Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - United Kingdom of Great Britain and Northern Ireland (Ratification: 1950)

The Committee takes note of the observations of the Trades Union Congress (TUC) received on 31 August and 4 September 2018, and the Government’s comments thereon. It notes, in particular, the information provided by the Government on the TUC’s allegation in relation to collective bargaining rights of the workers in the gig economy. The Government points out that it is in the process of reviewing employment status more widely as part of its consideration on modern working practices. The Committee requests the Government to provide information on any development in this regard.

Article 1 of the Convention. Protection against anti-union discrimination. The Committee notes with interest that the Public Contracts (Scotland) Regulations 2015 and the Procurement (Scotland) Regulations of 2016 provide for the exclusion from public calls for tenders any business found to have breached the Blacklists Regulations 2010 of the Employment Relations Act 1999 (Blacklists) that prohibits the compilation, use, sale or supply of blacklists containing details of trade union members or persons taking part in trade union activities, the purpose of which is to discriminate against workers on grounds of trade union membership and activities, and that this exclusion remains in force until such time that the business has taken appropriate remedial measures, or a period of three years has elapsed since the exclusion occurred, which is the maximum timescale allowed under European Union (EU) law.

Article 4. Promotion of collective bargaining. The Committee notes the TUC’s indication that, while the Agricultural Wages Board (AWB) still operates in Scotland and Wales, this body was abolished in England as a result of the Enterprise and Regulatory Reform Act 2013, section 72. The Committee notes the TUC’s affirmation that: (i) the AWB is a tripartite body that was established in 1917 to set terms and conditions of employment for workers in the sector; (ii) the high prevalence of small enterprises in the agriculture sector makes it difficult for workers to exercise their right to bargain collectively; and (iii) the abolition of the AWB in England has therefore a very strong impact on the possibility to collectively define the conditions of employment in the agriculture sector and is contrary to the obligation of promoting collective bargaining set by Article 4 of the Convention. The Committee notes the Government’s statement that: (i) the separate minimum wages in the agriculture sector imposed a number of difficulties on workers and employers and that before the AWB was abolished, many farm-based businesses had to operate both systems (the agricultural minimum wage and the national minimum wage) depending on the activities undertaken by workers; and (ii) the abolition of the AWB has freed farmers from an unnecessary regulatory burden and did not result in them losing essential employment protections, as there is a broad employment legislation in place, both nationally and at the EU level, which protects and benefits workers in all sectors of the economy. Recalling the promotional obligation stemming from Article 4 of the Convention, the Committee requests the Government to provide information on the measures taken to promote collective bargaining in the agriculture sector as well as on the number of collective agreements in force and the percentage of workers covered by them in the sector.