Introduction

The rise of trade unions reached its peak in 1979. At the time, this was when the Conservative government led by Margret Thatcher sought to restrict the powers of trade unions generally. The Conservative government recognised the opportunity to restrict the political and economical power that trade unions had acquired. Most notably during the 1960s and 1970s, which witnessed a profound number of industrial strike activities.[1] Two attempts have been made at restricting the powers of trade unions. This can be seen through the introduction of the Trade Union and Labour Relations (Consolidation) Act 1992, as well as the Trade Union Act 2016. It will be demonstrated that the existence of trade unions should be more apparent within a 21st Century Britain. At a time when the UK’s political, social and economic landscape is disjointed and divided,[2] it is argued that the presence of solidarity should be welcomed.

The Fall of Trade Unions

The current number of trade union members throughout the United Kingdom stands at 6.2 million. This is in stark contrast to the 13 million members recorded in 1979.[3] The abolishment of closed shop union membership, which required all employees within a workplace to join a union, consequently resulted in many workers questioning the benefit of joining a union. Why would a worker join a union when the collective agreements undertaken by their union ultimately benefits every worker, regardless as to whether they are part of the union or not. This has deterred many workers from actually joining a union. But this is just a small issue within a much wider context.

The industries which were traditionally centred around the presence of trade unions have deteriorated over time. For example, industries like coal, steel and to some extent the car manufacturing industry have seen both financial and social transformation. Given that the UK’s main export is on service-based products, especially the financial service industry. It argued that there has been difficultly in trying to unionise the service-based industries.[4] This is further noted when a direct comparison is made between the total union members in the public sector and the private sector. In the latter, only 13.4% are members to a union. Whereas, in the former 52.7% of workers are represented by a union.[5] Indeed, the UK economy is very different to what is was in 1979. With the rise of a gig economy and the imposition of austerity led policies introduced by the coalition government in 2010 has had a major role in the number of workers joining a union.[6]

A Conservative Attack on Trade Unions

A Conservative government will actively seek to undermine the solidarity of unions. This is achieved by allowing members to ballot on potential industrial action,[7] as well as being able to challenge the activities of their union.[8] If a Conservative government can increase the powers of each union member, then it allows for its activities to be directly questioned by its members. Given that union members have a choice in whether they wish to partake in Union activities,[9] the effectiveness of solidarity is weakened. Here, the Conservative government has to a large extent reduced the focus of solidarity by allowing union members to voice their own opinions and have the freedom to decide what is best for themselves. This is opposed to the traditional situation where whatever the union says, goes.

Further attempts at undermining the solidarity of trade unions is noted through the abolishment of workers from one industry being able to strike for workers from another industry.[10] This author argues that Conservative governments have created legislation that effectively mirrors the policy of divide and conquer. This consequently led the European Court of Human Rights (‘ECtHR’) to classify secondary industrial action as an accessory freedom, rather than as a core freedom under Article 11(1) European Convention on Human Rights.[11] Indeed, the ECtHR achieved this by conferring a wide margin of appreciation to the UK government. However, this decision was also in response to severe political issues during the proceedings. The effect of the decision means that a trade union’s ability to call for industrial action can only be in relation to one type of enterprise. Thus, the court effectively restricted the powers of trade unions.[12] Employers themselves will also go to lengths at undermining the principle of solidarity. For example, this is noted through some companies employing an external third[1]party company to work for them during any industrial action.[13]

The Importance of Trade Unions

So far, it seems as if the existence of trade unions should be viewed as a negative. Conversely, their existence is vital to workers. This is especially true for women in the workplace, since the total number of female union members stands at 54.5%.[14] Indeed, many workers will recognise a union as a means of protection. However, protection is not solely confined to the limits of a workplace. The trade union called Unison even fought against the introduction of employment tribunal fees, since it undermined the constitutional right of access to justice.[15]

It is submitted that trade unions exhort a great deal of political influence. To the extent that they can promote new legislation that will see a positive change to the rights of workers.[16] Their influence is even extended into the areas of health, education and social security.[17] Some commentators have even suggested that trade unions are ‘the administrative agent of the state’.[18] However, this is only partly true. When assessing the political, legal and social context of modern Britain, the role of trade unions has effectively been reduced through the anti-union legislation introduced by previous Conservative governments. Something which has already been discussed. Unfortunately, this has reduced the capacity of trade unions to mere a body that influences employment focused legislation.[19]

