Trade Union Access to Workplaces

Chris Stephens Excerpts

Tuesday 4th June 2019 Westminster Hall

[Chris Stephens (Glasgow South West) (SNP)]

It is a pleasure to see you in the Chair, Ms McDonagh. I congratulate the hon. Member for Warrington South (Faisal Rashid) on securing this debate and on bringing forward his ten-minute rule Bill, which I support—he has my guarantee.

It is traditional in these trade union debates to make our declarations. I declare my 20 years of trade union activity before I was elected to this place, my membership of Glasgow City Unison, and my position as chair of the Public and Commercial Services Union parliamentary group. I will in the next few days declare a settlement agreement with my former employer as a result of an equal pay claim.

I make those declarations not just to show my trade union credentials; it is obviously important to mention the trade union role in the education and personal development of workers. I have no shame in saying—I am sure I am not the only Member of Parliament present who would say this—that I would not be here without the skills, knowledge and experience I gained as a trade union representative and activist.

The hon. Member for Warrington South described the historical and present contexts. On the current context, it is very interesting that the governing party is having a leadership election—a so-called grand national, although I think the grand national is for thoroughbreds, not necessarily for people putting themselves forward for leader of the Conservative party. Many who are seeking to be the next Prime Minister have the inclination to deregulate markets—an inclination not too dissimilar to that of Donald Trump. It seems that some will argue over the next few years that the solution to a deregulated market is to deregulate it even further. It is complete and utter political nonsense.

[Mr Sweeney]

The hon. Gentleman mentions the contenders for leadership of the Conservative party. The Foreign Secretary presides over a Department that is in dispute with PCS over Interserve. The Department has essentially hived off core staff into an arm’s length company that fails even to recognise the trade union that is mentioned in employees’ contracts. Is that not shameful? The Foreign Office should act immediately to resolve the situation.

[Chris Stephens]

I agree wholeheartedly, but on this occasion the hon. Gentleman underdoes his criticism of the Foreign Office. It gave a contract to a company that will be the next Carillion, because it is in administration. It is absolutely and utterly ludicrous that the Government are giving contracts to companies that are failing.

Members including the hon. Member for Midlothian (Danielle Rowley) have mentioned the historical context and blacklisting. We know that it has been going on in the construction sector. The difference between that sector and other sectors of the economy is that people in the construction sector found the blacklist, but I know there are blacklists in other sectors. Given my trade union activity over the past 20 years, I would be very surprised if I were not on a blacklist.

We have seen the erosion of trade union rights over the past few decades. There is the anti-trade union Bill, which I will touch on; the erosion of facility time in the public sector; the publishing of that facility time, and the suggestion that it is a cost to the public purse when it is not; a public sector pay cap; and the erosion of collective bargaining. In Scotland, 81% of workers were covered by collective bargaining agreements for pay in 1979. The figure is now 23% as a result of the deregulation of markets.

The examples provided by the hon. Member for Warrington South are very alarming. As far as the Scottish National party is concerned, all workers should have the right to trade union membership and to organise as a collective trade union. Multinational companies purposefully stopping trade unions from recruiting staff is against employer best practice, and does not bode well for the prospect of positive workplace relations. These incidents can make workers feel isolated and alienated, further frustrating cohesion in the working environment.

As the hon. Gentleman said, the benefits of a trade union workforce have been consistently documented by research—not just by the TUC, but by others—that suggests members are more likely to be paid more, more likely not to be dismissed, more likely to have better leave provisions and more likely to work fewer hours of unpaid overtime. Those are important gains. Members are also more likely to find themselves in a pay and grading scheme that complies with the Equal Pay Act 1970, and trade unions have played a vital role in ensuring that employers comply with that very important piece of legislation. As the chief economist of the Bank of England has said, the weakening of trade union power in the United Kingdom has hit workers’ pay over the past few decades.

Trade unionism should be viewed as an opportunity to improve workplace relations, as trade union representatives and officials bring a vital perspective to a workplace, and do more than play a role in collective bargaining; for example, they ensure effective communication between employers and workers. Indeed, trade unions provide workers who go on to become trade union representatives with the opportunity for personal development through lifelong learning. They ensure a common footing on communication between employees and employers.

I want to highlight the great work being done by organisations such as Better Than Zero, which is highlighting some awful employment practices, particularly on zero-hour contracts and the status of workers—the bogus self-employment that is increasing in the economy. Since I support the ten-minute rule Bill introduced by the hon. Member for Warrington South, I hope that he will support mine, the Workers (Definition and Rights) Bill, because it is important that we deal with zero-hours contracts. Under my Bill, such contracts would be allowed in only one circumstance: where there is a collective agreement with an organised trade union. That would nail once and for all the view espoused by some people that workers like zero-hours contracts. Having trade unions in workplaces where there are zero-hours contracts would put that to the test.

My Bill would simplify the status of workers, because there is far too much bogus self-employment—people are finding out that they are self-employed when they thought that they were employees. It would also provide another opportunity to expose the anti-trade union Act that was passed in the last Parliament and has significantly reduced the mobilisation and organising power of trade unions. The Act has in particular impacted on facility time, which is integral to a trade union’s ability to prepare for collective bargaining. That law pits the Government and employers against trade unions and is needlessly divisive. Publishing details of facility time and its so-called cost to the public purse is frankly outrageous. The fact is that trade union reps save both time and money by improving workplace relations and enforcing best practice.

