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Industrial Relations in United Kingdom

The first trade unions in UK were defensive (Hyman,

2001)

They were from an advantaged labour market which

desired to protect the customary methods of production

The shift to an economy based on purely on demand and

supply was to be resisted

The simplification of work and the cheapening of labour

was to be resisted

In the middle of the nineteenth century, there was a rapid

expansion in coal mines, iron and steel mills and cotton

factories

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These industries involved workers who did not belong to the guild

system (Hyman, 2001)

The first trade unions began as a reaction to oppression and tyranny

The early militancy gave way to moderation

Collective bargaining arrangements began with professional tradeunion leaders arguing the case of workers

The bourgeois revolution in England with the passage from

feudalism to capitalism was passive

In other European countries, it involved active mobilization with the

workers being mobilized for bourgeois cause

This mobilization of workers later led to a class consciousness

among workers and allow them to critique the bourgeois state

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There was brutal resistance and repression byemployers and the state (Hyman, 2001)

However British trade unions were able to establish theirroots by the second half of the nineteenth century

Key employers recognized the need to bargain withunions

The tradition of voluntarism was established

Neither unions nor management wanted the state to

intervene Rather than have collective bargaining enforced by law,

both parties desired arrangements to be enforced bytheir relative strength and power

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The initial focus of trade unions wasthe defence of the

right to the job, traditional methods of work organization,

and established levels of wages. (Hyman, 2001: 67)

Politics and industrial relations were thought to be

separate things

When unions felt the need for parliamentary

representation to defend them from judicial attack, they

established the Labour Party as an autonomous body.

(ibid.: 68)

Class identity and socialist transformation was an

important part of British trade union thought

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There has been a constant tension between cautious

bargaining and class assertiveness. (Hyman, 2001: 68)

The distinctive organizational and ideological

configuration of the British labour movement has often

been described as Labourism. (ibid.)

Unions in Britain (even if rhetorically committed socialist

aims) have in practice accepted and adapted to the

existing social and economic system; but they have been

prepared to fight determinedly in defence of theirmembers immediate economic interests within it. (ibid.)

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However, de facto rights were subject to important

qualifications. (Hyman, 2001: 70)

First, they tended to apply where employees enjoyed a

relatively secure labour market position or were

sustained by traditions of solidarity principally associated

with a male working class culture; other sectors of the

labour force had little protection. (ibid.)

Unionized workers in the core sectors of the economy

developed their own collective representatives shopstewards who became skilled in negotiating with first

line managers. (ibid.)

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Experience showed them that collective bargainingcould yield acceptable results; on the other hand theyknew that politicians, and the judges who applied thelaws which parliament enacted, came from a different

class and often lacked sympathy or understandingtowards workers needs. (Hyman, 2001: 72)

Craft unionismIt rested on three fundamentalprinciples: that craft training (typically involving a sevenyear apprenticeship) gave craft workers a monopoly right

to the relevant category of work; that wages shouldreflect this investment in training; and that the dignity ofthe craft entailed a high degree of autonomous controlover the performance of the job. (ibid.: 75)

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The craft worker was a professional rather than a hired hand.(Hyman, 2001: 75)

The unions prescribed unilaterally the norms covering hours ofwork, minimum wages, job definitions, and the ratio of apprentices toqualified workers (crucial to the control of the supply of labour).

(ibid.) Should an employer attempt to evade these standards, union

members would be constrained from accepting employment; if thedefiance was sufficiently blatant, existing employees might bewithdrawn, often singly rather than collectively, to find workelsewhere (the strike in detail). (ibid.)

If there were insufficient jobs available at any time on acceptableconditions, those unemployed would be entitled to support fromunion fund. (ibid.)

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The Trade Union Congress [TUC] came into existence in 1868 inorder to influence legislation and retain the voluntarist spirit ofindustrial relations

Second, employers in many of the new mass industries sought tomaximize their return on capital investments by operating

particularly excessive hours of work. (Hyman, 2001: 79) From the 1830s the demand for legal regulation of working hours

had been pressed by cotton workers, and resulted in the Ten HoursAct of 1847. (ibid.)

