Congress asserts that in the current global economic context, trade union organisation has never been more important as a means of ensuring social and economic justice for all.

Congress rejects the vicious attacks on ordinary workers and families, on jobs, living standards and on workers’ rights that has been in evidence in the UK since 12 May 2010.

Congress believes that the coalition government’s declaration that “Britain is open for business” is an attempt to justify the attacks on workers in the UK and is symptomatic of the orchestrated assault on workers and unions around the world.

Congress condemns the actions of the coalition government in circumventing the statutory rights and protections for workers through the publication of the Employers’ Charter and in reviewing employment law in order to enable employers to sack workers with impunity.

By restricting the freedom of some employers, including those of new academy schools, to enter into binding collective agreements with trade unions, Congress believes that the UK government is at risk of breaching the International Labour Organisation’s Declaration on Fundamental Principles and Rights at Work, which guarantees the right to collective bargaining.

Congress is aware of the threats made to trade unions and the organisation of working people by this Conservative-led government.

Congress further notes that a number of affiliates have taken lawful industrial action in order to defend pensions, employment and public services. Despite such actions being lawful, this government has sought to use them as a justification to further erode employment rights and civil liberty.

The trade union movement will not be deterred by threats to make the laws on ballots even more restrictive if our members take lawful industrial action.

Congress condemns the hypocrisy of calls for increased turnouts and removal of simple majorities in industrial action ballots, which would mean many MPs would not have been elected if applied to them.

Congress calls on the General Council to campaign vigorously against the government’s plans to tighten further already draconian anti-union legislation, using industrial, legal and political strategies.

Congress calls on the General Council strongly to oppose proposals to:

• i. end facility time for trade unionists
• ii. ban strikes in essential services
• iii. remove collective bargaining rights in education and health sectors
• iv. place even greater requirements on industrial action ballots and setting minimum levels of participation in strike ballots
• v. limit workers’ rights at employment tribunal and in cases of collective redundancy and transfer of undertakings.

Congress believes a coherent response is required from the labour movement and calls on the TUC to develop an industrial strategy of resistance so that workers are not left to fight alone against draconian laws and exploitative bosses. The TUC should respond to any further attempts to shackle working people’s rights with a co-ordinated campaign and supporting action.

Twenty-five years after the Wapping dispute, Congress remembers the shameful role News International played on behalf of the Thatcher government in weakening unions throughout the print media industry.

Congress notes the failure of recognition laws to protect unions in anti-union companies, leaving workers vulnerable to the pressures of unprincipled employers.

The in-house News International Staff Association (NISA), set up and funded by News International, failed to win a certificate of independence from the Certification Officer. Yet, under UK recognition laws, Murdoch was able to use NISA to block legitimate attempts of unions seeking recognition.

Congress therefore calls for the recognition laws to be amended to remove this barrier.

Congress also calls for the introduction of a conscience clause in law to ensure that journalists standing up on a principle of journalistic ethics have protection against dismissal, and for Congress to support the broadest dissemination of the NUJ Code of Conduct.

Congress applauds the magnificent efforts of the emergent student protest movement in defence of education as a fundable public good.

Congress deplores the severe attack on the right to peaceful protest and freedom of assembly, with increasingly aggressive police tactics including ‘kettling’ of protesters.

Congress calls on the General Council to:

• a. reaffirm the right to peaceful protest as a basic democratic freedom, campaign to maintain that right and seek help from organisations in monitoring future demonstrations
• b. call for full independent investigation into any allegations of police aggression or instances of ‘kettling’ being used during future demonstrations and protests.

Congress agrees that the right to strike is a core human right. Congress notes that the UK’s anti-strike legislation is in breach of international law and binding international treaties ratified by the United Kingdom and binding upon it, confirmed in judgments of the ILO, the Committees of the European Social Charter, and the International Covenant on Economic Social and Cultural Rights.

Britain has a raft of anti-union legislation, which makes it one of the most repressive countries in the EU for working people to organise and defend themselves. Congress believes that workers and their trade unions in the UK should have rights at work at least as good as the best of those enjoyed by fellow workers in other countries of the European Union.

In this vein, Congress celebrates the 50th anniversary of the signing of European Social Charter.

