General Council Report 2023
TUC mission statement
The TUC brings together more than five million working people who belong to our 48 member unions. We support trade unions to grow and thrive, and we stand up for everyone who works for a living. Every day, we campaign for more and better jobs, and a more equal, more prosperous country.
Introduction - Paul Nowak
It’s a huge honour to be elected your general secretary, and to welcome Congress to my home city.
As the representative body for 48 unions and over five million members from every walk of working life, the TUC plays a unique role. We are Britain’s largest democratic mass movement of, and for, working people. And our work has never been more important than it is now.
The cost-of-living crisis continues to hammer workers and their families. While fuel and energy bills have eased slightly, food costs, rents and mortgages are all rocketing far ahead of wages. But the pay emergency facing working people has been long in the making. Since the Conservatives came to power in 2010, UK wage growth has been the weakest in the G7 – with workers suffering the longest pay squeeze in over two centuries.
The cost-of-living crisis continues to hammer workers and their families. While fuel and energy bills have eased slightly, food costs, rents and mortgages are all rocketing far ahead of wages.
As working families struggle to make ends meet, it’s a very different story for those at the top. CEO pay increased by 23 per cent last year. City bonuses, profits and dividends are shooting through the roof. And sales of Rolls-Royces, Porsches and superyachts have hit record levels. That’s why unions won’t tolerate lectures about the need for pay restraint. The terrible war in Ukraine, global food prices and corporate greed are driving inflation, not workers’ wages.
As the pressure on working people has intensified, we’ve seen an upsurge in industrial action. Hundreds of thousands of workers in every sector of the economy have had no alternative. Over the last few months, I have been proud to stand on picket lines with posties, civil servants, paramedics, physios, teachers, lecturers, railway staff and workers from across the private sector as they fight for fair pay.
The TUC stands shoulder to shoulder with every affiliate involved in the industrial action, with our Solidarity Hub helping union members vote yes and win industrial disputes. And that’s the key, because strike action isn’t an end in itself – it’s action aimed at winning pay rises, defending jobs, and standing up for services, terms and conditions. We have seen unions in the private sector win significant pay rises. And in the public sector, where the government had previously insisted there would be no further negotiations and no new money, the perseverance of our unions has seen real progress across a range of sectors.
This spring, I was proud to share a platform with the inspirational leaders of the Amazon Labor Union, who led the first successful unionisation of one of the firm’s US sites. Here in the UK, Amazon workers in Coventry have been engaged in historic strike action for a £15 hourly wage and union recognition. And there are signs that Amazon workers elsewhere – and indeed workers across the digital economy – are organising for change.
Over the last few months, I have been proud to stand on picket lines with posties, civil servants, paramedics, physios, teachers, lecturers, railway staff and workers from across the private sector.
And it’s precisely because unions are standing up for workers – and winning for workers – that the Conservative government is attacking our rights. New legislation setting out minimum service levels in education, transport, the NHS and elsewhere is a politically motivated attack on the right to strike, poisoning industrial relations and prolonging disputes. With more than one in five workers effectively having their right to strike removed, the TUC is exploring how best to legally challenge the new legislation. And of course, if Labour wins the next election, we will work with the new administration to repeal these spiteful laws at the first opportunity.
Despite promising a huge upgrade in workers’ rights after Brexit, the government threatened a wide range of fundamental employment rights through its EU Retained Law Bill. Thanks to our efforts, and the efforts of politicians and campaigners, it was forced to backtrack on its promised bonfire of EU regulations. But we are not complacent; last year’s appalling scandal at P&O, when 800 workers were unlawfully sacked, underlines the need for a stronger, not weaker, framework of rights.
With an election looming, the TUC is campaigning for a change of political direction – notably the election of a government on a worker- and union-friendly manifesto. We continue to demand a New Deal for working people, including a ban on zero-hours contracts, fire-and-rehire, and bogus self-employment. We’re making the case for fair pay agreements to raise wages, conditions and standards across whole sectors of the economy. And we want stronger rights for unions to access the workplace, both physically and digitally, day-one employment rights and the repeal of stifling anti-union legislation.
I am determined that we hardwire equality into everything we do, leading the fight for racial justice, securing fairness for our disabled and LGBT+ members, and tackling the gender inequalities that bedevil modern Britain.
In the long run, we want a new economy that rewards work rather than wealth. We must invest in good, green, and – crucially – unionised jobs to tackle the climate emergency. We must share the gains from new tech and AI fairly, giving workers a say about the transformations already underway. And we must introduce fair taxes the rich can’t dodge, so we rebuild our shattered public services and deliver fair pay for all public sector workers.
As the Covid public inquiry got under way, the TUC exposed how years of austerity under David Cameron and George Osborne left our public services hugely unprepared for the pandemic. Unsafe staffing levels, a broken safety net and minimal workplace safety enforcement all led to painful and tragic consequences. The TUC continues to work closely with Covid-19 Bereaved Families for Justice to highlight the disastrous impact of austerity and hold the government to account.
