Chapter 5 - Campaigning for equal rights
GENERAL COUNCIL REPORT
chapter 5 campaigning for equal rights introduction Equality has again been in the forefront of the TUC's concerns, with the emphasis on integrating equal rights across the TUC's work and developing work in: furthering women's and race equality; promoting the interests of disabled union members; developing the involvement of lesbian and gay workers in unions; and continuing in membership of the Employers' Forum on Age.
One theme has been the use of community organisation to further the involvement of particular groups in trade unionism. As part of the New Unionism Project, reported in Chapter 3, Goldsmiths College Youth and Community Work Department is undertaking a case study in south-east London looking at how the trade union movement could use community resources to communicate with young black people. The William Temple Foundation is also working with the TUC to develop community organising strategies directed at marginal workers. Community involvement also featured heavily in the Respect 97 project.
Other equal rights work is reported below.
5.1 Women's Equality
Women's interests remained a TUC priority during the year, with the Women's Committee overseeing a programme of work aimed at influencing public policy and supporting unions' work on behalf of their women members.
Work on childcare continued, with last year's campaign followed up by a detailed submission to the previous Government in response to their consultation in November 1996. The TUC response set out arguments for a national childcare and nursery education strategy based on local authorities. It pointed to the direct links between the availability of affordable, quality childcare and women's position in the labour market, and suggested priority areas for Government action within overall constraints on public expenditure. One priority area was childcare support for lone parents. These arguments were expanded in the context of the TUC's 1997 Budget submission and representations on the Labour Government's plans to help lone parents back into work, as fully reported in Chapter 2.
Further attention was also given to sexual harassment, with a seminar for unions in November which looked mainly at the use by unions and employers of harassment counsellors. This is a difficult issue on which unions have different views - these matters will be followed up in the coming year.
Another service to unions was the second TUC discrimination law conference,
hosted jointly with Equal Opportunities Review in December. The conference attracted nearly 400 representatives from trade unions, law centres, Citizen's Advice Bureaux and voluntary organisations. The speakers were leading discrimination law practitioners who have led on key UK and European cases, setting important precedents which have been the basis of subsequent workplace negotiation by trade unions. The conference identified new areas of the law which could be used to extend the rights of workers. A further seminar, primarily for lawyers, was also held jointly with the Maternity Alliance and the Public Law Project to look at the discriminatory effect of the Lower Earnings Limit for Statutory Sick Pay and Statutory Maternity Pay.
Unions were invited to a national TUC conference in June to hear the latest developments on equal pay, with particular reference to the two new codes of practice published by the Equal Opportunities Commission and the European Commission. Both codes provide practical suggestions to help employers and unions root out and eliminate discrimination in pay systems. They give guidance on carrying out pay audits, which are a strategy that has been promoted by the TUC for several years. The EOC code is admissible in evidence in proceedings taken under the Sex Discrimination or Equal Pay Acts and may be taken into account by an Industrial Tribunal. The national conference will be followed up by regional seminars, to which the EOC will contribute expertise and staff time.
Still on equal pay, the TUC was disappointed to be told in November that the European Commission was not willing to institute legal proceedings against the UK Government on the basis of the TUC's 1993 Complaint about the effects on women's pay of the abolition of the Wages Councils. However, the TUC will be putting proposals to the new Government for improvements to the equality legislation that will make it easier for women and their representatives to challenge unequal pay in the courts.
The TUC has maintained its close working relationship on women's issues with specialist voluntary organisations and with those public bodies where trade union women are represented, notably the Women's National Commission and the Equal Opportunities Commission. The TUC was active in promoting the WNC/EOC Agenda for Action, a loose-leaf pack of briefings on policy issues directed at political parties in the run-up to the General Election.
The TUC has also kept in touch with pro-choice organisations following an emergency resolution of the 1996 Congress calling on the General Council to reaffirm existing policy on the 1967 Abortion Act and on women's rights of access to contraception and abortion services. Members of the Women's Committee met representatives of the National Abortion Campaign in the autumn, and the TUC remains vigilant in defence of women's rights in this area.
