Trade Union Bill — House of Lords, 2016-02-10
Topic: Labor
Rita Donaghy (Labour, Centre-left): My Lords, one of the difficulties about moving an amendment on employment relations in a Bill which some of us consider is not about employment relations is finding a context where employer and employee have a mutual relationship which works most of the time but occasionally breaks down—and the extent to which the state intends to help or hinder on those occasions A senior civil servant, who shall be nameless, was once asked, "Why is there always an anti-trade union Bill when the Conservative Party wins an election?". The civil servant replied: "There are two reasons. First, it will delight the local Conservative associations and, secondly, it does not cost anything"—unlike building a motorway or lowering taxes. My Amendment 33 does not cost anything either. Its purpose is to highlight the importance of the relationship between the employer and the trade union and its members, and to recognise the benefits of mutuality in the timing of industrial action. Its objective is to give some flexibility in what can be a very fraught atmosphere The existing requirement of seven days’ notice of industrial action once a ballot mandate is achieved is not, in itself, a problem. It is extremely rare for employment relations to be so bad that the lines of communication between management and trade union are completely severed, and notice of intention to hold the ballot will already have been given. During the ballot period, the union will campaign for a successful outcome, and management will inform employees why industrial action is unnecessary. The seven days’ notice only kicks in when the ballot is successful from the trade union angle; it is not relevant if the ballot fails. The employer and union will then know where they stand. If the intention is to hold, say, a one-day demonstrative strike, it is in the interests of the employer to be allowed to agree the timing of the strike with the union—not because it will agree with the strike, but because it recognises the reality of the situation and wants to lance the boil as soon as possible. I am not arguing that two weeks’ notice, in isolation, is a bad thing, but in the context of the total package of this Bill, it is patronising. It is also damaging to take certain judgments away from management and unions in this situation The impact assessment talks about "contingency arrangements" and then goes on about, "more cost effective contingency arrangements" I would be interested to know what these are and what the difference is between them. For instance, is it hiring agency staff to cover, which, of course, is more expensive? I do not believe any respectable agency will get involved with this anyway. Will it be hiring people at 4 am from the car park near B&Q on the Old Kent Road—similar car parks are available—which is what the construction industry does? That would certainly be more cost effective as a contingency plan The impact assessment refers to both parties seeking, "to reach a mutually acceptable", that word mutual, "conclusion to the dispute without resorting to a ballot for industrial action" That is language I understand and anyone involved in employment relations understands. However, everything in this section of the Bill reveals a mindset that is just the opposite of good employment relations. This mindset wants to maximise bureaucracy for trade unions and make any strike open to legal challenge. It puts so much on the ballot paper that the exit strategy becomes impossible, takes away any flexibility to manage a difficult situation and implicitly encourages strike breaking. The TUC has said that the proposal for 14 days’ notice, "is designed to reduce the momentum in union campaigns" My amendment would allow management and unions some control over events. It recognises that mutuality is important even in times of strife and keeps the channels of communication open. I hope the Minister feels able to support it.