He is considering, given the recent wave of on-going industrial unrest, introducing legislation making it possible for bosses in major industries to claim for damages incurred in any trade dispute off the unions involved.
Should these proposals get through parliament it would mean the employers finally getting what they have wanted for years, the repeal of the 1906 Trades Dispute Act. This act introduced by the Liberal government of Henry Campbell Bannerman which repealed the 1901 Taff Vale Railway judgement which had granted the Taff Vale company significant damages off the unions involved in a dispute. It all but financially crippled one of the unions involved. This was repealed by the 1906 Act. From then on till present day trade unions have enjoyed certain immunities from being sued by employers for losses incurred during a trade dispute. If Sunak gets his way these immunities hitherto protecting unions will no longer be there. The law will “allow bosses in health, education, fire, ambulance, rail and nuclear commissioning to sue unions and sack employees if minimum levels are not met”.
At the moment the unions in vital industries like health and fire provide minimum cover in the case of emergencies. Under the new proposed legislation, the employers will decide what a “minimum level” is which will no doubt mean virtually full service making the strike meaningless. Employees who refuse instructions to provide what the employers want will be liable to dismissal.
During the month of December 2022 over one million days were lost due to strikes, strikes in defence of living standards, pay, pensions and conditions to name but a few grievances. Days lost to strikes are calculated by taking the number of people out on strike multiplied by the number of days so, as can be seen, the level of anger towards the end of 2022 among workers was high. For the first time in their 106-year history the Royal College of Nursing (RCN) called a ballot for strike action and acted on the overwhelming yes vote. The most publicised unions involved were the RCN, the Rail and Maritime Transport Union (RMT), the Communications Workers Union (CWU), Unison, Unite and the General Municipal and Boilermakers Union (GMB) representing ambulance workers.
During the month of December 2022 over one million days were lost due to strikes, strikes in defence of living standards, pay, pensions and conditions to name but a few grievances. Days lost to strikes are calculated by taking the number of people out on strike multiplied by the number of days so, as can be seen, the level of anger towards the end of 2022 among workers was high. For the first time in their 106-year history the Royal College of Nursing (RCN) called a ballot for strike action and acted on the overwhelming yes vote. The most publicised unions involved were the RCN, the Rail and Maritime Transport Union (RMT), the Communications Workers Union (CWU), Unison, Unite and the General Municipal and Boilermakers Union (GMB) representing ambulance workers.
These were not the only unions in dispute during the volatile months of latter 2022. Others included teaching staff at 150 universities belonging to the UCU – the biggest strike in the history of UK higher education. Members of the PCS, the main civil service union, working as Border Force, passport and visa staff at airports after 100,000 PCS members working in 214 government departments and other bodies voted for strike action over pay, pensions and jobs. All in all, over one million days in one month were lost - the highest level since 1989.
If this legislation goes ahead, and nothing is certain but must be bore in mind, the unions must be prepared to fight. They must, reluctantly do what our forebearers did, break the law and if necessary, go to jail. Of course, this is a doomsday scenario but better prepared than not as too often in the past, and despite warning signs, the trade unions have been caught napping. Not this time. Of course, negotiations must take place if management wish to take up the countless offers from the unions for talks but we must never take our eye off the ball should the government try and legislate.
If this legislation goes ahead, and nothing is certain but must be bore in mind, the unions must be prepared to fight. They must, reluctantly do what our forebearers did, break the law and if necessary, go to jail. Of course, this is a doomsday scenario but better prepared than not as too often in the past, and despite warning signs, the trade unions have been caught napping. Not this time. Of course, negotiations must take place if management wish to take up the countless offers from the unions for talks but we must never take our eye off the ball should the government try and legislate.
The British Labour Party have promised to repeal any laws which deny the trade unions the protections they now have should the present government go ahead. The problem here is, repealing a law already in place is not as simple as it sounds. For example, not one of Norman Tebbit’s anti-union laws, with the exception of the right to join a union at the Government Communications Headquarters (GCHQ), were repealed by thirteen years of labour governance. And they had, under Blair, a huge majority certainly for their first term. It could be reasonably argued that Tony Blair was not a traditional Labour leader, hence the name; new Labour (the word new was purposely spelt with a small n, so was not officially part of the title).
The question here is, what kind of a Labour leader is Keir Starmer? He has much in common with Blair so, assuming he gets elected, can we guarantee he would repeal any Conservative anti-union laws? Jeremy Corbyn would definitely have repealed such legislation, but Starmer is no Corbyn. Nevertheless, the party are committed to repealing any such legislation should they form a government but I would prefer we stop the present government introducing such draconian legislation.
