The IER Podcast· Staffel 1· Folge 5

Strike Rights: Are UK Workers Getting A Raw Deal?

· 33 min

MP3

Shownotes

<p><strong>"Having the right to strike doesn't mean you have to exercise it. The point is to have the right in order that workers ultimately have leverage in negotiations."</strong></p><p><strong>- </strong><a href="ier.org.uk/blog-author/john-hendy-qc/"; rel="nofollow"><strong>Lord John Hendy KC</strong></a></p><p>Without improved support for workers’ right to strike, will Labour’s new<a href="ier.org.uk/resources/the-employment-rights-bil…; rel="nofollow"> Employment Rights Bill</a> leave British workers <a href="ier.org.uk/news/employment-rights-bill-a-step-…; rel="nofollow">over-exposed and under-protected</a>?</p><p>In conversation with <a href="ier.org.uk/"; rel="nofollow">Institute of Employment Rights</a> Director, <a href="ier.org.uk/news/new-director-for-the-institute…; rel="nofollow">James Harrison</a>, leading labour law experts Lord John Hendy KC and Prof. Keith Ewing address the failure of the Bill to meet the UK's obligations under international employment law.</p><p>They question if the <a href="ier.org.uk/news/labours-fair-work-agency-will-…; rel="nofollow">new bodies created under the Bill</a> have the teeth to fill the void left by a properly resourced Ministry of Labour - Britain is one of only a handful of developed nations that do not have a Labour Minister running their own department.</p><p><strong>" Businesses, employers will be laughing at unions all the way through the process, because they know that at the end of the day, they can keep the union out."</strong></p><p><strong>- </strong><a href="ier.org.uk/blog-author/keith-ewing/"; rel="nofollow"><strong>Professor Keith Ewing</strong></a></p><p>Pointing to the shortcomings in the Bill regarding the<a href="ier.org.uk/comments/industrial-action-and-labo…; rel="nofollow"> right to strike</a>, union access to workplaces and adequate enforcement agencies, these two industrial law heavyweights raise the prospect that - even under the new legislation - there could be a repeat of <a href="ier.org.uk/news/joint-statement-on-the-2-year-…; rel="nofollow">the P&O case</a>, where almost 800 sailors were summarily dismissed.</p><p><br></p><p><strong>Topics & Questions:</strong></p><p><strong>The Right To Strike: </strong>Is the UK violating international law by restricting workers' right to strike?</p><p><strong>Still No Ministry Of Labour: </strong>Will the new Fair Work Agency be strong enough to truly protect workers?</p><p><strong>Workplace Access: </strong>Can unions overcome the obstacles in Labour's new bill to effectively advocate for workers?</p><p><br></p><p><strong>Chapters:</strong></p><p>00:00 Welcome</p><p>01:26 The Right To Strike: A Fundamental Human Right</p><p>02:51 Britain's International Obligations On The Right To Strike</p><p>05:15 Electronic Ballots For Strike Action</p><p>08:03 Labour Party Commitments Dropped</p><p>15:28 Workplace Access Rights For Trade Unions</p><p>19:51 Remedies For Unions Vs Employers: A Legal Mis-Match</p><p>21:21 Union Access: How It Works Outside The UK</p><p>23:21 New Agencies, Limited Powers, No Labour Ministry</p><p>28:08 Inadequate Enforcement On Behalf Of Workers</p><p>32:28 Thank You For Joining Us</p><p><br></p><p><strong>Takeaways:</strong></p><p><strong>Workers’ Rights:</strong> </p><p>The UK's restrictive strike laws, particularly compared to international standards, undermine workers' bargaining power.</p><p>This imbalance makes it harder for unions to negotiate fair wages, secure better working conditions.</p><p>It also makes it harder to protect against unfair dismissal, ultimately leaving workers vulnerable to exploitation. </p><p><strong>Inadequate Enforcement:</strong> </p><p>Despite the promise of a new Fair Work Agency, its limited powers and narrow focus raise serious doubts about its ability to protect workers. </p><p>Without the ability to prosecute employers or address a wider range of labour violations, the agency may struggle to prevent future mass dismissals and other abuses.</p><p>This situation will leave workers reliant on lengthy and costly legal battles to defend their rights - without much confidence of adequate compensation should they win.</p><p><strong>Unions Blocked:</strong> </p><p>Although Labour's bill offers some positive changes, like simplifying ballot procedures, it falls short of addressing key obstacles to union organising and strike action. </p><p>Unions will still need to navigate complex legal hurdles and employer resistance to gain workplace access and effectively exercise their right to strike.</p><p>This highlights the need for strategic planning and continued advocacy for stronger worker protections.</p><p><br></p><p><strong>Credits:</strong></p><p>The IER podcast is sponsored by<a href="thompsonstradeunion.law/"; rel="nofollow"><strong> </strong>Thompsons Solicitors</a>.</p><p>For Thompsons resources and advice on Trade Union law visit thompsonstradeunion.law</p><p>This podcast is produced for IER by<a href="creativekin.co.uk/"; rel="nofollow"> Creative Kin</a>.</p><p>To find out more, visit creativekin.co.uk/ier</p><p>Recorded at Creative Kin's<a href="studio.creativekin.co.uk/near-me"; rel="nofollow"> London studios</a>.</p><p>Studio Producer and Editor:<a href="linkedin.com/in/jason-caffrey/"; rel="nofollow"> Jason Caffrey</a></p><p>Theme Music:<a href="open.spotify.com/playlist/37i9dQZF1E4wGY0di7hW…; rel="nofollow"><strong> </strong>Daniel Jorgensen</a></p>

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