Labour candidates first sought entry into parliament in the 1870s

and 1880s through the Liberal party The middle class that controlled the liberal party was only scantlytolerant of this

This phenomena was known as Lib-Lab ism

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Labour Case Laws in UK

The cases are adapted and quoted from Blanpain et al

(2007)

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Sime versus Imperial College London

(Employment Appeal Tribunal 20 April 2005)

The claimant alleged that she had been unfairly

dismissed

The respondent asserted that the claimant had resigned

Claimant worked as an Executive Assistant at WyeCollege in Ashford. (Judge Serota)

Wye College became part of Imperial College in July

2000

Between 2002 and 2003, the claimant was working forProfessor Waage, the head of the Department of

Agricultural Sciences

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Relations between the claimant and Professor Waagewere strained

Professor Waage had exacting methods of work and hiscommunication skills were not effective

But the Employment Tribunal found that the claimant hadalso contributed to the situation

Mrs. Jovanovich, the Departmental Administrator, did notwant the claimant to write the minutes of themanagement team

Mrs. Jovanovich and Mrs. King, a student counsellorprivately explained to Professor Waage, the basis oftheir recommendation

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During lunch, the claimant had been discussing theprescription used by Professor Waage

The claimant had also forwarded Professor Waagesemails to Mrs. King

A security guard had reported that the claimant haddescribed Professor Waage in uncomplimentary terms

The claimant found a private note on Professor Waagesdesk

In the note, Professor Waage described the need toreplace the claimant

After reading the note, the claimant reported sick and didnot come to work due to stress

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Mrs. Jovanovich informed Mrs. Brown, the HR manager

that the claimant had been very distressed

Mrs. Brown communicated this to Professor Waage

Professor Waage drafted a note of apology on that veryday on January 27 and sent it through email after 5.30

pm

He conveyed to the claimant that this was a private note

written to himself to clarify his own thoughts on the issue

He also conveyed his appreciation of the claimants

dedication and that there were several positive aspects

to their work relationship

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Between January 27 and November 11, the claimant suggested that

there had been a breach of contract and that she had been

constructively dismissed

There were various discussions about her switching jobs

But these did not come to any fruitful conclusion The claimant suggested that the respondent had not been serious

during these discussions and was merely shepherding the

discussions towards her dismissal

A term is to be implied in all contracts of employment stating that

employers will not, without reasonable or proper cause, conductthemselves in a manner calculated or likely to destroy or seriously

damage the relationship of trust and confidence between the

employer and employee. (Employment Tribunal)

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It was not necessary for the employee to show that theemployer intended any repudiation of the contract.(Employment Tribunal)

It is the Tribunals function to look at the employers

conduct as a whole and determine whether it is such thatits effect, judged reasonably and sensibly, is such thatthe employee cannot be expected to put up with it.(ibid.)

The Employment Tribunal concluded that neither the

preparation of the note by Professor Waage nor the laterconduct of the respondent constitute a fundamentalbreach of contract

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In Isle of Wight Tourist Board v Coombes [1976] IRLR413 EAT the director of the Tourist Board said of andin the presence of his personal secretary, a woman of 58years of age who had served the Board for some 15

years, She is an intolerable bitch on a Mondaymorning. (Judge Serato)

Mrs. Coombes indicated there and then that she hadtaken enough, gave oral notice to leave, immediatelyleft and drafted a letter of resignation (ibid.)

She was held to have been constructively dismissed,although Bristow J. giving the judgement of the EAT,mentions the possibility that a timely apology might haveended matters. (ibid.)

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There had, though, been no apology. (Judge Serato)

In Courtaulds Northern Textiles Ltd v Anderson [1979] IRLR 84 EAT

an assistant manager had said to an employee, You cant do the

bloody job anyway, although not believing that to be the case.

(ibid.)

Again, constructive dismissal was established. (ibid.)

In Robinson v Crompton Parkinson [1978] IRLR 61 the employee,

Mr. Robinson, having been falsely and unfairly accused of theft, first

gave his employers an opportunity to apologise for their actions.

(ibid.) Only after he had failed to receive an apology over the next week

(having been, he said, promised it) did he say Im off.

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The industrial tribunal had dismissed his claim for unfair

dismissal; the EAT allowed the appeal and remitted the

matter to a fresh tribunal. (Judge Serato)

The EAT referred the matter back to the Employment

Tribunal to determine whether there was a breach of

implied trust and confidence by the act of Professor

Waage in leaving behind the note in his papers

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Blanpain et al (2007: 358)