Article 6(4) of the European Social Charter recognises that workers have a right to collective bargaining and a right to strike. However, Congress is concerned that for 2010 the European Committee of Social Rights concluded that the situation in the UK was not in conformity with Article 6(4) – particularly noting the complexity of the law when taking industrial action; the excessive procedure of giving notice to the employer; and the limited protection offered to those workers taking industrial action.

Congress reaffirms its commitment to the removal of anti-trade union laws and calls on the TUC to lobby government to implement fully Articles 2 and 4–6 of the European Social Charter, which set out the labour rights of European citizens.

Congress calls upon the General Council to:

• 1. prepare a dossier of evidence on how the coalition government has flouted international law on the rights of workers
• 2. consider bringing a legal challenge to the current UK breaches of international labour law
• 3. campaign for MPs to pledge support for the UK to conform with Article 6 (4) and to press the UK Parliament to honour their obligations under the Social Charter, paying particular attention to Article 6 (4)
• 4. embark on a campaign to make the government action the Social Charter by removing the anti-trade union laws and allowing the citizens of the UK to enjoy the rights afforded them under Article 6 (4)
• 5. campaign with unions internationally for the right to strike to be protected.

Congress believes that workers’ individual rights are best protected by a strong and free trade union movement.

Congress therefore resolves to work for a new framework of trade union law that will be compliant with international labour codes, which will promote:

• A. the right to organise
• B. the right to bargain collectively
• C. the right to strike.

Mover: Unite

Seconder: GMB

Supporters: NASUWT; University and College Union; National Union of Journalists; POA; National Union of Rail, Maritime and Transport Workers

Congress notes with concern that the government has started to review employment legislation with a view to deregulation.

The government’s recent consultation called “resolving workplace disputes” was little more than a series of proposals designed to make it more difficult for employees to take cases to employment tribunals. The consultation exercise was launched at the same time as their Employer’s Charter, which contained a number of crude suggestions as to how employers could legally sack people. The government appears only to be interested in responding the rhetoric from small firms’ organisations about “burdens”.

The government’s rationale is that it would encourage employers to take on more employees. Congress rejects the government’s assumptions that employment rights are creating an unnecessary burden on businesses. There is no reliable evidence to suggest that deregulation creates jobs. Research carried out by the OECD shows that this is not the case.

The UK is one of the most lightly regulated economies in the European Union. Deregulation will result in greater numbers of workers being badly treated at work, without creating any extra jobs.

Congress does not agree that there are too many groundless complaints being made by workers. Congress believes that most workers and their union representatives do everything possible to resolve complaints internally. Many of the proposals in the consultation document centre on early resolution of disputes in the workplace, and Congress believes that trade union organisation and representation is key to achieving this objective.

Congress is extremely concerned by the proposals for changes to employment tribunal procedures. Congress is firmly opposed to proposals for claims to be struck out without the claimant having the opportunity to present their case before the employment judge and to mandatory pre-claim conciliation with resulting increased complexities in the tribunal process. Congress also opposes an increase in the cap on un-assessed costs and the extension of cases that can be heard by a judge sitting alone and rejects any introduction of fees to initiate a claim.

Further, Congress strongly believes there should be no increase in the qualifying period for unfair dismissal and that such a move would disproportionately affect vulnerable workers, including women, black and minority ethnic workers, young workers and disabled workers, who are more likely to have a pattern of short-term employment.

Congress is aware that by increasing the unfair dismissal qualifying period, a greater number of workers in casualised industries such as construction will be sacked before the end of the qualifying period, as companies ensure that they are not liable for redundancy payments and other benefits.

Congress is further concerned that the government has also announced its intention to try to reduce the consultation period over redundancies and erode the rights to protection of terms and conditions in TUPE transfers.

Congress calls on the General Council to campaign against these proposals and to defend existing employment protection rights and the valuable role played by trade unions in resolving disputes in the local workplace.

Congress instructs the General Council to:

• i. build a campaign to resist any measures that will make it harder for workers to enforce their rights
• ii. campaign for an amendment to the forthcoming Agency Worker Regulations which properly enshrines the government’s obligation under EU law to prevent misuse in the application of the principle of equal treatment
• iii. continue to lobby for better enforcement mechanisms and to resist any further cuts in funding for enforcement and advisory bodies, such as the HSE, Acas, the GLA and the EHRC.

