This website has previously pointed out the dangers that the Trade Union Bill proposes for Union safety Reps as a result of the Government’s aim of classifying paid time off work for USRs duties as facility time, which it is not.
By attacking the long established right of USRs to take time off work in persuant of their role laid down in the Safety Committees And Safety Reps regulations, the Tory’s are showing why they want to change EU membership so they can cull all employment rights, including those of USRs.
Here Dave Joyce, CWU’s National Health, Safety & Environment Officer reports on the current situation and the fact that the All Party Parliamentary Group on Occupational Safety and Health is backing up what the TUC and individual Trade unions are claiming in defence of USRs ability to do their job fully, which this government’s blatant attacks on health & safety legislation generally betrays their true concern for the ehalth, safety and welfare of the British people:
The Bill has progressed through the House of Commons and is now in the House of Lords where it is being considered, debated and amended before passing back to the House of Commons for final consideration prior to Royal Assent and introduction as Law.
The Labour Party via its MPs in the Commons and Peers in the House of Lords continue to fight, oppose and try to amend the Bill at every stage.
The next stage commencing on 8 February will be the Committee Stage in the Lords where there will be line by line consideration.
The Bill Stages next in Summary - Trade Union Bill 2016: House of Lords
- First Reading 11 November 2015
- Second Reading 11 January 2016
- Committee Stage 8 - 25 February 2016
- Report Stage
- Third Reading
(THE BILL THEN PASSES BACK TO HOUSE OF COMMONS TO CONSIDER HOUSE OF LORDS AMENDMENTS - BILLS CAN PASS BACK AND FORTH AT THIS POINT UNTILL ACCEPTED BY THE HOUSE OF COMMONS PRIOR TO ROYAL ASSENT.)
Downlaodable at the end of this article is an excellent and very informative 'Trade Union Bill Briefing to Peers on Union Safety Representatives' circulated by Ian Lavery MP, Chair of the 'All Party Parliamentary Group on Occupational Safety and Health'.
Ian, who has been the Member of Parliament for Wansbeck since the 2010 general election, was previously the President of the National Union of Mineworkers before moving into politics and is a good friend of the Trade Union movement. Ian has worked previously with the CWU, supporting the 'Bite-Back' Campaign on Dangerous Dogs Law changes and also on the 'Cool-It' Campaign for a Maximum Workplace Temperature.
The all-party parliamentary group on occupational safety and health has identified concerns regarding the implications for workplace health and safety in the Trade Union Bill with the main concern being the inclusion of safety representatives appointed under section 2(4) of the Health and Safety at Work etc., Act 1974 and the Safety Representatives and Safety Committee Regulations 1977.
Clause 12 and 13 of the Bill specifically relate to facility time granted to relevant Trade Union officials within public authorities. Relevant Union officials are defined as including health and safety representatives.
The Bill proposes to amend the law and allow ministers to:-
- Impose a cap on the amount of time off given to Union safety representatives.
- Revise contracts of employment.
- Revise National Agreements agreed by employers and Unions.
- Require public sector employers to record and publish all the time off taken by Safety Reps and the facilities provided.
The all-party parliamentary group has importantly pointed out to peers (as has the TUC and Trade Unions) the time granted to Union safety representatives is not as such "facility time”, but a separate legal time-off requirement to perform legal functions and additionally it is also a requirement under European legislation, where the 1989 Framework Directive requires member states to ensure that “Employers must allow workers' representatives with specific responsibility for the safety and health of workers adequate time off work, without loss of pay, and provide them with the necessary means to enable such representatives to exercise their rights and functions.” This means that any restriction on this right would be a breach of EU law.
The Tory Government however has so far refused to remove the reference to safety representatives from the Trade Union Bill. During the House of Commons debates Nick Boles, Tory Government Minister of State at BIS said that “An employer must allow Safety Reps as much paid time off work as is necessary or reasonable to perform their statutory functions and we absolutely do not propose to change that rule. However hours spent by Safety Reps at the taxpayers’ expense has to be justifiable and accountable and represent value for money.” This dangerous proposal is clearly aimed at cutting back the time that Trade Union health and safety representatives take to perform their functions and is an attempt to undermine European Health and Safety Directives.
It is a matter of concern that the government has to date refused to accept amendments removing the reference to safety representatives from the Bill.
The attached briefing points out the important facts that all CWU Health and Safety Reps will be aware of and that is that the current UK Legislation has been in place for nearly 40 years because of the indisputable, universally recognised value that Trade Union Safety Representatives make to the workplace. Research has shown that those workplaces with Trade Union Safety Representatives and Safety Committees have half the serious injury rate compared to those without. They also have lower rates of occupational illnesses and disease. It's not surprising therefore that those employers with the best health and safety records welcome and support Trade Union Safety Representatives and are not calling on the Government to make any changes. It is therefore purely an unjustifiable attack on Trade Unions full stop.
The Trade Union Bill as proposed would be in breach of European Health and Safety Law and it will hinder attempts to improve workers’ health and safety, beginning with public service workers. It won't end there!
The attached briefing will hopefully be noted by the peers involved in the House of Lords debates and decision making when it comes to amending the Bill.
The CWU Health, Safety & Environment Department is most grateful for Ian Lavery's interest, support and persistent, dedicated input on this issue.
Download the Lord's Briefing document here
See also: Trade Union Bill House Of Lords Debate Results In Second Reading Passed.html
Source: CWU LTB077/16