I support the hon. Gentleman’s Bill, and I hope he supports mine. It is a pleasure once again to support the trade union movement—the best partner with our society.

--- Later in debate ---

[Andrew Stephenson]

I appreciate that point, and I hope I will get to address it slightly later in my remarks. I was trying to emphasise that those rights, as they exist, amount to the right for a union, through its individual members and officials, to recruit and organise in a workplace.

It is important that I address the argument about the UK’s general commitment to human rights. In particular, I wish to refute the argument that the right, under article 11 of the European convention on human rights, for workers to join a trade union and to organise is effectively being denied. That could not be further from the truth. The UK has a long-standing commitment to uphold human rights. The Government are satisfied that our trade union legislation complies with our international obligations, including article 11 of the European convention.

As I have set out previously, workers are free to join a trade union and to participate in trade union activities. That is protected by law. Unions are also free to organise and seek collective bargaining arrangements with employers. Where an employer refuses to recognise a trade union voluntarily, our legislation provides for a statutory recognition procedure. That allows independent unions to apply to the Central Arbitration Committee to be formally recognised for collective bargaining purposes. Unions that can demonstrate majority support for recognition in the workplace will secure statutory recognition from the committee.

[Chris Stephens]

The Minister defines the legal position. Does he believe, therefore, that the Government could do more to enforce that legislation, to ensure that the many alarming examples that the hon. Member for Warrington South (Faisal Rashid) gave us are not repeated anywhere in the United Kingdom?

[Andrew Stephenson]

I do not wish to comment on any of the individual cases that have been raised by Members today, but it is always important to keep these things under review, to look at the evidence and to see where legislation can be changed if there is a need for that, to reflect what is happening in the labour markets.

Returning to the Central Arbitration Committee, the UK courts have found that the statutory recognition procedure complies with article 11. Furthermore, the European Court of Human Rights has accepted the Government’s view that the UK’s trade union legislation strikes the right balance between the rights of trade unions and their members, and the legitimate interests of others. The UK’s system is based on the democratic wishes of workers in the workplace. If workers in the UK want to organise and be represented by a trade union, they have the means to do so.

--- Later in debate ---

[Andrew Stephenson]

I have to make some progress.

Union members are also entitled to unpaid time off during working hours to participate in union activities, for example to attend union meetings or vote in internal union elections.

In relation to access to facilities, the ACAS code of practice on time off for trade union duties and activities states that employers should, where practical, make available to union representatives the facilities necessary for them to perform their duties efficiently and to communicate with their members. The provisions of the code are admissible in evidence in proceedings before an employment tribunal relating to time off for trade union duties and activities. Provisions of the code that appear to the tribunal to be relevant should be taken into account. The Government therefore believe that the current arrangements in relation to facility time are sufficient. The arrangements have been in place for a long time, and are well understood by both employers and trade unions.

[Chris Stephens]

I thank the Minister for his generosity. Why, therefore, is it necessary for the Government to publish the so-called cost to the public purse of facility time for civil service trade unions? It seems to me that there is no cost and that the benefits of providing facility time outweigh the so-called cost.

[Andrew Stephenson]

I will raise that matter with the Minister for Small Business, Consumers and Corporate Responsibility, and I am sure she will be more than happy to write to the hon. Gentleman with an answer.

In his speech on 15 May introducing his Bill, and again today, the hon. Member for Warrington South referred to strengthening collective bargaining in the workplace. In the UK, collective bargaining remains an important method whereby pay and other terms and conditions are set. The UK takes a voluntary approach to collective issues. Collective bargaining is largely a matter for individual employers, their employees and their trade unions. Most collective bargaining in this country takes place because employers have voluntarily agreed to recognise a trade union and bargain with it. The Government do not believe that they should be in the business of forcing employers or their workers to enter into collective bargaining arrangements if they do not wish to do so. Instead, we prefer a voluntary and democratic approach. However, where an employer refuses to recognise a trade union voluntarily, our legislation provides for a statutory recognition procedure.

In 2018-19, the Central Arbitration Committee received 56 trade union recognition applications. Of those, six were able to reach agreement without the need for a ballot, including that reached between the employer Babcock Mission Critical Services Onshore and Prospect. A total of 25 applications were withdrawn and, encouragingly, 13 of these were because the employers and unions were able to reach agreement voluntarily. The key point I wish to reiterate is that if a majority of workers in a workplace want to organise and be represented by a trade union, they have the right to secure trade union recognition for collective bargaining purposes.

The Government recognise the important role that trade unions play in the UK economy and society and, personally, I hope that that continues for many years to come. Individual workers have the right to join a union and take part in union activities. Unions, through their individual members and officials, effectively have the right to recruit and organise in the workplace. Unions are also free to seek collective bargaining agreements with employers. If necessary, they can obtain statutory trade union recognition as long as they can demonstrate majority support for union recognition in the workplace. Our legislation therefore does not need amending. It is well established, and has been backed by successive Governments. If workers and unions want collective bargaining in workplaces across the UK, they are free to organise to achieve that.