In June the TUC responded to a Government invitation to comment on the quinquennial review of the EOC. TUC-nominated EOC members have served on the Commission since its establishment in 1975, bringing valuable workplace experience to its work. The current TUC Commissioner is Ms Anne Gibson, the second, Ms Liz Symons, having resigned in May after being appointed to a Government post. The
TUC's comments on the review pointed to the EOC's considerable achievements and argued for the continuation of an independent equality agency with the EOC's statutory authority and with strengthened law enforcement powers.
The TUC's comments were made in the context of speculation about the implications of the incorporation into UK law of the European Convention on Human Rights and the possible establishment of a Human Rights Commission. While there was no specific Congress policy on this, the response to the EOC review argued against any dilution of the EOC's functions, resources or statutory authority. Unions were invited to an informal briefing meeting on this issue in July.
Part Time Work The two year TUC campaign on part-time work ended in the Autumn with the publication of a guide, produced in association with Thompson's Solicitors, on part time workers' legal rights.
The campaign, fully reported to the 1996 Congress, highlighted the many issues - and contradictions - that confront trade unions as a result of employer pressure for flexibility and casualisation, and employees' growing need for flexible working arrangements in order to accommodate work and domestic responsibilities.
The conflicting demands of employers and employees was referred to in the conclusions of the European Council meeting in Essen in December 1994, which emphasised the need for measures to promote both employment and equal opportunities for women and men and called for measures aimed at "increasing the employment intensiveness of growth, in particular by more flexible organisation of work which fulfils both the wishes of employees and the requirements of competition". As a result of the Essen Council the Commission, as reported to the 1996 Congress, consulted the social partners under the Social Chapter procedure and it was agreed to commence negotiations on the flexibility of working time and the security of workers.
The negotiations, which are also reported in Chapter 4, began in November and were concluded in May after hard bargaining on both sides. The Framework Agreement on Part-time Work was signed by the employers' organisations UNICE and CEEP, and the ETUC on June 6. Both the TUC and the CBI participated in the negotiations and were signatories to the Agreement. Under Social Chapter procedures the Agreement is likely to become a Directive in the autumn. Member states, including the UK, which will be covered by the Directive following the Labour Government's adoption of the Social Chapter, will have two years in which to transpose the Directive into domestic legislation, with the possibility of a further year's extension.
The Agreement will establish in the UK:
Its implications for equality in the workplace in the UK are far-reaching. There are 5.7 million part-time workers in Britain - and by 2001, one in three British employees will be working part-time. Independent research by the PSI shows that six out of ten part- timers do not have access to the same contractual conditions of service and benefits as their full -time colleagues. But the cost of equalising their rights was estimated by the PSI to be just 0.5 per cent of the total pay bill, significantly less than the £1.8 billion worth of perks and expenses enjoyed by company directors. The research also showed that where companies offered equal treatment for part-time workers the workforce was likely to be more motivated and productive.
The TUC will wish to see domestic legislation reflecting the spirit of the Agreement and will be discussing with the CBI its implementation at workplace level.
The theme of flexibility will be further developed during the coming Congress year through an EU Fourth Action Programme funded European project to be managed by the TUC. The TUC was one of only two UK organisations awarded funding under the 1997 Fourth Equal Opportunities Action Programme for a TUC project on Gender and Flexibility: the organisation of work and time - an action programme. The project has five partners - trade union national centres FNV in the Netherlands, SAK in Finland, the ETUC, and voluntary organisations in Italy and Spain. It will explore the inter-relationship between flexibility and the organisation of social and work time, and the implications for women workers in the five countries.
International
The TUC has continued to play an active role in the Women's Committees of the ETUC and the ICFTU. A large delegation represented British trade unionists at an ETUC Women's Conference in Lisbon in February on equality and Economic and Monetary Union, and the TUC has participated in meetings of the European Commission's Advisory Committee on Equal Opportunities.