The coalition government has launched its Red Tape Challenge with the aim “to leave office having reduced the overall burden of regulation”.

The Red Tape Challenge has opened up consultation on regulations covering many sectors and topics including employment law, road transport, retail, equalities and health and safety.

The Red Tape Challenge announcement finishes with the rallying call “together we can fight back – and free up business and society from the burden of excessive regulation”.

Congress deplores the Red Tape website gimmick, which is intended to bypass normal policy making and consultation processes. Congress does not agree that regulations – and the inspections and administration that go with them – have grown to an unmanageable level. Congress does not believe that regulations have either hurt business or done real damage to the economy.

No one wants regulations that are irrelevant or counter-productive but the goal should be better regulation, not less regulation. Congress believes that good regulation and workers’ rights protect consumers and employees, save lives and help build a fairer society.

Congress agrees that the TUC will:

• a. encourage its affiliates and trade union members to respond to the Red Tape Challenge to make the case for regulations that protect workers
• b. campaign to protect good regulation and ensure that the government’s deregulation agenda will not succeed in weakening statutory rights and legal protections covering workers and workplaces.

Mover: Union of Shop, Distributive and Allied Workers

Seconder: Accord

Supporters: Prospect; Communication Workers’ Union; Union of Construction, Allied Trades and Technicians; Chartered Society of Physiotherapy

Noting the spread of atypical employment (including freelance, casual, short-term contract and self-employed workers), Congress wishes to further develop the TUC’s strategic approach in this area, by encouraging campaigns for trade union recognition and by focusing on both private and public sector areas of organisation.

Congress therefore calls on the General Council to convene a meeting of unions interested in pursuing this work.

Broadcasting, Entertainment, Cinematograph and Theatre Union

Amendment

Insert new paragraph 2:

“Congress welcomes the campaigning work by affiliates around agency workers. Congress recognises that the Agency Workers’ Regulations will provide new rights for an important group of vulnerable workers providing opportunities for the trade union movement to organise agency workers to tackle the exploitation of vulnerable workers.”

In existing paragraph 2, line 2, after “contract” insert:

“, agency”

Union of Shop, Distributive and Allied Workers

Congress further notes that while this practice is most common in the construction industry it is already spreading into other sectors. Unless changes in the law are introduced and enforcement activity dramatically increased, unscrupulous employers and agencies are likely to force a greater number of workers into payroll companies in order to avoid complying with the Agency Worker Regulations and existing employment legislation.

Congress calls on the TUC General Council to campaign actively for a change in the law to prevent payroll companies being able to classify workers as self-employed and to increase its activities in order to eradicate false self-employment from the UK economy.

Union of Construction, Allied Trades and Technicians

Amendment

In paragraph 2, line 3, insert new second sentence:

“As an example, in commercial aviation it is known that at least one employer is insisting that pilots not only become self-employed but must also base themselves for tax and social security purposes in a country other than their main residence.”

British Air Line Pilots’ Association

Bakers, Food and Allied Workers’ Union

Congress also celebrates the smaller affiliates who represent specific crafts, skills and professions. Those affiliates are frequently not recognised by employers and can be overlooked when negotiations are taking place.

Congress notes, with regret, that some consultations and negotiations have led to the erosion of employment rights of those trade unionists represented by the smaller craft, skills and professional affiliates.

Congress calls on the General Council to alert all affiliates to be mindful of the important role played by smaller affiliates and the need for their inclusion in consultations affecting the interest of their members. There is a need to ensure that the employment rights of members in small affiliates are not eroded when larger affiliates reach agreements on behalf of their members.

Congress believes that this can best be achieved by affiliates working cooperatively together to secure the widest possible recognition in the workplace.

Association of Educational Psychologists

Amendment

Add new final paragraph:

“Congress notes the strong occupational identity, high membership density and reciprocal loyalty among members of specialist unions and acknowledges that such unions can lead industrial relations in certain sectors and calls on the General Council to ensure small affiliates are better represented within internal TUC structures.”

Associated Society of Locomotive Engineers and Firemen