Another point of note is; if the government do decide to legislate and get such laws through Parliament what then next? Perhaps, which has been muted already, making strikes illegal in certain industries. Could this happen? You bet your last tanner it could! If they try and succeed with these anti-immunities laws what is to stop them outlawing strikes? Just bear it in mind, I am not suggesting negotiations start from this position. Are we heading backwards towards the reintroducing the Combination Acts, 1799, 1800-1824?
Thatcher during her tenure introduced many “para-fascist” laws (termed such by Roger Griffin in his book; The Nature of Fascism) particularly during the 1984/85 Miners Strike without going all the way and banning trade unions. I suspect she would have loved to do this if she could have got away with it. Rishi Sunak is a follower of Thatcher and certainly Thatcherism, so do not be surprised if he tries something very similar. Should these laws ever come to pass many trade unions will be rendered impotent due to the fact they could lose every penny they have. Prepare now, but keep talking which is what, I suspect, Sunak is probably doing.
On Sunday with Laura Kuenssberg Sunday 8th January Prime Minister Rishi Sunak bent over backwards, as is the norm, not to answer any questions. He did, however show slight signs of bending a little on the negotiations front. The government are meeting the trade unions this week to discuss a number of issues, but not pay for 2022/23. Pay for 2023/24, as far as I could decipher, will be discussed but that is not good for this year. RCN General Secretary, Patricia Cullen, informed us, in plain language, that these meetings will not include any of the major union’s general secretaries. In other words the government will meet a team of junior union officials is how it sounds. Sunak, without answering any questions, was trying to make out that he and the union leaders are really good mates, even drinking buddies! The man was lying of course and will continue to lie because governments do not know how to tell the truth in capitalist societies. That said, I suppose any meetings and any talks are better than nothing at all for all concerned.
In Ireland I understand the INMO (Irish Nurses and Midwives Organisation) are talking of industrial action if conditions in the health service do not improve. I would imagine Phil ni Sheaghdha, the unions General Secretary, must be watching events across the water and up the railway line even though the disputes are in another jurisdiction. What happens in the UK has a habit of replicating in the 26 counties. Do not be caught napping.
Another point of note is; if the government do decide to legislate and get such laws through Parliament what then next? Perhaps, which has been muted already, making strikes illegal in certain industries. Could this happen? You bet your last tanner it could! If they try and succeed with these anti-immunities laws what is to stop them outlawing strikes? Just bear it in mind, I am not suggesting negotiations start from this position. Are we heading backwards towards the reintroducing the Combination Acts, 1799, 1800-1824?
Thatcher during her tenure introduced many “para-fascist” laws (termed such by Roger Griffin in his book; The Nature of Fascism) particularly during the 1984/85 Miners Strike without going all the way and banning trade unions. I suspect she would have loved to do this if she could have got away with it. Rishi Sunak is a follower of Thatcher and certainly Thatcherism, so do not be surprised if he tries something very similar. Should these laws ever come to pass many trade unions will be rendered impotent due to the fact they could lose every penny they have. Prepare now, but keep talking which is what, I suspect, Sunak is probably doing.
On Sunday with Laura Kuenssberg Sunday 8th January Prime Minister Rishi Sunak bent over backwards, as is the norm, not to answer any questions. He did, however show slight signs of bending a little on the negotiations front. The government are meeting the trade unions this week to discuss a number of issues, but not pay for 2022/23. Pay for 2023/24, as far as I could decipher, will be discussed but that is not good for this year. RCN General Secretary, Patricia Cullen, informed us, in plain language, that these meetings will not include any of the major union’s general secretaries. In other words the government will meet a team of junior union officials is how it sounds. Sunak, without answering any questions, was trying to make out that he and the union leaders are really good mates, even drinking buddies! The man was lying of course and will continue to lie because governments do not know how to tell the truth in capitalist societies. That said, I suppose any meetings and any talks are better than nothing at all for all concerned.
In Ireland I understand the INMO (Irish Nurses and Midwives Organisation) are talking of industrial action if conditions in the health service do not improve. I would imagine Phil ni Sheaghdha, the unions General Secretary, must be watching events across the water and up the railway line even though the disputes are in another jurisdiction. What happens in the UK has a habit of replicating in the 26 counties. Do not be caught napping.
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Caoimhin O’Muraile is Independent Socialist Republican and Marxist |
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