Annex 3 to chapter 1

annex 3

Fairness at Work White Paper: TUC Action Plan

The proposed new rights contained within the White Paper offer a considerable opportunity, which has not been available for many years, to advance and protect the livelihoods of working people and their unions. Maximising the opportunities - and guarding against possible pitfalls - poses a significant challenge to the TUC and affiliates, the scale of which demands a movement-wide response. It will require a strategic approach, significant allocation of resources and a real commitment, on the part of the TUC and unions, to work together for the benefit of both existing and potential members.

The TUC campaign in the run-up to the White Paper made an important contribution to securing the significant advances in employee rights it pledges.

But there is no room for complacency. The TUC campaign must continue. We must both defend the advances in the White Paper from employer attack, and continue to make our case on those aspects of the White Paper - in particular the small firms exemption and the 40 per cent ballot threshold - that remain unacceptable and unfair.

It is of course impossible to set out in advance a full campaign timetable, as much of this campaign will consist of defending the White Paper from attacks, in seizing opportunities to put across our case and making careful judgements about government thinking as they respond to the consultations set in train by the White Paper. Issues which have proved to be uncontroversial so far may blow up, and other issues on which we have had to push hard will be seen as secure. Nor would we want to alert our opponents to all our initiatives in advance.

However, the campaign will need to sustain the arguments we have used successfully to date and continue the very high degree of unity and co-operation between the TUC and affiliates. Our campaign themes so far have been:

• that very many people at work today suffer from bad treatment and exploitation, and that changes in the law are needed to protect them.

• that business succeeds where it works in partnership with the unions representing their workforce.

• that union representation and recognition are a simple >right to be heard=.

To these we can add the need to defend the White Paper proposals from likely employer attacks. These include:

• automatic recognition with 50%+1 membership

• lifting the upper limit on compensation for unfair dismissal

• automatic representation in grievance procedures

• rights to claim unfair dismissal if dismissed for taking part in lawful industrial action

While we will need to defend each of these with detailed arguments, the broad theme of our defensive campaign will be that only bad employers have anything to fear from the White Paper. Good modern employers prefer partnership to adversarial relationships.

The campaign will need to continue with most of the elements used to date including a clear media strategy that aims to relate the rights at issue to real workplaces and real people, an intensive public affairs programme aimed at MPs and other decision makers, mobilising union members to lobby and campaign in support of the campaign and continue an engagement with the business community to promote partnership and good practice.

But, as well as continuing our campaign work, the TUC and unions need to prepare from now on to use the potential of the proposed legislation to the full. The New Unionism project, and the TUC Organising Academy which is to move into a second year, provide one important focus for the trade union Movement=s new emphasis on the need to build a strong organising culture to renew trade unionism. It will be crucial that in the new, more positive statutory framework, competition between unions does not distract resources and attention from the organising challenge facing the Trade Union Movement as a whole. Urgent attention will accordingly need to be given to measures to foster positive inter union relationships and to minimise the chances of wasteful competition. The interface of the TUC=s Disputes Principles & Procedures with the new statutory arrangements will also need to be carefully considered.

Other key elements of the work programme must include:

• the production of information materials and a programme of briefings to raise awareness of the new rights at all levels of the trade union movement.

• continued work with employers to convince them of the positive benefits of unionisation and union recognition as key components of the partnership agenda.

• a movement-wide programme of training for union full-time officers, senior elected officials and workplace activists on the development of practical strategies to maximise recruitment, organising, recognition and bargaining opportunities afforded by the White Paper.

• considering how to make best use of the proposed Government funds for training aimed at promoting partnerships.

After Congress the General Council will consider urgently how best to take this work programme forward.