When I became general secretary in the new year, I said my defining mission was to build a stronger, more diverse, more inclusive trade union movement. I am determined that we hardwire equality into everything we do, leading the fight for racial justice, securing fairness for our disabled and LGBT+ members, and tackling the gender inequalities that bedevil modern Britain. That includes taking a zero tolerance approach to sexual harassment – especially within our own ranks. Every woman must feel safe, valued and welcome in her union.
Ultimately, trades unionism is about friendship and solidarity between working people. With the government seeking to divide working people with its dreadful migration policies and the far right on the march, let’s remain true to our values of unity, equality and respect. And let’s take pride in our internationalism: from Brazil to Colombia, we’ve shown that change is within our grasp.
Have a great Congress.
Solidarity to all.
Paul Nowak
1.1 Introduction
The last year has witnessed a level and scale of industrial action not seen in the UK for decades, as workers right across the economy found the confidence to push back against derisory pay offers from employers in the private and public sectors. Unions worked extremely hard to overcome barriers and double-thresholds to secure lawful mandates for strike action.
The TUC held two movement-wide roundtables on coordinating industrial campaigns, respecting individual unions’ democratic processes, and supported collaboration at a sectoral level, especially in health and education. This wave of industrial action motivated the establishment of our Solidarity Hub (see page 32), which provides support and guidance to unions taking industrial action, and collects data and intelligence on union campaigns.
There is much evidence that industrial action has led to improved outcomes in pay negotiations across the economy. Against a backdrop of rampant inflation and massive cost-of-living pressures facing working people, unions have secured double-digit pay rises in many parts of the private sector. We have also managed to persuade a recalcitrant government to move significantly on previously imposed pay awards.
The last year has witnessed a level and scale of industrial action not seen in the UK for decades, as workers right across the economy found the confidence to push back against derisory pay offers.
As we go to print, a number of long-running disputes remain unresolved and, in line with composite 18, the TUC continues to demonstrate its support for those workers taking action in higher education (HE) and rail. This has been a year in which solidarity has been the watchword for trade unionists everywhere.
1.2 Protecting the right to strike
In line with emergency resolution 4, throughout the year, the TUC has supported workers involved in industrial action.
During the course of the year, the government stepped up its efforts to use the law to clamp down on strike action. Ministers sought to give themselves the power to impose minimum service levels to operate during strike action. Their first target was the transport sector, with the introduction of the Transport Strikes Bill during the Liz Truss’s brief period of government in autumn 2022. This was supplanted in January 2023 by the Strikes (Minimum Service Levels) Bill, which broadened the reach of the legislation to six huge sectors: health, education, fire and rescue, transport, decommissioning of nuclear installations and management of radioactive waste and spent fuel, and border security. The government showed its intent by swiftly launching consultations to implement minimum service levels in the ambulance, fire and passenger rail sectors.
These proposals are a massive infringement on union rights - and more than one in five workers could be affected. This pernicious piece of legislation paves the way for ministers in Whitehall to set any minimum service level they like – including in devolved services. Work notices issued by employers will name workers who have to attend work – with the threat of being sacked if they don’t comply. Unions will have to take ‘reasonable steps’ to get members to comply or they could face damages – and the whole strike could be deemed unlawful, removing legal protections from all involved.
The TUC Executive Committee established a working group of senior union officers to guide and inform the TUC’s work. Our focus was on seeking to defeat the Bill. But with a hefty Tory majority in the House of Commons, we also sought to delay and disrupt the legislation.
As called for in composite 7, the TUC has run a high-profile campaign to defend the fundamental trade union right to strike. As set out in composite 18, we ran a programme of town hall meetings and campaigning activity through the autumn of 2022, including a rally and lobby of parliament.
When the Strikes Bill was published, we launched a mobilisation campaign, getting trade union members to run events all over the UK on 1 February, Protect the Right to Strike Day, and handing in a petition with more than 280,000 signatures. We ran a high-profile media campaign, including a partnership with the Daily Mirror. We briefed journalists to combat the government’s spin, and achieved more than 250 national print and broadcast mentions. Much of the coverage – including reporting in the centre-right press – reflected union framing of ‘the right to strike’ and other key messages.
We also produced social media content that reached millions of people, and ran adverts in print, online and on billboards. When the Strikes Bill came to the House of Lords, we ran an innovative campaign to get individual union members affected by the Bill to write physical letters to individual peers. This increased crossbench attendance and helped contribute to multiple government defeats on amendments in the Lords stages.
When the Strikes Bill returned to the House of Commons after defeats in the Lords, we organised an emergency protest in Parliament Square, at which the Labour Party repeated its commitment to repeal the legislation. We coordinated key interventions with international parliamentarians, civil rights groups, women’s rights groups, employment lawyers and others.
