Trade unions report Government to UN over anti-strike laws

Trade unions have reported the Government to the UN over “dreadful” new anti-strike laws.

The Trades Union Congress (TUC) has submitted a case to the International Labour Organisation (ILO), the UN’s workers’ rights watchdog, protesting against the legislation to ensure minimum service levels during mass walkouts.

Paul Nowak, the general secretary of the TUC, said the controversial Strikes (Minimum Service Level) Act, passed in July, fell “well short” of the ILO’s standards, adding that the “unworkable” and “undemocratic” legislation is “almost certainly in breach of international law”.

Ministers have introduced the new laws to enforce a basic degree of coverage during strikes across key public sectors.

Employers will be able to dismiss staff who refuse to turn up to work when ordered to, while unions failing to meet minimum levels could face legal action.

‘Desperate Conservative government’

Speaking at a press conference to open the TUC’s annual conference on Sunday, Mr Nowak said: “The ILO has already slapped down the UK Government and ordered it to make sure existing and prospective legislation is in line with ILO standards.

“We believe the Strikes Act falls well short of that, and that’s why we have submitted a case to the ILO over these new laws. Unions defeated the Government in the High Court over the unlawful use of agency workers during strikes. We are determined to win again.

“These laws haven’t been designed to resolve conflict at work – they’ve been designed to escalate it. They’re unworkable, undemocratic and almost certainly in breach of international law. They’re the product of a desperate Conservative government spoiling for a fight with unions to distract from their dire economic record.”

Mr Nowak also said he “certainly wouldn’t rule out legal action here in the UK”.

‘Be very, very careful of the society we’re going to’

Mick Whelan, the Aslef leader, speaking at the National Shop Stewards Network rally on the fringes of the conference, said: “If you look at Spain and Italy and Germany in the mid-30s, they took away the right to strike, they took away the voice of trade unions and they took away the voice of people to protest. Be very, very careful of the society we’re going to.”

At the same rally, Rob Williams, a Unite Community activist, suggested unions needed to convene a “council of war” to challenge the new legislation.

He said: “When this Government brings in its anti-union legislation, when that means the workers could be sacked, when that means individual trade unions could be fined up to £1 million a time, isn’t this the time that we have to get together and say that if you pick on any one of us, you pick on all of us?”

‘Protect that right to strike’

On Monday, the TUC conference will debate a motion from several unions threatening to flout the new legislation.

Organisations representing more than two million rail workers, teachers and other public service staff are backing the proposals to “explore options for non-compliance and resistance” to avoid having to instruct their members to cross picket lines.

It is understood the unions would consider means to circumvent, and not break, the new laws.

Asked about the motion on non-compliance, Mr Nowak said: “We’ve got motions on the congress agenda this week – none of those motions instruct individuals not to comply with the law, or instruct unions not to comply with the law. What they do is empower the TUC to explore every single option for making sure that we protect that right to strike.”

A Government spokesman said: “The purpose of this legislation is to protect the lives and livelihoods of the general public and ensure they can continue to access vital public services during strikes.

“The legislation does not remove the ability to strike, but people expect the Government to act in circumstances where their rights and freedoms are being disproportionately impacted, and that’s what we are doing with this Bill.”