Section 98(2) of the Employment Relations Act provides that

redundancy is a fair reason for dismissal

The statutory dismissal and disciplinary procedures established by

the Employment Act 2002 apply to redundancy dismissals

Thus, even if an employer could prevail on an unfair dismissal byproving redundancy, the dismissal still might be found unfair if the

employer failed to comply with the required procedures

Employees who have worked for at least two years with an employer

have a right to a redundancy payment, and notice period or payment

in lieu of notice The redundancy is based largely on years of service

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Beginning in the 1970s, however, the government, withvictories by the Conservative Party, became moreinvolved in passing laws to regulate statutorily collectivebargaining, and the change decreased the strength of

the unions The passage of the Industrial Relations Act of 1971

under Prime Minister Edward Heath started the newregulation of unions and collective bargaining, but theregulation did not hit full stride until the election of Prime

Minister Margaret Thatchers Conservative governmentin 1979

The decline in union density in the United Kingdom from1970 to 2003 was 15.5%

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Blanpain et al (2007: 360-61)

The election of Prime Minister Blairs New Labour Partyin the 1990s saw a reversal of that trend

Laws were passed to restore the role of unions and tocodify the laws and practices regarding unions and

collective bargaining The United Kingdoms Trade Union and Labor Relations

(Consolidation) Act 1992 does not require employers toenter into recognition agreements and to conductcollective bargaining with a union

There are now two ways in which a union can berecognized by an employer: (1) voluntary recognition bythe employer and (2) statutory recognition

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If the employer refuses to voluntarily recognize a union

when a proper request is made supported by a certain

level of support by employees, then the Central

Arbitration Committee (CAC) may decide whether to

declare recognition

Statutory recognition does impose a duty to bargain that

does not exist at common law, but the subjects of

mandatory bargaining are only pay, hours, and holidays

The Employment Relations Act (ERA) 2004 followed agovernment review of how well the 1999 Act was

working

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One of the principal concerns was interference byemployers with employees decision to vote in thestatutory recognition ballot

In the Wilson case the European Court of Human Rights

held that the United Kingdoms law permitted employersto use financial incentives to induce employees to giveup rights and that this constituted a violation of Article 11of the Convention for the Protection of Human Rightsand Fundamental Freedoms

The ERA 2004 seeks to protect employee free choice inthe statutory recognition procedure by protectingemployees from coercive tactics

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The Act creates unfair practices by employers during recognition

and derecognition balloting, including threatening employees or

offering them financial incentives

Regarding strikes, the ERA 2004 extends the protected period

from eight weeks to twelve weeks during which a dismissal of a

striker is automatically unfair

Alan Bogg is critical of the Act for not granting unions face to face

access to employees after the CAC order that an election be held

He considers the employers duty to provide information and the

entitlement of the union to send written confirmation as not going farenough in altering the access advantage enjoyed by employers

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The European Committee of Social Rights determinedthat the restrictions imposed by UK law on the right tostrike amounted to an infringement of the EuropeanSocial Charter of 1996

Employers sued strike organizers for industrial torts The most significant legal protection of the right to strike

came in the Trade Disputes Act 1906, which provided animmunity for trade unions in most tort actions based on astrike

In the 1980s and 1990s, the Thatcher governmentpassed a number of laws rolling back the immunities andimposing restrictions on strike

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A significant restriction was a ban of secondary action

and picketing away from ones own worksite

The Trade Union Act of 1984 imposed the conduction of

a vote on a strike as a prerequisite to obtaining the

immunity from tort

Work stoppages and other industrial actions declined

significantly from 1970 to 1998

The number of working days lost in 2003 was under

500,000 whereas the number in the 1970s was 12.9

million

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Under Sections 188 and 189 of the Trade Union and

Labour Relations (Consolidation) Act 1992, the employer

has to give due notice before enforcing multiple

redundancies

Where more than 100 workers are to be retrenched

within a period of 90 days, a notice of at least 90 days is

to be given before the first redundancies are effected

If the employer intends to make between 10 and 100

workers redundant within a period of 30 days, a notice ofat least 30 days must be given before the first

redundancies are effected

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The employer is supposed to consider representations

made by trade unions pertaining to redundancies

The employer has to state the reasons for rejecting the

representations of trade unions

Under special circumstances, it may not be practicable

for the employer to take all steps

In such a situation, the employer will take all possible

steps that are still practicable

Protective awards can be given in case of non

compliance with procedures for making employees

redundant

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History of British Trade Unionism

The years 1914-1918 saw a growing gulf between a

labour movement leadership, both industrial and political,

committed to supporting the war effort and a rank and

file which bore the brunt of harsh working conditions,

shortages and deprivations at home, and the loss ofrelatives and friends in the trenches. (Hyman, 2001: 84)

The Miners Federation with some 800,000 members

by far the largest union in the country submitted to the

government in January 1919 an ambitious programme ofdemands on wages and hours, together with their long

standing objective of nationalization. (ibid.: 88)

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When the response was unsatisfactory a strike ballot

resulted in a six to one majority in favour of action, at

which point the government adopted a remarkable

procedure to defuse the conflict. (Hyman, 2001: 88)

The MFGB (Miners Federation of Great Britain) waspersuaded to postpone the strike and participate in a

special commission to determine both the immediate

issue of wages and hours and the longer-term question

of nationalization; the chair, Sir John Sankey, was ajudge acceptable to the Miners, who were able to choose

half the other members. (ibid.)