Several EU developments involved the TUC in a range of consultations and negotiations through the ETUC. Apart from the negotiations on part time work reported above, these included discussions with the social partners leading to the Directive under the Social Chapter on the burden of proof in sex discrimination and equal pay cases - provisionally agreed by the Social Affairs Council in June; and consultations on the implementation of the EU code of practice on sexual harassment.
TUC Women's Conference
The 67th TUC Women's Conference was held in Scarborough on 12 - 14 March 1997. Chaired by Ms Judy McKnight, it was attended by 270 delegates from 45 affiliated unions, 25 representatives from Trades Councils and Regional Councils and over 100 visitors and exhibitors. Guest speakers were the TUC President Mr Tony Dubbins, the General Secretary Mr John Monks and the Labour Party women's spokesperson Ms Janet Anderson.
This year the Conference again had an informal debate to encourage more delegates to participate more actively. The debate, on involving more women in trade unions, was facilitated by Ms Yvonne Roberts. A number of newer delegates spoke in the debate. Delegates were given Give us Five postcards on which to propose five ways to involve women in their trade union. This exercise highlighted the need for more women officers and general secretaries; greater accessibility of union events; the need for child care facilities; better training for union representatives; and more publications targeted at women.
In the formal conference sessions resolutions were carried dealing with a wide range of subjects, including black women's double disadvantage, pensions, child abuse and child protection, domestic violence, the welfare state, public services, education, international issues, young people and trade unions, the representation of women at Congress, bullying and violence at work, and balancing work and family life.
5.3 race equality
The Race Relations Committee have dealt with a range of race equality issues during the year, with particular emphasis on promoting European Year Against Racism. The TUC was represented on the national coordinating committee overseeing the UK's contribution to the Year and has participated in a range of events marking the Year.
As mentioned in a resolution of the 1996 Congress, the TUC focussed on the potential for racism to feature in the General Election campaign. A CRE declaration opposing the use of racism in the election and signed by the main political parties was circulated to unions with a request for any information on racist campaigning by
candidates. Then, just before the beginning of the election campaign the TUC circulated to unions details about the activities of far right parties in the election, including a list of candidates. This information had been compiled by the British Board of Jewish Deputies.
Also in the pre-election period the TUC was a signatory to a statement, Race for the Election, together with eight other organisations: 1990 Trust, Churches Commission for Racial Justice, Joint Council for the Welfare of Immigrants, National Assembly Against Racism, National Black Alliance, National Coalition of Anti-Deportation Campaigns and the Runnymede Trust. The statement was used in advertising and circulated to unions and to election candidates. It highlighted the long list of areas where black people were unfairly treated in Britain and where action was needed: unemployment, racial attacks, exclusions of black pupils, stop and search, deportations, and asylum seekers. The statement called for political parties to have clear and specific policies on these issues. It said that it was imperative that Britain approached the election and the new millennium with clear policies to address discrimination and create fairness and justice.
The resolution from last year's Congress was also concerned about the implications for trade unions of the Asylum and Immigration Act and called for its repeal. The resolution was referred to the then Shadow Home Secretary, who signalled Labour's intention not to implement sections of the Act, including Section 8 which covers employers' liability for employing unauthorised workers.
In the autumn the TUC circulated to unions CRE interim guidance on Section 8 of the Act. In October 1996 the Home Office issued draft guidance to employers on Section 8. The TUC was highly critical of the draft, which revealed lack of clarity about the precise intention of S8 and contained 'political' statements about illegal immigration that were not based on fact. The Home Office issued an amended version of the document in January: Asylum and Immigration Act S8 - The Prevention of Illegal Working. This was an improvement on the draft. The TUC also published detailed guidance for unions on S8 in January, and will be pressing the new Government to clarify their intentions as regards the Act's other provisions.
