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The British National Party (BNP) is a far-right, fascist political party in the United Kingdom. It is headquartered in Wigton, Cumbria, and is led by Adam Walker. A minor party, it has no elected representatives at any level of UK government. The party was founded in 1982, and reached its greatest level of success in the 2000s, when it had over fifty seats in local government, one seat on the London Assembly, and two Members of the European Parliament. It has been largely inactive since 2019.
A trade union or labor union, often simply referred to as a union, is an organization of workers whose purpose is to maintain or improve the conditions of their employment, such as attaining better wages and benefits, improving working conditions, improving safety standards, establishing complaint procedures, developing rules governing status of employees and protecting and increasing the bargaining power of workers.
Freedom of association encompasses both an individual's right to join or leave groups voluntarily, the right of the group to take collective action to pursue the interests of its members, and the right of an association to accept or decline membership based on certain criteria. It can be described as the right of a person coming together with other individuals to collectively express, promote, pursue and/or defend common interests. Freedom of association is both an individual right and a collective right, guaranteed by all modern and democratic legal systems, including the United States Bill of Rights, article 11 of the European Convention on Human Rights, section 2 of the Canadian Charter of Rights and Freedoms, and international law, including articles 20 and 23 of the Universal Declaration of Human Rights and article 22 of International Covenant on Civil and Political Rights. The Declaration on Fundamental Principles and Rights at Work by the International Labour Organization also ensures these rights.
United Kingdom labour law regulates the relations between workers, employers and trade unions. People at work in the UK have a minimum set of employment rights, from Acts of Parliament, Regulations, common law and equity. This includes the right to a minimum wage of £11.44 for over-23-year-olds from April 2023 under the National Minimum Wage Act 1998. The Working Time Regulations 1998 give the right to 28 days paid holidays, breaks from work, and attempt to limit long working hours. The Employment Rights Act 1996 gives the right to leave for child care, and the right to request flexible working patterns. The Pensions Act 2008 gives the right to be automatically enrolled in a basic occupational pension, whose funds must be protected according to the Pensions Act 1995. Workers must be able to vote for trustees of their occupational pensions under the Pensions Act 2004. In some enterprises, such as universities or NHS foundation trusts, staff can vote for the directors of the organisation. In enterprises with over 50 staff, workers must be negotiated with, with a view to agreement on any contract or workplace organisation changes, major economic developments or difficulties. The UK Corporate Governance Code recommends worker involvement in voting for a listed company's board of directors but does not yet follow international standards in protecting the right to vote in law. Collective bargaining, between democratically organised trade unions and the enterprise's management, has been seen as a "single channel" for individual workers to counteract the employer's abuse of power when it dismisses staff or fix the terms of work. Collective agreements are ultimately backed up by a trade union's right to strike: a fundamental requirement of democratic society in international law. Under the Trade Union and Labour Relations (Consolidation) Act 1992 strike action is protected when it is "in contemplation or furtherance of a trade dispute".
A pre-entry closed shop is a form of union security agreement under which the employer agrees to hire union members only, and employees must remain members of the union at all times to remain employed. This is different from a post-entry closed shop, which is an agreement requiring all employees to join the union if they are not already members. In a union shop, the union must accept as a member any person hired by the employer. By comparison, an open shop does not require union membership of potential and current employees.
Trade unions in the United Kingdom emerged in the early 19th century, but faced punitive laws that sharply limited their activities. They began political activity in the late 19th century and formed an alliance with the Liberal Party in the early 20th century. The grew rapidly 1900 to 1920, lost their legal disabilities, and were well established by the 1920s. Union members largely switched from Liberal to the new Labour Party. Its leader Ramsay MacDonald became prime minister in 1924 briefly, and then again in 1929. In the 1980s Margaret Thatcher's Conservative governments weakened the powers of the unions by making it more difficult to strike legally. Most British unions are members of the TUC, the Trades Union Congress, or where appropriate, the Scottish Trades Union Congress or the Irish Congress of Trade Unions, which are the country's principal national trade union centres.
The Trade Union and Labour Relations (Consolidation) Act 1992 is a UK Act of Parliament which regulates United Kingdom labour law. The act applies in full in England and Wales and in Scotland, and partially in Northern Ireland.