In parliament, the TUC worked closely with opposition parties, with notable success in the House of Lords. We also engaged closely with Conservative and crossbench peers. As a result, the government was defeated multiple times during the passage of the Bill, including on the key issues of unfair dismissal rights for workers and union rights not to force members to cross picket lines. However, the Bill received royal assent in July 2023 and is now the Strikes (Minimum Service Levels) Act 2023. Labour is committed to repealing this legislation on entering government and the TUC will be working closely with unions to oppose the law.
1.3 Agency worker regulations
A TUC-coordinated group of 11 unions made a successful legal challenge to regulations that allowed agencies to supply employers with workers to fill in for those on strike.
The High Court ruled in July that the-then secretary of state for business, energy and industrial strategy, Kwasi Kwarteng, failed to consult unions, as required by the Employment Agencies Act 1973 – quashing the 2022 changes.
The TUC had warned the law could worsen industrial disputes, undermine the fundamental right to strike and endanger public safety.
ASLEF, BFAWU, FDA, GMB, NEU, NUJ, POA, PCS, RMT, Unite and Usdaw brought the case. This was combined with separate challenges from UNISON and NASUWT.
1.4 Retained EU Law (Revocation and Reform) Bill
The TUC has also been at the forefront of the fight against the Retained EU Law (Revocation and Reform) Bill.
This Bill gives ministers huge powers to ditch important employment and health and safety rights, as well as environmental and consumer protections.
Coordinated by the Executive Committee’s anti-union measures working group, a key part of the strategy was to initiate external alliances to prevent the government attempting to divide and rule the Bill’s opponents.
Our campaign alongside environmental, civil society, legal and business groups led to a front-page splash in the Financial Times. The alliance has continued to coordinate on lobbying and campaigning activity.
A joint intervention with the health and safety sector also secured an FT front page and substantial media coverage.
The TUC has worked closely with opposition politicians, particularly in the House of Lords. This included hosting a briefing in parliament, alongside the Employment Lawyers Association and the Chartered Institute of Personnel and Development (CIPD), supporting peers to find out about the Bill’s impact. The TUC has also provided several written briefings to MPs and peers.
This sustained pressure resulted in a significant climbdown, with the government ditching central provisions that would have led to the automatic expiry of retained EU law at the end of the year.
However, workers’ rights remain at risk as the Bill gives ministers huge powers to rush through changes with no opportunity for parliament to influence them.
The government suffered repeated defeats in the House of Lords as peers sought to limit these so-called Henry VIII powers. However, the Bill eventually achieved royal assent in June 2023.
The government has already paved the way to use its new powers to weaken workers’ rights by launching a consultation that would reduce record-keeping for working time, could lead to lower holiday pay for those who rely on statutory rights, and removes consultation rights for those in small businesses that are transferred to a new owner. The TUC has submitted a strong response to the consultation opposing these changes and will continue to fight against them.
The government has failed to meet its previous promise to ‘protect and enhance’ workers’ rights, instead seeking to axe them.
1.5 New deal for workers
Repeated scandals have shown the pressing need for a new deal for working people with collective action at its heart. The TUC continues to demand coordinated action to deliver day-one employment rights, ban zero-hours contracts, fire-and-rehire and bogus self-employment, and strengthen union and collective bargaining rights.
As noted in composite 7, the shocking no-notice sacking by Zoom call of 786 seafarers employed by P&O Ferries in March 2022, and their replacement with below-minimum-wage agency crew, was yet another sign that UK employment law is not fit for purpose.
Repeated scandals have shown the pressing need for a new deal for working people with collective action at its heart.
To mark the one-year anniversary of the dismissals, the TUC made a major media push to highlight that ministers had broken their promises to stop such sackings ever happening again. Our report P&O Ferries Mass Sackings – one year on showed that they have abjectly failed to close the loopholes exploited by bosses at P&O.
In line with composite 7, our demands included stronger criminal and civil sanctions against employers that seek to circumvent due process, and the removal of the cap on protective awards to prevent companies from being able to put a price on criminal conduct.
Fire-and-rehire remains a problem across the economy. It continues to be used by unscrupulous employers to reduce terms and conditions in a range of sectors, including education. In line with resolution 23, the TUC has pursued a political response aimed at building cross-parliamentary support for legislative reform to ban fire-and-rehire. We continue to campaign for urgently required reforms to statutes to prevent opportunistic bosses cutting workers’ wages.
Ministers tried to fob off workers with inadequate proposals for a code of practice to deal with this immoral practice, which the TUC shot down in the media and in its written response to the associated consultation.
Freelance workers often bear the brunt of turmoil in the labour market. In line with composite 8, the TUC is due to publish its New Agenda for the Self- Employed to push for increased protections for this vital group of workers.
As set out in composite 18, trade unions must lead the defence of working people in the UK. But working peoples’ efforts to act collectively to improve their terms and conditions are held back by repressive and outdated laws. The TUC has continued to lobby for and develop the proposals set out in the 2019 report A Stronger Voice for Workers.
The General Council has continued to press for the removal of barriers to trade union recognition and for an overhaul of laws that mean statutory ballots are postal-only.
As set out in section 2, the TUC has also been working with unions to develop our approach to sectoral fair pay agreements.
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