Further points in last year's resolution drew attention to changes to Civil Service nationality rules and draft Government guidance on the admission to schools of children from overseas: the TUC drew these to the attention of the relevant Ministers as well as supporting the Civil Service unions campaign on the nationality rules.
In July the TUC ran a "Root Out Racism" telephone hotline staffed by union equality officer, members of the Race Relations Committee and lawyers and offering advice and support for people suffering racial harassment and discrimination at work. The telephone number was widely advertised and in four days the hotline received over 80 calls. These revealed widespread racism in the workplace, including abuse and harassment from fellow workers and discriminatory treatment by employers. Callers were given advice and referred to unions and / or specialist agencies such as the CRE and Citizen's Advice Bureaux.
The hotline was part of the TUC Unite Against Racism campaign (see below), as was the series of workplace posters on race issues to be launched at the 1997 Congress. The posters are designed as a visual reminder of the importance of race equality at work and to raise the TUC's profile in this area.
The TUC has also been active in an ETUC campaign against racism and xenophobia. This was launched in London in the summer of 1996 and culminated in a conference in Brussels in March 1997 at which the TUC was represented by 14 delegates. The campaign featured seminars in different European countries, at which the TUC has been represented, and research into good trade union practice on tackling race discrimination in the workplace. Also in the EU context, this year saw the eventual success of the TUC and ETUC's long campaign to secure an amendment to the European Treaties to give the EU competence to act on racial discrimination. The Treaty of Amsterdam provides for the EU to take action to combat discrimination based on racial or ethnic origin, and the TUC will be following this up in the coming year.
1997 TUC Black Workers' Conference
The 1997 TUC Black Workers' Conference was held in Scarborough on 14 - 17 April. Chaired by Mr Manny Blake of the CWU, it was attended by 215 delegates from 41 unions, together with 10 Trades Union Councils and Regional Council representatives and over 80 visitors and exhibitors.
Speakers were the General Secretary and Ms Maria Helena Andre, ETUC Confederal Secretary. Resolutions were carried on a wide range of issues including discrimination and equal opportunities policies at work; the European Year Against Racism and other European issues; the recruitment of black workers and their involvement in trade unions; immigration and asylum; religious discrimination; the TUC Unite Against Racism campaign; public services; the criminal justice system; racial violence; black women; school exclusions; and public appointments.
Once again, the conference achieved extensive local and regional media coverage on the basis of a report Black and Excluded analysing the position of black people in the labour market.
Unite Against Racism: Respect 97
The Unite Against Racism campaign was one of the General Council's key priorities this year, with a decision taken in the autumn to mark European Year Against Racism with a second Respect music festival.
Following the success of Respect 96, this year's event, the only national music festival in Britain in 1997 offering free entertainment and an anti-racist message, was once again a lively celebration of Britain's racial and cultural diversity. The festival was held in Victoria Park, east London, returning the TUC campaign to the East End where it began three years ago in response to the election of a racist to the local
council. At the festival 100,000 people enjoyed two pop music stages, international music and dance, a variety marquee, children's entertainment and exhibitions and stalls.
An important feature of the Respect project was extensive work in the local community in east London. In cooperation with the Tower Hamlets council and anti- racist and community groups, the TUC held several meetings with the communities and initiated a number of schools-based projects, including a "Respect" banner- making project. One consequence of this activity was the extensive involvement of the community as performers on the day.
Affiliated unions had a strong presence on the day. In addition the TUC distributed thousands of leaflets promoting trade unionism; and throughout the day announcements were made to remind people attending that this was a trade union event and part of the Unite Against Racism campaign. The TUC also commissioned an opinion survey of those attending the festival to assess the degree to which people recognised the festival's anti-racist and trade union messages.
The festival was presented by the TUC in association with The Prince's Trust and the Commission for Racial Equality. It was produced for the TUC by the Mean Fiddler organisation and Workers' Beer Company, and would not have been possible without the support and sponsorship of trade unions, major employers and the European Commission. Welcome assistance was also provided by Tower Hamlets Council.