If the political power that trade unions once had is now diminished, the remainder of this essay will focus on their importance within the workplace specifically. One of the main advantages of having a trade union is that it allows for collective bargaining powers. This is to be welcomed, since it ensures that all workers receive fair protection in regard to the conditions of their employment.[20] When assessing the bargaining powers held by some large conglomerate enterprises against its workers, the gap between the two can be drastically unequal. A trade union allows for this gap to be closed down and thus give the workers a voice. If the workers of a large company are represented by a union, then it makes it more difficult for the company to simply ignore their requests. The presence of a trade union allows the workers to hold their employer accountable to certain rights, conditions as well as improvements within the workplace. This is clearly demonstrated by the fact that in 2016 a union member earnt on average £15.07 per hour, whereas a non-union member earnt £13.25.[21] But this gain is usually a trade-off. For instance, the salary a union can acquire for its members may adversely affect the performance of the company, since the salary is excessively above the average market rate of pay.[22] While this may have a consequential impact on the economy, a trade union will most likely seek to obtain an improvement in earnings if the company is seeing an increase in profits. In essence, if the company is earning a profit, then why should its workers be excluded from this?

Conclusion

From 1979, the powers that a trade union had have been diminished over the decades. This is a direct consequence of the anti-union legislation introduced by previous Conservative governments that aims at restricting a trade union’s political, legal, social and economic influence. However, a trade union’s role is not entirely negative. It is a misconception that modern Britain does not encourage the facilitation of trade unions. Not only do they offer protection to workers, but they also play a key role in developing employment rights and laws. If it was not for the existence of trade unions, we would not have the statutory protection afforded to us now. In a world where technology is outgrowing the need for a human presence in some job roles, the recognition of a union is required even more so.

Written by Mr Jake Richardson LL.B (Hons)

Connect with Jake on LinkedIn: https://www.linkedin.com/in/jake-richardson-a83570113/

References:

[1] <www.nationalarchives.gov.uk/cabinetpapers/alevelstudies/1960-radicalisation.htm> accessed 12 March 2019

[2] Anthony Seldon, ‘A Disunited Kingdom… Why Brexit Britain is as Divided as Europe in 1914’ The Telegraph (26th June

2016) <www.telegraph.co.uk/men/thinking-man/a-disunited-kingdom-why-brexit-britain-is-as-divided-as-europe-i/>

accessed 12 March 2019

[3] Anne Davies, Employment Law (Longman Series, 1st edn, Pearson 28th May 2015) 385.

[4] Jeremy Waddington, ‘Trade Union Membership in Britain, 1980-1987: Unemployment and Reconstructing’ (1992) 30 BJIR

287, 300-304

[5] Department for Business, Energy & Industrial Strategy, Trade Union Membership 2017 Statistical Bulletin (31st May 2018)

[6] Alexandra Topping, ‘Union membership has plunged to an all-time low, says DBEIS’ The Guardian (1st June 2017) <www.theguardian.com/politics/2017/jun/01/union-membership-has-plunged-toan-all-time-low-says-ons> accessed 12 March 2019.

[7] Trade Union and Labour Relations (Consolidation) Act 1992, s 226

[8] Trade Union and Labour Relations (Consolidation) Act 1992, s 230

[9] Trade Union and Labour Relations (Consolidation) Act 1992, s 65(2)(a).

[10] Trade Union and Labour Relations (Consolidation) Act 1992, s 244(1).

[11] National Union of Rail, Maritime and Transport Workers v United Kingdom App no 31045/10 (2015) 60 EHRR 10.

[12] Alan Bogg and Keith Ewing, ‘The Implications of the RMT Case’ (2014) 43 ILJ 221, 225-227, 236-238

[13] ‘The Gate Gourmet Dispute’ Striking Women <https://www.striking-women.org/module/striking-out/gate-gourmet[13]dispute> accessed 12 March 2019.

[14] Department for Business, Energy & Industrial Strategy, Trade Union Membership 2017 Statistical Bulletin (31st May 2018)

[15] R (on the application of Unison) v Lord Chancellor [2017] UKSC 51, [2017] 3 WLR 409.

[16] KD Ewing, ‘The Function of Trade Unions’ (2005) 34 ILJ 1, 13-17.

[17] Anne Davies, Employment Law (Longman Series, 1st edn, Pearson 28th May 2015) 387; KD Ewing, ‘The Function of Trade Unions’ (2005) 34 ILJ 1, 3-5.

[18] George Douglas Howard Cole, Organised Labour (George Allen & Unwin 1924) 146.

[19] Anne Davies, Employment Law (Longman Series, 1st edn, Pearson 28th May 2015) 387.

[20] Anne Davies, Employment Law (Longman Series, 1st edn, Pearson 28th May 2015) 436.

[21] Department for Business, Energy & Industrial Strategy, Trade Union Membership 2017 Statistical Bulletin (31st May 2018)

[22] Friedrich August Hayek, The Constitution of Liberty (University of Chicago Press 1960) chapter 18