Trade Union Bill May Violate Human Rights

The Conservative government’s Trade Union Bill may impose “potentially unlawful” restrictions on the right to strike, the government’s own human rights watchdog has warned in a new report by the Equality and Human Rights Commission (EHRC). As the House of Lords prepares to debate the Bill, concerns have been raised that its regressive measures could breach the UK’s international human rights obligations.

EHRC Report Highlights Disproportionate Measures

The EHRC report found that several provisions undermine freedom of association under Article 11 of the European Convention on Human Rights:

• Mandatory selection of a picket supervisor wearing an identifying badge and providing personal details to police.
• Open-ended ministerial powers to amend facility time rules for public sector union activities.

Loran McGregor of the EHRC stated, “Joining a trade union and peacefully picketing outside workplaces is a right not a privilege, and restrictions have to be properly justified and proportionate.”

Government and Opposition Responses

Employment Minister Nick Boles dismissed the EHRC’s concerns: “We have carefully considered all of the legal issues throughout the passage of the Bill and are completely satisfied that we are compliant with our international obligations.”

In contrast, TUC General Secretary Frances O’Grady condemned the Bill as an attempt to shift power from workers to employers: “People aren’t stupid. They know who this Bill is really for.”

Labour leaders have called for the Bill’s complete withdrawal, citing a partisan clause requiring members of Labour-affiliated unions to opt in to paying a levy, potentially costing the party up to £6 million in funding.

Key Implications for Employment Law and Trade Unions

Critics warn that if enacted, the Trade Union Bill will set a precedent for further restrictions on:

• Right to strike across all sectors
• Union facility time and representation
• Political funding from affiliated union members

These measures could ultimately erode collective bargaining rights and weaken the influence of trade unions in the UK.

Related Reading

• Labour Warns on Union Funding Changes
• Striking and Human Rights: An In-Depth Analysis
• Trade Union Bill Human Rights Report