by René Lavanchy
Unions have reacted defensively this week to reports that the Conservatives plan to curb the right to strike if they win the next general election.
The Guardian last week reported that plans were afoot to introduce a new law requiring an absolute majority in strike ballots among all those workers liable to strike. Such a move would break David Cameron’s promise not to introduce new employment laws for the first two years of office.
The Tories this week said they had no plans for any such law, but already the Trade Union and Labour Party Liaison Organisation has organised a petition against the “union-bashing scheme”. The TUC is meanwhile concerned that such a law would damage industrial relations and make negotiations with employers – in which strike ballots are sometimes no more than a bargaining counter – more fraught.
But trade union legal experts were unsure whether the rule could be successfully challenged under the European Convention on Human Rights, which protects the right to freedom of association.
Steve Cottingham, a partner at union law solicitors OH Parsons, said: “Article 11 of the convention has been widely accepted by the courts as having the right to withdraw labour.” There was a “little bit of hope” it could lead to a legal challenge. “It does mean finding the right case. The convention is the best route to challenge any government.”
He added that he expected the Tories to pass more laws restricting union activity, and that “it’s hard enough for any union to take industrial action now”.
London Mayor Boris Johnson has previously been reported as being interested in a rule requiring absolute majorities for strikes on the London Underground. He also campaigned for the mayoralty on the promise of seeking a no-strike agreement with the RMT union, which they flatly reject.
The TUC, which is not involved in the TULO petition, is expected to campaign against any anti-strike laws should they appear.
