Comprising of Motions 01 and 02
This Congress calls on the recently elected UK government to realise its manifesto pledges in respect of workers’ rights to bring a swift end to the hostile environment that workers have experienced for the past few decades, that has resulted in poorer working conditions and falling living standards.
Congress further notes that Labour’s Plan to Make Work Pay committed to repealing the Trade Union Act 2016, the Minimum Service Levels (Strikes) Act and other anti-union legislation.
Congress recommits to the TUC’s longstanding policy for the repeal of all anti-union laws and for positive legal rights for trade unions.
Congress reiterates its opposition to the Minimum Service Levels (MSLs) legislation, which attempts to outlaw effective strike action in key unionised sectors of the workforce.
Congress deplores the Strikes (Minimum Service Levels: Fire and Rescue Services) (England) Regulations 2024, which came into force on 21 March 2024 and the fourth set of regulations to come into force after the first two were introduced on 7 December 2023 which included Passenger Railway Services Regulations.
Congress condemns these regulations, which state that fire and rescue control rooms and other firefighters must function during industrial action “as if it were a non-strike day”. Congress applauds the FBU’s campaign to persuade the devolved administrations, local fire authorities and the fire employers to refuse to issue work notices for MSLs. Further, Congress applauds ASLEF in successfully dissuading employers from using the Act after the threat of further strike action was tabled.
Congress demands that the new Westminster government immediately take urgent action to:
i. repeal the Trade Union Act 2016 removing the ballot thresholds required for industrial action, including the additional 40 per cent threshold applied to certain public sector workers, and the six-month limit for industrial action mandates, that have significantly undermined the ability of workers to advance and protect their interests
ii. repeal the 2023 Strikes (Minimum Service Levels) Act, with its fundamental attack on the ability of workers to take strike action
iii. remove other anti-union laws, including closing existing legal loopholes in the TULRA 1992 (identified in Mercer v Alternative Future Group) that allow employers to punish workers for strike action with sanctions short of dismissal, which was ruled incompatible with ECHR Article 11 and creates a detriment for those taking part in strike action
iv. outlaw zero-hours contracts to ensure that workers have greater job security
v. strengthen the role of trade unions in collective bargaining and ease the process of statutory recognition where employers do not recognise a trade union for collective bargaining purposes
vi. give all workers full employment rights from day one of employment, and to ensure that workers have accessible and effective routes to realise their rights
vii. legislate on a complete ban on ‘fire and rehire’ also called dismissal and re-engagement. This should include any potential loopholes, such as the use of fire and rehire for company restructuring.
viii. ensure workers across Britain are covered by the provisions of the full implementation of Labour’s New Deal for Working People and utilise all available avenues to continually drive-up employment rights.
Congress instructs the General Council to campaign vigorously to realise these aims and to hold the UK government to account until it does so.
Congress notes the Labour Party’s 2024 general election manifesto committed to implementing ‘Labour’s Plan to Make Work Pay: Delivering a New Deal for Working People’ in full – introducing legislation within 100 days. If the government has not legislated within the first hundred days, a special TUC congress will be called to discuss next steps.
Mover: Educational Institute of Scotland
Seconder: Fire Brigades Union
Supporters: Unite, Union of Shop, Distributive and Allied Workers, Public and Commercial Services Union, Communication Workers Union, Associated Society of Locomotive Engineers and Firemen