As with the 96 festival, a souvenir brochure was produced with articles, interviews, messages of support and a foreword by HRH The Prince of Wales.
Once again, the festival succeeded in bringing together wide sections of the community and promoting the TUC's anti-racist message to the wider public.
5.3disability
In 1997 the TUC has campaigned for equal rights for disabled people, and produced advice for unions on disability issues.
The campaign for equal rights for disabled people has also been a constant feature of the TUC's weekly Update on disability issues. Updates, which are sent to more than 150 trade union and disability organisations by fax and e-mail, now have a worldwide readership. The current Update, and back issues, are also available in both the disability rooms of the TUC website. The Disability Campaign HQ (http://www.tuc.org.uk/ vbuilding/tuc/browse/object.exe?50&0), includes documents on epilepsy, trade unions and disabled members, Committees on the Employment of People with Disabilities and the Access to Work scheme. There are also links to disability organisations and union sites dealing with disability issues. The Disability
Discrimination Resource Room (http://www.tuc.org.uk/vbuilding/tuc/browse/ object.exe?337&0), includes documents on the Disability Discrimination Act, and has further links.
This summer a Minicom (text telephone) was installed in Congress House, enabling deaf people to telephone the TUC. The direct line is 020 7436 9476.
Disability Discrimination Act
In accordance with a resolution of the 1996 Congress, the TUC has continued to press for comprehensive and enforceable anti-discrimination legislation for disabled people. The Disability Discrimination Act 1995 (DDA) is not, in our view, an acceptable substitute for such legislation. The Act's definition of disability is based on a medical, rather than a social model of disability; its employment provisions do not cover police officers, firefighters, prison officers, members of the armed forces, people working on ships, aircraft or hovercraft or any workers in companies with fewer than 20 employees; it does not provide a right of access to all goods and services, and its weaknesses in regard to education and transport are particularly worrying. There is no Commission to enforce the Act: a feature which will cause particular problems in dealing with cases of employment discrimination.
The TUC continues to press these concerns through the Rights Now coalition of organisations of and for disabled people, campaigning for comprehensive and enforceable anti-discrimination legislation for disabled people. The TUC contributed to Rights Now's programme of regional meetings, which took the campaign up to the general election. These concerns were also pressed by Ms Rita Donaghy and Mr Richard Exell, the TUC's representatives on the National Advisory Council on the Employment of People with Disabilities.
In December, the employment provisions of the DDA came into effect. Despite criticisms of the Act, unions are keen to use whatever opportunities it offers to represent disabled members facing discrimination. To supplement the TUC's guide to the Act a briefing on the Government's Code of Practice and Guidance to the Act was published in the spring.
The TUC has been concerned to ensure that there is the widest possible understanding of the DDA amongst trade union officials. To this end one-day briefing meetings in Wales and each of the English regions were held at the end of 1996, and in the early months of 1997, at which detailed advice and information about the Disability Discrimination Act was made available. A two-day training course was also held at the National Education Centre in December, and another is planned for October of this year.
The DDA does not outlaw discrimination against people with a genetic predisposition to a condition. In June the TUC submitted comments to consultations by the Medical Research Council and the Nuffield Council on Bioethics on genetic testing. The TUC
argued that there could be adverse consequences if genetic testing were to be widely practised by employers, or if it were to become common for employers to demand test results from prospective employees. These arguments were also made in a TUC report, Genetic Testing By Employers, published in July.
In addition to the general equal opportunities issues facing all disabled people, there are specific employment problems relating to different impairments, and the TUC provides advice to help unions on these problems. The TUC is collaborating with the British Association of Cancer United Patients in producing a guide to workplace issues for people with a diagnosis of cancer and their union representatives, stressing the rights of people with (or who have had) cancer to privacy and not to suffer discrimination, and looking at the adjustments which can enable someone with cancer to remain in work.
Unions are increasingly taking measures to make themselves more accessible to disabled members. To support them in this work, a report on best practice, Benchmarking Disability, and a directory of disability consultants and trainers are in preparation. A TUC guide to accessible union premises and events is also planned for early 1998.