Eweida v United Kingdom[2013] ECHR 37 is a UK labour law decision of the European Court of Human Rights, concerning the duty of the government of the United Kingdom to protect the religious rights of individuals under the European Convention on Human Rights. The European Court found that the British government had failed to protect the complainant's right to manifest her religion, in breach of Article 9 of the European Convention. For failing to protect her rights, the British government was found liable to pay non-pecuniary damages of €2,000, along with a costs award of €30,000.
Jay Lee was a British National Party (BNP) member, who fought a legal battle after being expelled from a trade union.
Victoria Philips is a solicitor in the United Kingdom. She is head of the Employment Rights Unit at Thompsons Solicitors, having qualified as a solicitor in August 1996. She was previously president of the National Union of Students between 1986 and 1988.
Redfearn v United Kingdom [2012] ECHR 1878 is a UK labour law and European Court of Human Rights case. It held that UK law was deficient in not allowing a potential claim based on discrimination for one's political belief. Before the case was decided, the Equality Act 2010 provided a remedy to protect political beliefs, though it had not come into effect when this case was brought.
Article 11 of the European Convention on Human Rights protects the right to freedom of assembly and association, including the right to form trade unions, subject to certain restrictions that are "in accordance with law" and "necessary in a democratic society".
Article 11 – Freedom of assembly and association
- Everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and to join trade unions for the protection of his interests.
- No restrictions shall be placed on the exercise of these rights other than such as are prescribed by law and are necessary in a democratic society in the interests of national security or public safety, for the prevention of disorder or crime, for the protection of health or morals or for the protection of the rights and freedoms of others. This article shall not prevent the imposition of lawful restrictions on the exercise of these rights by members of the armed forces, of the police or of the administration of the State.
The constitution of the United Kingdom comprises the written and unwritten arrangements that establish the United Kingdom of Great Britain and Northern Ireland as a political body. Unlike in most countries, no official attempt has been made to codify such arrangements into a single document, thus it is known as an uncodified constitution. This enables the constitution to be easily changed as no provisions are formally entrenched.
The Employment Act 2008 is an act of the Parliament of the United Kingdom which reformed a wide range of different provisions of UK labour law. It is an amending statute, and therefore simply altered pre-existing law to remedy perceived problems in the law's operation to do with dispute resolution, strengthen enforcement of the minimum wage and employment agency standards and to conform with updated case law on trade unions, in particular, ASLEF v United Kingdom.
International Transport Workers Federation v Viking Line ABP (2007) C-438/05 is an EU law case of the European Court of Justice, in which it was held that there is a positive right to strike, but the exercise of that right could infringe a business's freedom of establishment under the Treaty on the Functioning of the European Union article 49. Often called The Rosella case or the Viking case, it is relevant to all labour law within the European Union. The decision has been criticised for the Court's inarticulate line of reasoning, and its disregard of fundamental human rights.
Laval un Partneri Ltd v Svenska Byggnadsarbetareförbundet (2007) C-341/05 is an EU law case, relevant to all labour law within the European Union, which held that there is a positive right to strike. However, it also held that the right to strike must be exercised proportionately and in particular this right was subject to justification where it could infringe the right to freedom to provide services under the Treaty on the Functioning of the European Union article 56.
Wilson v United Kingdom [2002] ECHR 552 is a United Kingdom labour law and European labour law case concerning discrimination by employers against their workers who join and take action through trade unions. After a long series of appeals through the UK court system, the European Court of Human Rights held that ECHR article 11 protects the fundamental right of people to join a trade union, engage in union related activities and take action as a last resort to protect their interests.
Lee v Showmen's Guild of Great Britain [1952] 2 QB 329 is a UK labour law case, concerning the construction of terms in a contract of employment.
Young, James and Webster v United Kingdom [1981] ECHR 4 is a UK labour law case, concerning freedom of association and the closed shop. It found that the closed shop was incompatible with the convention, although it does not prevent fair share agreements, or automatic enrollment in union membership with an opt-out.
The Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2022 is a statutory instrument of the Parliament of the United Kingdom. The regulations removed Regulation 7 of the Conduct of Employment Agencies and Employment Businesses Regulations 2003, which prevented employment agencies from supplying agency workers to employers to replace workers taking part in official industrial action. The regulations were struck down in a High Court case in July 2023, and were quashed from 10 August 2023.
References
- European Court judgment 27 February 2007
- Trade Union and Labour Relations (Consolidation) Act 1992
- E McGaughey, A Casebook on Labour Law (Hart 2018) ch 8, 351