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Foreword
by the Secretary of State for Trade and Industry
In
1999 we introduced the Employment Relations Act in order to ensure that the
UK’s system of employment law was based on fairness, flexibility and
partnership. Through the statutory recognition procedure and other measures, the
Act re-shaped important aspects of employment and trade union law. For the first
time in a generation unions, were given legislative support to establish
themselves as key partners at the workplace, working with employers for greater
productivity and better work practices. We have built on the Act subsequently
– for example, by introducing more family-friendly measures.
Over
three and a half years on, we have honoured our commitment to look again at how
the Act is operating. The timing of this Review is sensible. Though we worked
closely with both employers and trade unions in drafting the Act, we knew we
were legislating in difficult territory. So,
we wanted an early check to see if the Act was working.
The
findings of this Review show one thing more clearly than any other: despite
predictions to the contrary, the Act has been a resounding success. The Act’s
provisions have been workable. With few exceptions, both employers and employees
have accepted it as a reasonable settlement. A new culture at work is appearing.
However,
the Review has identified some areas where
the legislation is unclear or has left loopholes. We are therefore
proposing some limited, though necessary, changes to an otherwise sound and
effective legal framework.
We
have also taken the opportunity of this Review to assess the implications of
last July’s judgment by the European Court of Human Rights in the Wilson
and Palmer case. We have made proposals to enhance trade union rights,
whilst retaining key freedoms of employers and workers to enter individualised
contracts.
We
plan to come forward with legislation during the life of this Parliament to
implement the Review’s recommendations. To help us draft this Bill, I would
greatly welcome your views on the Review’s findings and the proposals it
contains.
Patricia
Hewitt
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Last
updated 3 December 2003
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