Through the ETUC the TUC has been pressing for three years for a European social dialogue initiative on disability. This campaign achieved its first success in July 1996, when the European Commission published a communication on Equality of Opportunity for the Disabled, which invited the social partners to develop a special co-operation on this issue. In June the TUC was represented at a seminar for the social partners, hosted by the Commission, at which the ETUC proposed the establishment of a working group to produce a joint statement on the employment of disabled people. The employers agreed to consider this at the Social Dialogue Committee, and the prospects for progress seem fair.
TUC Disability Forums
TUC Forums on Disability Issues have continued to provide invaluable advice, information and support for the TUC's work on disability. Since last year's Congress there have been three Forums, chaired by Ms Rita Donaghy, of the General Council, and a further Forum is planned for later this year.
Forums on Disability Issues bring together General Council members, union- nominated members of Committees on the Employment of People with Disabilities (CEPDs) and social security Disability Appeals Tribunals and participants nominated by affiliates. Typically, union nominees include equal rights officers, members of union equality committees, and union officials who negotiate on behalf of disabled members. The TUC particularly encourages unions to nominate disabled members to attend Forums.
Most TUC work on disability is developed after discussion at one or more Forums, or, where such a course of action is not possible, work undertaken has been
reported to a Forum.
In the past year Forums on Disability Issues have provided useful advice on the TUC's programme of disability-related publications, and have dealt with the abolition of CEPDs. These were established by the Disabled Persons (Employment) Act 1944 to provide advice on matters relating to the employment of disabled people in their locality. The Act required that equal numbers of employer and worker representatives be appointed, and CEPD members have accounted for a significant proportion of participants at Forums.
In December, the Government announced that CEPDs would not be re-constituted when their current term of office expired on 31 March, and that the Employment Service would be invited to establish a Disability Consulting Group for each English region, and for Scotland and Wales. The General Secretary wrote to the Minister, expressing disappointment at his decision, and arguing that CEPDs could have continued to play a useful role in promoting the employment of disabled people.
5.4 lesbian and gay rights at work
This year the TUC maintained its commitment to an annual conference on lesbian and gay rights with conference entitled "Pride at Work" on 4 July linked to the Pride festival. The event was extremely well attended. Speakers included Stephen Twigg MP and the General Secretary. Following consultation with unions the conference was mainly based on professionally run workshop sessions led by experts in different fields.
As reported to the 1996 Congress the TUC has carried out a lengthy consultation among affiliates on future TUC lesbian and gay conferences. Two rounds of written consultations revealed a marked lack of consensus among unions on the future structure and format of the conference.
To progress matters, a meeting of union representatives to discuss some of the issues raised in the consultation was held in December. Discussion at the meeting was very wide-ranging, with many of the points made reflecting unions' previous written responses to the consultation exercise. The meeting underlined the lack of consensus on matters like the future shape of and representation at the conference. However, a majority view emerged that the conference should aim to influence policy and ensure that the voice of gay and lesbian workers was registered in the TUC's work. A majority had also agreed that the conference should aim to ensure the maximum participation of the greatest number of affiliates, and of gay and lesbian workers.
However, there had been no agreement about how this could best be done. A further difficulty was that many unions' views were not represented in the consultation process. It was therefore decided to make interim arrangements for the 1997 conference, based on the limited areas of agreement at the December consultative
meeting. In order to give unions further influence over the content of the conference debates a further meeting with unions was held in May to decide on the workshop and plenary discussion topics. Also, unions were sent a discussion document about the future of the conference; this was circulated to conference delegates in advance of the conference, together with comments received from unions.
The 1997 conference was attended by 160 delegates from 26 unions. There were wide-ranging discussions on issues of concern to lesbian and gay workers, including the future of the conference - on which subject the delegates emphasised arguments put forward by their unions in the consultation exercise. A full report will be made to the General Council.
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