United Kingdom

"Article 3. Return of workers to their posts following lawful industrial action. In its previous comment, the Committee had requested the Government to review the Trade Union Act, 2016, in full consultation with the social partners, to strengthen the protection available to workers undertaking official and lawful industrial action. The Committee notes the TUC’s indication that it was not consulted on the issue despite being the most representative organization. The TUC reiterates its concern that the protection for trade union members who take lawful industrial action only extends to 12 weeks, with no guarantee of reinstatement and no prohibition on hiring replacements. The TUC adds that in July 2022, the Government ended a ban on the supply of workers by employment agencies as temporary or permanent replacements for striking workers, a change which was opposed by the social partners. The Committee notes with regret that the Government reiterates its previous position that the existing measures in place to protect striking workers are sufficient. The Government explains that a balanced legal system cannot ensure that striking workers are not dismissed under any circumstances for taking industrial action, considering that protracted industrial action threatens the existence of businesses and the livelihood of non-striking employees. The Committee once again recalls that making the return-to-work conditional on time limits and on the employer’s consent constitute obstacles to the effective exercise of the right to strike, essential for workers to promote and defend the interests of their members. The Committee therefore urges the Government to review the legislation in question, in full consultation with workers’ and employers’ organizations, with a view to strengthening the protection available to workers who stage official and lawfully organized industrial action and to provide information on steps taken in this regard."