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After a few months a majority reported in favour of nationalization;

but the militant post war mood had already ebbed, the Lloyd George

government reneged on its agreement, and a year later the mines

were returned to private control. (Hyman, 2001: 88)

The Triple Alliance comprised of National Union of Railwaymen

(NUR), National Transport Workers Federation (NTWF) and Miners

Federation (MFGB)

The miners were the first casualties. (ibid.: 89)

The industry was decontrolled at the end of March 1921 and on the

same day the owners, having failed to persuade the MFGB to

abandon national bargaining and agree to heavy cuts in pay, locked

out the workforce. (ibid.)

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At first the other unions in the Triple Alliance agreed totake solidarity action; but amid confusion withdrew thissupport on Black Friday, 15 April. (Hyman, 2001: 89)

The miners fought on alone for three months before

accepting defeat. (ibid.) In the following year the engineering workers, led by the

new AEU (Amalgamated Engineers Union), were in thefiring line: the employers insisted on substantial pay cutsin March 1921, then demanded that the unions

recognize their right to change employment conditions inthe workplace before negotiating, imposing a nationallock out which lasted three months before the unioncapitulated. (ibid.)

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The employers were quick to hammer home theirvictory, cutting wages once more for some workers, tobelow 1914 levels. (Hyman, 2001: 89)

The onset of mass unemployment (which until the late

1930s remained almost continuously above ten percent), the losses suffered by those who continued inemployment and the costs of these and many other bitterdefensive struggles were reflected in trade unionmembership, which between 1920 and 1923 fell by more

than a third. (ibid.) In 1926 the philosophy of the general strike was put to

test. (ibid.)

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In the previous year, the government had re-adopted thegold standard at pre war parity. (Hyman, 2001: 89)

Coal exports were badly hit (ibid.)

The owners again demanded pay cuts and also an

extension of the working day (ibid.) The economy generally showed signs of a mild

recovery (ibid.)

Unions in some industries were able to negotiate

modest improvements for their members. (ibid.) Fearful of another Black Friday, the TUC (Trade UnionCongress) agreed to block the movement of coal if theminers were locked out. (ibid.)

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The government responded by offering a nine month

subsidy to the industry (Hyman, 2001: 89)

A new commission was to draft proposals for the future

of the industry. (ibid.)

The unions hailed this as a victorious outcome Red

Friday (ibid.)

The Samuel Commission deliberated and the

government prepared for a possible breakdown. (ibid.)

The Commission reported in March 1926 (ibid.)

Recommending rationalization of the industry as the

long run solution to its economic difficulties (ibid.)

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Hyman (2001: 89)

In the short run it rejected the proposal to increase

working hours

But accepted that there should be some reduction in

wages

Talks between the two sides brought no settlement

At the end of April the TUC decided that if the miners

were locked out a strike would be called in their support

Involving workers in transport, printing and much of

heavy industry.

Efforts to involve government in a negotiation broke

down.

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Hyman (2001: 89)

Union members responded to the strike call on 4 May

with considerable enthusiasm

At national level a network of TUC committees

coordinated action

At local level a network of existing trades councils ran

the strike in their localities

The government used troops and specially recruited

strike breakers to maintain a rudimentary transport

system

It also conducted an impressive propaganda offensive

It made use of the new broadcasting system

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Hyman (2001: 90)

It argued that the strike was a challenge to the

constitution

No further discussion could take place until the TUC

surrendered unconditionally

Miliband (1961: 133-4)With unerring precision, the

Government and its supporters concentrated on the one

issue which was, above all others, certain to unnerve the

Labour leaders: the issue of revolution and

constitutionality Faced with this intransigence, the union leaders who had

called the strike had no idea how to proceed

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Hyman (2001: 90)

They had entered into a co-ordinated form of nationalsolidarity action

They hoped that the government would agreed to anacceptable settlement

But their bluff was called And they were denounced as revolutionaries

The desperate attempts to find a face saving solutionfailed

After nine days the strike was called of unconditionally Many strikers were victimized

