06 March 2023 , 00:01
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Tory plans to ban some public sector workers from joining walkouts would put Britain in breach of its human rights obligations, it has been warned.
MPs and peers today call on ministers to reconsider “draconian” anti-strike legislation that would make it easier to sack workers who head to picket lines.
The Strikes Bill, which will be debated in the House of Lords later this week, would also leave trade unions at risk of million-pound fines.
The Joint Committee on Human Rights said it is likely to be incompatible with the European Convention on Human Rights.
It warned the penalties that would be imposed on trade unions for failing to comply with the Bill would be "severe".
Teachers, civil servants and train drivers walk out in biggest strike in decade
Joanna Cherry denounced Tory anti-strike plans as 'draconian' (AFP/Getty Images)"In our view, they may amount to a disproportionate interference with Article 11 [of the ECHR], particularly in circumstances where the strike does not involve essential services and risks to life and limb.
"The Government should reconsider whether less severe measures, such as loss of pay or suspension from work for employees who fail to comply with work notices, could be effective."
Committee chair and SNP MP Joanna Cherry said the Bill needs amending to address some of the "deep flaws".
She added: "Heavy-handed sanctions are compounded by vague rules that would leave striking workers and unions in confusion as to whether they had been met or not.
"The sectors included in the Bill are also ill-defined, risking over-reach into areas only tangentially linked to the maintenance of vital public services. This means the Bill, in our view, is likely to be incompatible with human rights law which provides a right to association and with it, protection for strike action."
Teachers, nurses, paramedics and rail workers are among those striking over pay (PA)She called on the Government to "think again and come back with legislation that better respects the protections guaranteed by the European Convention on Human Rights".
Deputy Labour leader Angela Rayner said the committee is "just the latest expert body to conclude the Government's shoddy Bill is not just unworkable but likely unlawful".
She added: "It's time for ministers to go back to the drawing board, not plough on with a dog's dinner of a policy that will do nothing to resolve disputes and instead risks pouring petrol on the fire."
TUC general secretary Paul Nowak said: “This Bill is undemocratic, unworkable and almost certainly illegal.
“And crucially it will likely poison industrial relations and exacerbate disputes rather than help resolve them. This nasty Bill should be junked immediately.”
Sunak branded 'pathetic' for attempt to pin blame on Labour for mass strikes
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