UK found to be in severe breach of trade union and workers rights‏

The European Committee of Social Rights has examined the application of the European Social Charter by the United Kingdom. Its report was published on 17 December 2010 and found severe breaches of trade union and workers' rights:. http://tinyurl.com/2b8yq3k

Conclusions of the European Committee of Social Rights

Article 6 - Right to bargain collectively/Paragraph 2 - Negotiation procedures
Conclusion: The Committee concludes that the situation in the United Kingdom is not in conformity with Article 6§2 of the Charter on the grounds that:

- workers do not have the right to bring legal proceedings against employers who made offers to co-workers in order to induce them to surrender their union rights

- and, in such cases, trade unions too cannot claim a violation of the right to collective bargaining.

Article 6 - Right to bargain collectively/ Paragraph 4 - Collective action
Conclusion: The Committee concludes that the situation in the United Kingdom is not in conformity with Article 6§4 of the Charter on the following grounds:

- the scope for workers to defend their interests through lawful collective action is excessively circumscribed;

- the requirement to give notice to an employer of a ballot on industrial action, in addition to the strike notice that must be issued before taking action, is excessive;

- the protection of workers against dismissal when taking industrial action is insufficient.

Article 2 - Right to just conditions of work/ Paragraph 2 - Public holidays with pay
Conclusion: The Committee concludes that the situation in United Kingdom is not in conformity with
Article 2§2 of the Charter on the ground that it has not been established that the right to public holidays with pay is guaranteed.

Article 2 - Right to just conditions of work/Paragraph 3 - Annual holiday with pay
Conclusion: The Committee concludes that the situation in United Kingdom is not in conformity with
Article 2§3 of the Charter on the ground that workers who fall ill or are injured during their holiday are not entitled to take the days lost at another time.

Article 2 - Right to just conditions of work/Paragraph 4 - Reduced working hours or additional holidays in dangerous or unhealthy occupations
Conclusion: The Committee concludes that the situation in the United Kingdom is not in conformity
with Article 2§4 of the Charter on the ground that it has not been established that measures reducing exposure to risks are provided.

Article 2 - Right to just conditions of work/Paragraph 5 - Weekly rest period
Conclusion: The Committee concludes that the situation in the United Kingdom is not in conformity with Article 2§5 of the Charter on the grounds that there are inadequate safeguards to prevent that workers may work for more than twelve consecutive days without a rest period.

Article 4 - Right to a fair remuneration/Paragraph 1 - Decent remuneration
Conclusion: The Committee concludes that the situation in United Kingdom is not in conformity with Article 4§1 of the Charter on the ground that the minimum wage is manifestly unfair.

Article 4 - Right to a fair remuneration/Paragraph 2 - Increased remuneration for overtime work
Conclusion: The Committee concludes that the situation in the United Kingdom is not in conformity with Article 4§2 of the Charter on the grounds that workers do not have adequate legal guarantees ensuring them increased remuneration for overtime.

Article 4 - Right to a fair remuneration/Paragraph 4 - Reasonable notice of termination of employment
Conclusion: The Committee concludes that the situation in the United Kingdom is not in conformity with Article 4§4 of the Charter on the ground that notice periods for employees with less than three years' service are too short.

Article 5 - Right to organise / Not in conformity
Conclusion: The Committee concludes that the situation in the United Kingdom is not in conformity with Article 5 of the Charter on the ground that Section 15 of the Trade Union and Labour Relations (Consolidation) Act 1992, which makes unlawful for a trade union to indemnify an individual union member for a penalty imposed for an offence or contempt of court, and Section 65 of this Act, which severely restricts the grounds on which a trade union may lawfully discipline members, represent unjustified incursions into the autonomy of trade unions.