A number of activists were prosecuted and imprisoned

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Hyman (2001: 90)

The miners remained locked out for another six months

Starved back, they agreed to owners terms

This heroic disaster was a brutal demonstration of thelimits of what can be called constitutional insurgency

A telling example is given by Aneurin Bevan whorecounts an occasion when the MFGB president, RobertSmillie, had spoken of a meeting in 1919, between theTriple Alliance representatives and the prime minister,Lloyd George

Lloyd GeorgeGentlemen, you have fashioned, in theTriple Alliance of the unions represented by you, a mostpowerful instrument.

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Hyman (2001: 90)

Lloyd George

I feel bound to tell you that in our opinion we are at yourmercy

The Army is disaffected and cannot be relied upon

We have just emerged from a great war and the peopleare eager for the reward of their sacrifices

And we are in no position to satisfy them

If you carry out your threat and strike, you will defeat us

But if a force arises in the State which is stronger thanthe State, then it must be ready to take on the functionsof the State

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Hyman (2001: 90)

Lloyd George was, of course, bluffing

If necessary, the government could have responded as

forcefully in 1919, as in 1926

But he knew that the union leaders were negotiators, not

revolutionaries

Robert Smillie: From that moment on, we were beaten

and we knew we were.

After this the General strike of 1926 was really an anti-

climax

The essential argument had been deployed in 1919

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Hyman (2001: 92)

This was evident in 1924 when Labour under MacDonald

first assumed government office

The unions were marginalized

TUC secretary Fred Bramley complained that he never

had more than five minutes conversation with the Prime

Minister throughout

Ernest Bevin of the TGWU was likewise unimpressed

when threatened with military intervention during a

dockers strike

Similar problems occurred during the second Labour

government of 1929-31

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Hyman (2001: 92)

The second labour government collapsed

Majority of the cabinet refused to accept MacDonalds

proposed cuts in unemployment benefit

The intervention of the TUC leadership had influenced

the cabinet decision

The Communist Party of Great Britain (CPGB) was one

of tiniest in Europe in relation to the size of the country

It claimed 4000 members on its formation in 1920

Just over 10000 for a brief moment after the General

Strike, but falling below 3000 by the end of the decade

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Hyman (2001: 92)

There was a persistent tension

On the one hand, the effort to inspire radical, andpotentially revolutionary struggle

On the other hand, the attempt to gain official positions,

win conference debates and attract the support ofpotentially sympathetic leaders

The latter was the more attractive approach

And this was the line of least resistance

Most communist militants were trade union loyalists firstand revolutionaries second

They were frequently denounced from Moscow for theirtrade union legalism

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Hyman (2001: 92)

The charge was correct

In what other country would the general secretary of thecentral union confederation have written a guidebook toconstitutional procedure, or would such a book have

become a trade union best seller, as popular on the leftas on the right?

A new precedent was, however, set in 1935 when WalterCitrine, the TUC secretary (together with thesteelworkers leader, shortly to retire) accepted a

knighthood CitrineThis is a recognition of services which I

believed had been valuable to the community.

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Hyman (2001: 94-95)

The transformation in the status of the labour movement

involved, to a large degree, the ceremonial status of its

dignitaries and the integration of its representatives in an

elaborate web of consultative mechanisms

Neither could be equated with decision making power

During the Second World War, trade unions had a vital

mediating role to perform

In defusing discontent and sustaining civilian morale

Union membership increased substantially from 6 million

at the beginning of the war to 8 million at its end

Most stoppages were in coal mining

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Hyman (2001: 95)

The extreme conditions of production were an exceptional

provocation to unrest

Officials and activists who had lived through the inter war years

carried a heavy load of grudges

Outmanoeuvred by Lloyd George in 1919-20

Defeat in the General Strike in 1926

Vindictive Trade Disputes Act the following year

Betrayal of the movement by MacDonald in 1931

The scandal of mass unemployment

The degrading treatment of the unemployed by public authorities

The dictates of the Little Hitlers who exercised management on the

shop floor

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References

Blanpain, R., Bisom-Rapp, S., Corbett, W. R., Josephs,

H. K., and Zimmer, M. J. (2007). The Global Workplace:

International and Comparative Employment Law, Cases

and Materials. Cambridge: Cambridge University Press

Hyman, R. (2001). Understanding European TradeUnionism: Between Market, Class and Society. London:

Sage

IR in UK

Documents

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