http://www.tribunemagazine.co.uk/2010/08/10/hallmark-of-what-makes-us-free/
Williams takes issue with CBI calls for a further tightening of UK laws governing industrial action:
‘Since 1906, British legislation has provided for limited immunities for those inducing industrial action from liability for its economic consequences. Yet these immunities have been narrowed to the point where Britain is perceived by international human rights agencies, notably the International Labour Organisation and the Social Rights Committee of the Council of Europe, as failing to comply with even minimum international standards.’
However, recent developments in international law may provide British unions with legal redress:
‘The recent landmark decision of the European Court of Human Rights (ECHR) in the case of Demir and Baykara versus Turkey has set down two fundamental principles on collective action. First, the right to collective bargaining is “an essential element” of the freedom of association in Article 11 of the Convention on Human Rights. Second, this “essential” right must be interpreted in line with international labour standards, notably ILO and European Social Charter jurisprudence. While domestic systems may place restrictions on collective action, such systems must be consistent with the requirements of the ILO and the ESC.’
It is fair enough to demand of aspiring leaders of the labour movement that they commit to putting the UK on the right side of international law, but after 13 wasted New Labour years the more obvious solution is for unions to pool efforts in support of legal test cases building on the Demir and Baykara ECHR decision.
