Observation (CEACR) - adopted 1989, published 76th ILC session (1989)

1. The Committee notes the information set out in the report submitted by the Government. It also notes the conclusions of the Committee on Freedom of Association in Case No. 1391 (256th Report of the Committee, approved by the Governing Body in May-June 1988, paras. 39 to 89.).

2. Article 4 of the Convention. The Committee notes that the Government still intends to establish permanent machinery for the determination of schoolteachers' pay and conditions of service by April 1990, when the Teachers' Pay and Conditions Act, 1987 is due to expire. The Committee notes that to this end, the Government has had meetings with the National Employers' Organisation (representing local education authorities), and with each of the teacher unions, in order to hear their responses to its proposals for a new Teachers' Negotiating Group. The Committee also notes that the Secretary of State is presently considering these responses - with a view to preparing draft legislation.

The Committee trusts that any new scheme which may emerge from this process will enable primary and secondary school teachers in England and Wales to negotiate on a voluntary basis their terms and conditions of employment and their remuneration in accordance with Article 4 of the Convention.

The Committee requests the Government to keep it informed of any further developments in this regard.

3. Article 1. The Committee has always taken the view that Article 1 of the Convention guarantees workers adequate protection against acts of anti-union discrimination both in taking up employment and during the course of employment and that it covers all measures of anti-union discrimination (dismissals, transfers, demotions and any other prejudicial acts) (General Survey on Freedom of Association and Collective Bargaining, 1983, paras. 279 and 256).

The Committee notes that the Employment Protection (Consolidation) Act, 1978 (as amended by the Acts of 1980, 1982 and 1988) provides some measure of protection against discriminatory dismissal on grounds of union membership and activities (section 58), and against action short of dismissal (section 23). However there does not appear to be any legislative protection against denial of access to employment on grounds of union membership or activity. Both the wording of Article 1 and the jurisprudence of the Committee clearly require that workers should have protection against this form of discrimination. Accordingly, the Committee asks the Government in its next report to indicate the measures taken or contemplated in order to bring the situation into conformity with the requirements of the Convention in this regard.