Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

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 Trade Union Confederation (TUC) dated 31 August 2022 that, in addition to issues examined by the Committee in the current comment, denounce anti-union dismissals in the fishing sector as well as anti-union discrimination and interference cases in the hospitality sector. The Committee requests the Government to provide its comments in this regard.

Scope of application of the Convention. Workers in the platform economy. The Committee previously requested information on the developments on the collective bargaining rights of workers in the platform economy (gig economy). The Committee welcomes the Government’s indication that workers in the gig economy have the same rights as workers in other sectors, including the right to form unions and the right to collective bargaining and that itsupports partnerships between trade unions and gig economy businesses, including the decision by two important gig economy businesses to recognize the GMB trade union for collective bargaining in May of 2021 and 2022 respectively. The Committee requests the Government to continue to provide information on the measures taken to promote collective bargaining at all levels in the gig economy sector, including on the number of collective agreements signed in this sector and the number of workers covered.

Article 1 of the Convention. Protection against anti-union discrimination. The Committee notes the TUC’s allegations on the dismissal and subsequent replacement by a maritime transport company of 786 unionised seafarers with agency supplied non-unionised crews with lower pays, in contravention of the statutory obligations regarding due notice and consultation. The Committee further notes the TUC’s allegation that the existing legislation does not deter employers from dismissing union members benefitting from better terms and conditions of employment under a collective agreement, provided they pay the compensation required by law for cases of unfair dismissal. Recalling that, under Article 1 of the Convention, the legislation must provide for dissuasive sanctions in case of anti-union discrimination, the Committee requests the Government to reply to these comments.

Article 4. Promotion of Collective Bargaining. Having noted the abolition of the Agricultural Wages Board (AWB) in England, the Committee previously requested the Government to inform on the measures taken to promote collective bargaining in the agriculture sector along with statistics on the collective agreements concluded. The Committee notes that the Government indicates that independent trade unions can be recognized by employers for the purpose of collective bargaining through the procedures laid down in the Employment Relations Act and that 14 per cent of workers in the agriculture, forestry, and fishing industries had their pay determined by collective agreement. The Committee also notes the TUC’s indications that both workers and employers expressed concerns regarding the consequences of negotiating terms and conditions individually without proper processes or guidelines due to the abolishment of the AWB, which was established to set terms and conditions of employment for workers. Observing the low level of collective bargaining coverage in the agricultural sector and recalling the obligation, under Article 4 of the Convention to promote collective bargaining at all levels, the Committee requests the Government to inform on the specific measures taken to promote collective bargaining in the agricultural sector as well as to provide details on the number of collective agreements in force and the percentage of workers covered by them in the sector.