on MSLs, yet
there is no requirement to engage nor to attempt to reach an
agreement with worker and employer organisations.
“It is not clear why this more collaborative approach – as
practised in some states in Europe - was not pursued in the
current Bill.”
The House of Lords Delegated Powers
and Regulatory Reform Committee last week criticised the Bill
for giving blanket powers to ministers while providing virtually
no detail.
Widespread criticism
The EHRC’S intervention comes just days after the Joint Committee
on Human Rights (JCHR) slammed the government’s Strikes Bill “for
failing to meet human rights obligations”.
And in January civil liberties groups –
including Liberty, Human Rights Watch, Oxfam – warned the Bill
would allow “a further significant and unjustified intrusion by
the state into the freedom of association and
assembly.”
The TUC – along with women’s rights organisations and race
equality groups – has also warned about the legislation
disproportionately impacting women and BME workers, because they
are overrepresented in affected sectors.
TUC General Secretary Paul Nowak said:
“This bill is a brazen attack on the fundamental right to strike.
“It is little wonder the EHRC has joined an ever-growing list of
MPs, Lords and rights groups in condemning this draconian
legislation.
“No one should be sacked for trying to win a better deal at work.
“But the government is steamrolling through parliament
legislation that will give ministers sweeping new powers and
could mean workers are sacked if they take action to win better
pay and conditions.
“The EHRC is right to warn that this draconian legislation could
see striking workers’ losing a vital right – protection from
unfair dismissal.
“The Conservatives are trying to keep people in the dark about
the true nature of this legislation. But make no mistake – this
Bill is undemocratic, unworkable and almost certainly illegal.
“And crucially it will likely poison industrial relations and
exacerbate disputes rather than help resolve them.
“It’s time for ministers to protect the fundamental right to
strike and drop this nasty bill.”
