 “In the exercise of their rights under Article 11 § 1 unions’ must remain free to decide, in accordance with union rules, questions concerning admission.

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Presentation transcript:

 “In the exercise of their rights under Article 11 § 1 unions’ must remain free to decide, in accordance with union rules, questions concerning admission to and expulsion from the union.”

 In ASLEF v UK the European Court of Human Rights also stated that "under Article 11 unions must remain free to decide, in accordance with union rules, questions concerning admission to and expulsion from the union“

 the situation in the United Kingdom is not in conformity with Article 5 of the Social Charter in relation to sections 15, 65, 174 and 226A (of TULR(C)A).

 “1. Everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and to join trade unions for the protection of his interests.  2. No restrictions shall be placed on the exercise of these rights other than such as are prescribed by law and are necessary in a democratic society in the interests of national security or public safety...or morals or for the protection of the rights and freedoms of others.”

 Freedom of Association (including for trade unions and employers’ associations)  - the right to organise effectively  - the right to free collective bargaining  - the right to take industrial action are basic essential human rights.  Only by this means can we expect to redress the imbalance of power between the governments and business on the one hand and people on the other.

 Section 15 TULR(C)A 1992 – “It is unlawful for property of a trade union to be applied...towards the payment for an individual of a penalty which has been or may be imposed on him for an offence or for contempt of court”

 Section 226A - relating to the notice of ballot and sample voting paper for employers – whereby the trade union must take such steps as are reasonably necessary to give 7 days notice of the ballot and 3 days before a copy of the sample voting paper, including all that information to enable the employer to help the employer to identify the employees

 Section 65 - the right of individuals to take action against a union if they are “unjustifiably disciplined” by the union. But an individual is unjustifiably disciplined by a trade union if the conduct consists in one of a list beginning with the failure to participate in or support a strike or other industrial action