Welcome to our first edition since Labour's victory in the general election. In this article we focus on legal changes which follow from Labour's manifesto pledges and in future issues we shall highlight in more detail areas of likely law reform.
GCHQ and the minimum wage
Two momentous decisions have already been taken: the restoration of trade union rights at GCHQ and legislation in the Queen's Speech to enable a national minimum wage. These commitments are so long standing, it is easy to overlook their importance, but no-one should diminish the significance, both symbolic and substantive, of these two measures.
Both represent an affirmation of the rights of unions and working people, a recognition of basic standards and a major victory for the trade union movement.
New laws on consultation
The Labour Government has taken another significant step. In our first edition last year we reported the High Court decision rejecting the challenge to the Conservatives' regulations covering consultation on redundancies and transfers (see Employers: duty to consult). GMB, NASUWT and UNISON took the case to the Court of Appeal. It was due to be heard on 2 June 1997, but the Minister has now agreed to review the legislation and the case has been adjourned while that review takes place.
Working time and young workers
Labour must also legislate to implement the Working Time Directive. The Tories presided over a fiasco.
Their Consultation Paper on proposed legislation to implement the Working Time Directive showed no intention to implement in accordance with European law. Similar considerations apply to the Young Workers Directive, analysed in this issue - see Let them work nights!
Social Chapter
Labour will sign up to the European Union Social Protocol and Agreement. This means that, after a transitional period, the Works Council and Parental Leave Directives must be implemented as laws in the UK. A new agreement and Directive on Part-Time Workers is expected shortly.
Human rights:
The Queen's Speech contained a commitment to incorporate into our law the European Convention on Human Rights. This includes such fundamental rights as freedom of peaceful assembly, freedom of association and the right to join trade unions. One must remember that these international standards allow for some restrictions and are open to interpretation (for example they have been held to enshrine a right not to join a trade union), but they will provide a measure against which existing and new legislation can be measured in the courts.
An Employment Bill - but not yet
We cannot now expect primary legislation on individual and collective employment rights until late 1998. This will include Labour's commitments on trade union recognition and on individual rights to fairness at work.
This encompasses specific commitments to recognition when the majority of the relevant workforce vote in favour which will give a right to collective bargaining on pay, hours, holidays and training. There is a commitment to unfair dismissal rights for sacked strikers and a right for trade union members not to suffer discrimination.
On individual rights, Labour is committed to tackling bogus self-employment and zero-hours contracts and combatting age discrimination. This will be part of an overall framework of fair rights at work.
In the interim, until the Employment Bill emerges, there are many beneficial changes which can be made through secondary legislation such as changes to Regulations and the Codes of Practice and Guidance issued under the Conservative Government.
Labour's commitments on employment rights may not meet all the aspirations of unions and their members, but the proposals to which they are committed will have a significant beneficial impact and may yet be a springboard for the wider reforms which, after the last 18 years, are long overdue.